CRA acknowledges that its T1135 form is misleading as to what is a “foreign affiliate”

The T1135 form and related disclosure states that specified foreign property “does not include … a share of the capital stock or indebtedness of a foreign affiliate,” without disclosing that the definition “foreign affiliate” for these purposes is narrower than the definition in s. 95(1). For example, if a Canadian corporation holds debt of a foreign “grandchild” subsidiaries whose shares are held by its immediate Canadian subsidiary, then (by virtue of s. 233.4(2)(a) as it applies pursuant to para. (k) of the “specified foreign property” definition in s. 233.3(1)), it will not be considered to be holding debt of a “foreign affiliate,” so that such debt will be required to be disclosed on the T1135 form.

CRA indicated that applications for cancellation of interest or penalties for taxpayers that were misled by the T1135 wording would be “entertained” by CRA, and that it also encouraged taxpayers to voluntarily correct past filing errors through submitting adjustments or applying under the voluntary disclosure program.

Neal Armstrong. Summary of 25 November 2021 CTF Roundtable, Q.14 under s. 233.3(1) - specified foreign property – para. (k).