Flowchart: 2023 Excluded Owners
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Flowchart: 2023 Excluded Owners
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