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
- 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.
- 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