Elie Roth, Tim Youdan, Chris Anderson, Kim Brown, "Taxation of Trusts Resident in Canada", Chapter 3 of Canadian Taxation of Trusts, (Canadian Tax Foundation), 2016.

Affiliation of discretionary beneficiary with trust (p. 133)

[W]hen the person has a discretionary interest in the income or capital or a trust,...

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Circularity problem where estate capital gains realized in 1st year (p 139)

The CRA has acknowledged that the wording of subsections 40(3.61) and...

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Potential for s. 107(1)(c) to result in double taxation (pp. 144-145)

When the beneficiary is itself a trust, paragraph 107(1)(c) reduces its loss...

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Trustees not necessarily a group (pp. 158-9)

[T]he CRA has relied on Consolidated Holding as establishing a presumption that trustees act in...

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Extinguishing of unused LP losses (pp. 170-171)

Other than for the purposes of paragraph of 98(5)(g), this paragraph [70(6)(d.1)] provides that...

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Treaty relief from residency requirement in 70(6) – but “will” requirement (p. 171)

Subsection 70(6) applies to a transfer to a taxpayers...

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Effect of disclaimer or release (pp. 177-8)

Under the common law, a disclaimer means a refusal to accept a gift or other transfer of property....

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Purpose (p. 192)

Paragraph 104(4)(a.3) is an anti-avoidance rule…[whose] purpose… is to ensure that a taxpayer cannot use the rollover in...

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Deduction in executor’s year or of formula amount (p. 203)

[S]ubsection 104(6) can potentially apply to amounts paid or payable from an estate. ...

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Whether a benefit to parent when trust pays for child’s necessities (p. 206)

An ancillary question is whether the payment is treated as a...

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Effect of specified factor (p. 208)

Subsection 104(7.01) limits the amount of the deduction under subsection 104(6) for distributions of...

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Net capital losses generally carried forward rather than back (pp. 216-7)

The amount included in a beneficiary's income under subsection 104(13)...

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Purpose of s. 104(2) (pp. 246-7)

Lloyd F. Raphael has stated that the "apparent purpose of [subsection 104(2)] is to prevent a settlor from...

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