Lump-Sum Support Payment: Deductible?

In order for spousal support payments to be deductible to the payer, the recipient must have discretion as to its use, the individuals must be living separate and apart because of a breakdown in their marriage or common-law relationship, and, the amount must be:

• Payable to the recipient;
• Payable as an allowance for the maintenance of the recipient;
• Payable on a periodic basis; and
• Payable under an order of a competent tribunal or under a written agreement.

In a June 20, 2014 Technical Interpretation, CRA discussed the third criterion noted above, the amount must be payable on a periodic basis.

Generally, an amount paid as a single lump sum does not qualify as an amount payable on a periodic basis. However, there may be situations where this is not the case. This occurs primarily where the amount represents a series of periodic payments in arrears after the date of the Court Order or Written Agreement.

This could apply to a single lump-sum arrears payment, or to multiple lump-sum arrears payments.

That said, a lump-sum payment to obtain a Release from a liability imposed by an Order or Written Agreement may not be considered to be a periodic payment.

Contact us if you are considering a lump-sum support payment or need help with the tax implications of a relationship breakdown.