| 2 June 2026 STEP Roundtable Q. 1, 2026-1091031C6 - Qualified Disability Trusts |
Income Tax Act - Section 108 - Subsection 108(1) - Testamentary Trust - Paragraph (b) |
QDT continued to qualify as a testamentary trust when it received subsequent bequests from another parent or from a grandparent |
| Income Tax Act - Section 122 - Subsection 122(3) - qualified disability trust - Paragraph (a) - Subparagraph (a)(i) |
subsequent bequests to a QDT will not disqualify it as such |
| 2 June 2026 STEP Roundtable Q. 2, 2026-1090991C6 - Filing Requirements of a Testamentary Trust |
Income Tax Act - Section 104 - Subsection 104(5.8) - Paragraph 104(5.8) |
application of s. 104(5.8)(a) where transferor spouse is a spousal trust |
| Income Tax Act - Section 150 - Subsection 150(1.2) |
a successor trust to a testamentary spousal trust does not have filing obligations until it is created, which can be after the date of death of the testator |
| 2 June 2026 STEP Roundtable Q. 3, 2026-1091021C6 - Deemed Resident Trust and Section 150 |
Income Tax Act - Section 150 - Subsection 150(1.2) - Paragraph 150(1.2)(b) |
T3 reporting did not apply to a s. 94(3) trust with nominal assets |
| 2 June 2026 STEP Roundtable Q. 4, 2026-1089201C6 - Vefghi Case and Timing of Dividend Payments |
Income Tax Act - Section 104 - Subsection 104(19) |
flow through of taxable capital gains of GRE trust to taxation year of corporate beneficiary ending after year-end of the trust |
| Income Tax Act - Section 104 - Subsection 104(21) |
CDA addition under (a)(i.1) to corporate beneficiary receiving a capital gains trust distribution does not occur until the trust year end |
| Income Tax Act - Section 104 - Subsection 104(20) |
capital dividends received by a corporate trust beneficiary not added to its CDA until the trust year end |
| 2 June 2026 STEP Roundtable Q. 5, 2026-1091041C6 - Canadian Real Property Transferred by U.S. Person to U.S. Grantor Trust |
Income Tax Act - Section 116 - Subsection 116(5.1) |
s. 116(5.1) applies on contribution of TCP to US grantor trust |
| Income Tax Act - Section 104 - Subsection 104(1) |
a U.S. revocable living trust is not a bare trust for s. 116 purposes |
| 2 June 2026 STEP Roundtable Q. 6, 2026-1089191C6 - Timing of Trust Remittance under Part XII |
Income Tax Act - Section 215 - Subsection 215(1) |
application of 15-day remittance deadline in NR4 Guide to a deemed trust distribution |
| Income Tax Act - Section 214 - Subsection 214(3) - Paragraph 214(3)(f) |
application of its 15-day remittance policy in Guide T4061 to a deemed payment under s. 214(3)(f)(i) |
| 2 June 2026 STEP Roundtable Q. 7, 2026-1089011C6 - RRSP and Named Beneficiary |
Income Tax Act - Section 160.2 - Subsection 160.2(1) |
where the designated beneficiary of an RRSP is the annuitant’s ex-spouse, the estate of the deceased rather than the ex-spouse will bear the death tax |
| Income Tax Act - Section 146 - Subsection 146(8.8) |
where ex-spouse is the designated beneficiary, burden of tax falls on the estate rather than the beneficiary |
| 2 June 2026 STEP Roundtable Q. 8, 2026-1089221C6 - Acquisition of Control of Corporate |
Income Tax Act - Section 251.2 - Subsection 251.2(2) - Paragraph 251.2(2)(a) |
there is generally an acquisition of control of any trust-controlled corporation where an unrelated person becomes a replacement trustee |
| Income Tax Act - Section 256 - Subsection 256(7) - Paragraph 256(7)(i) - Subparagraph 256(7)(i)(ii) |
trustees of an alter ego trust who hold a power to encroach on capital hold discretionary authority with respect to the capital of the trust as described in s. 256(7)(i)(ii) |
| 2 June 2026 STEP Roundtable Q. 9, 2026-1089241C6 - Trust Refreeze |
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| 2 June 2026 STEP Roundtable Q. 10, 2026-1088411C6 - Notifiable Transaction: New Trusts with Corporate Beneficiaries Owned by Potential Non-Resident Beneficiaries |
Income Tax Act - Section 237.4 - Subsection 237.4(4) |
the possibility of engaging in a notifiable transaction does not establish a filing requirement |
| 2 June 2026 STEP Roundtable Q. 11, 2026-1088421C6 - Tax ID Numbers |
Income Tax Act - Section 239 - Subsection 239(2.3) |
checking a box is acceptable written consent |
| Income Tax Act - Section 237 - Subsection 237(2) |
reasonable efforts entail repeated attempts and should be documented |
| 2 June 2026 STEP Roundtable Q. 12, 2026-1089271C6 - Schedule 15 Penalty |
Income Tax Regulations - Regulation 204.2 - Subsection 204.2(1) |
CRA no longer discards Sched. 15s that are not required, so that it will not subsequently assess penalties where a subsequent Sched. 15 states “no change” |
| 2 June 2026 STEP Roundtable Q. 13, 2026-1091001C6 - Income of non-resident trust which has elected to have paragraph 94(3)(f) apply |
Income Tax Act - Section 94 - Subsection 94(3) - Paragraph 94(3)(f) |
a s. 94(3)(a) trust had a non-resident portion arise on the death of a resident contributor so that it could elect under s. 94(3)(f) |
| 2 June 2026 STEP Roundtable Q. 14, 2026-1098051C6 - Subparagraph (g)(iv) of definition of trust |
Income Tax Act - Section 108 - Subsection 108(1) - Trust - Paragraph (g) - Subparagraph (g)(iv) |
the s. (g)(iv) exclusion from the indefeasible-vesting exception to the 21-year deemed disposition rule can apply to a s. 94(3) trust |
| 2 June 2026 STEP Roundtable Q. 15, 2026-1089181C6 - T1135 and Partnership |
Income Tax Act - Section 233.3 - Subsection 233.3(1) - Specified Foreign Property - Paragraph (o) |
Cdn partners were relieved of T1135 obligation by virtue of having a 10% partnership interest in a foreign partnership |
| Income Tax Act - Section 233.3 - Subsection 233.3(1) - Specified Canadian Entity - Paragraph (b) |
partnership with over 10% resident partner interests required to file T1135 |
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