Discovery Trust and Boettger have not changed CRA’s application of the Fundy residency test to provincial trusts
1 December 2015 - 11:31pm
CRA's views regarding the application of the "central management and control" test in determining the residency of a trust for provincial tax purpose (so as to determine whether such control is exercised by the settlor or beneficiaries rather than the named trustee) has not changed as a result of Discovery Trust and Boettger, so that it will continue to look at who makes the substantive decisions (being the high-level, strategic decision-making and governance rather than the day-to-day functions), where the power and discretion is really being exercised, and where the real business is carried on.
Neal Armstrong. 24 November CTF Annual Roundtable, Q.3.