Who should file a T3 return

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Who should file a T3 return

You have to file a T3 return if income from the trust property is subject to tax, and in the tax year, the trust:

  • has tax payable;
  • is requested to file;
  • is resident in Canada and has either disposed of, or is deemed to have disposed of, a capital property or has a taxable capital gain (for example, a principal residence, or shares);
  • is a non-resident throughout the year, and has a taxable capital gain or has disposed of taxable Canadian property;
  • is a deemed resident trust;
  • holds property that is subject to subsection 75(2) of the Act;
  • has provided a benefit of more than $100 to a beneficiary for upkeep, maintenance, or taxes for property maintained for the beneficiary's use (for more information, see Line 43 – Upkeep, maintenance, and taxes of a property used or occupied by a beneficiary in Guide T4013, T3 Trust Guide; or
  • receives from the trust property any income, gain, or profit that is allocated to one or more beneficiaries, and the trust has:
    • total income from all sources of more than $500;
    • income of more than $100 allocated to any single beneficiary;
    • made a distribution of capital to one or more beneficiaries; or
    • allocated any portion of the income to a non-resident beneficiary.

Examples

  1. A T3 return must be filed when a trust does not have tax payable, however the trust holds property that is subject to subsection 75(2) of the Act.
  2. A T3 return must be filed when the trusts’ total income from all sources is less than $500, however the trust made a distribution of capital to one or more beneficiaries.

A trust, whose residency status changes, will retain the same trust number.

Where an electing trust has filing obligations under both its resident portion trust and non-resident portion trust, it is required to file these amounts separately under two distinct trust numbers.

Tax tip

You may not have to file a return if the estate is distributed immediately after the person dies, or if the estate did not earn income before the distribution. In these cases, you should give each beneficiary a statement showing his or her share of the estate.

Forms and publications

Related links

Date modified:
2017-01-04