In determining whether an individual has power to enjoy income within ITA 2007, s. 721:

1regard is had to the substantial result and effect of the transfer and any associated operations; and

2all benefits which may at any time accrue to the individual (whether or not he has rights at law or in equity in or to those benefits) as a result of the transfer and any associated operations shall be taken into account, irrespective of the nature or form of the benefits

(ITA 2007, s. 722(3), (4)).

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