Flowchart: 2023 Excluded Owners

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Flowchart: 2023 Excluded Owners

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Flowchart description

The flowchart asks you yes or no questions.

Question 1: Are you an owner of the residential property as a partner of a partnership?

If your answer is “Yes”:

  • go to question 2

If your answer is “No”:

  • go to question 3

Question 2: Is the partnership a specified Canadian partnership?

If your answer is “Yes”:

  • You are an excluded owner

If your answer is “No”:

  • You are an affected owner

Question 3: Are you an owner of the residential property as a trustee of a trust?

If your answer is “Yes”:

  • go to question 4

If your answer is “No”:

  • go to question 6

Question 4: Is the trust a specified Canadian trust?

If your answer is “Yes”:

  • You are an excluded owner

If your answer is “No”:

  • go to question 5

Question 5: Is the trust any of the following trusts under the ITA:

  • a mutual fund trust
  • a real estate investment trust
  • a SIFT trust?

If your answer is “Yes”:

  • You are an excluded owner

If your answer is “No”:

  • You are an affected owner

Question 6: Are you an owner of the residential property in a capacity other than as a partner or trustee?

If your answer is “Yes”:

  • go to question 7

If your answer is “No”:

  • If you are not an owner of a residential property, generally you do not have any UHT obligation. (The word "generally" is added as a person who is not an owner may have obligations under Part 5 of the UHTA.) If you are an owner of a residential property, please go back and choose the appropriate answer.

Question 7: Are you any of the following…

  • a specified Canadian corporation
  • a citizen or permanent resident of Canada (including a personal representative of a deceased individual)
  • a Canadian corporation whose shares are listed on a Canadian stock exchange designated under the ITA
  • the Government of Canada (or an agent of)
  • a Government of a province (or an agent of)
  • an Indigenous governing body under the DISA
  • a registered charity under the ITA
  • any of the following under the ETA:
    • a cooperative housing corporation
    • a hospital authority
    • a municipality
    • a para-municipal organization
    • a public college
    • a school authority
    • a university?

If your answer is “Yes”:

  • You are an excluded owner

If your answer is “No”:

  • go to question 8

Question 8: Are you a Canadian corporation and is at least 90% of your corporation’s shares owned or controlled by one of the following:

  • a mutual fund trust under the ITA
  • a real estate investment trust under the ITA
  • a SIFT trust under the ITA
  • a Canadian corporation whose shares are listed on a Canadian stock exchange designated under the ITA?

If your answer is “Yes”:

  • You are an excluded owner

If your answer is “No”:

  • You are an affected owner

Excluded owners have no obligations under the Underused Housing Tax Act. Affected owners must file a UHT return and pay the tax unless an exemption applies. To learn more about the UHT and exemptions, visit canada.ca/cra-uht.

  • DISA = Department of Indigenous Services Act
  • ETA = Excise Tax Act
  • ITA = Income Tax Act
  • SIFT = specified investment flow-through


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Date modified:
2024-12-31