Because Charles is a related minor, the attribution rules apply to income generated from property transferred to him by Roy. Dividend income earned on the gifted shares is therefore attributed back to Roy and included in Roy's taxable income while Charles remains a minor.

The important distinction is between income from property and capital gains or losses. CRA's interpretation of subsection 74.1(2) confirms that income or loss from transferred property is generally attributed to the transferor where property is transferred to a related minor. This captures investment income such as dividends and interest.

Capital gains and capital losses receive different treatment. The same CRA guidance states that subsection 74.1(2) does not ordinarily attribute a subsequent taxable capital gain or allowable capital loss arising from disposition of transferred property back to the transferor. Those gains or losses generally remain with the minor, subject to specialized exceptions not indicated in this scenario.

Therefore, an equity portfolio producing capital appreciation may have different attribution consequences from one producing substantial current dividend or interest income.

FPII reference/topic: Investment and Tax Planning — attribution rules; transfers to related minors; property income versus capital gains.

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