CRA indicates that the classification of civil law foundation is determined on a case-by-case basis

CRA indicated that it will apply its usual two-step approach to foreign entity classification in determining whether a foundation created under the laws of a country where civil law applies is treated as a trust under the Act – and since this is done on a case-by-case, it is not making any blanket pronouncement that such foundations are trusts for such purposes. It will consider detailed ruling requests in this regard.

Neal Armstrong. Summary of 15 June 2022 STEP Roundtable, Q.16 under s. 104(1).