CRA indicates that individuals whose income is exempted under the Indian Act nonetheless are subject to the general T1135 and T1134 reporting obligations

CRA found that an “Indian” whose income earned during a taxation year is exempt pursuant to the Indian Act would be a “reporting entity” within the meaning of ss. 233.3 and 233.4 and, thus, be subject to the obligation to file T1135 and T1134 forms, and to penalties for failures to do so.

Generally, a “reporting entity” for such purposes excludes a taxpayer “whose total taxable income for the year is exempt from the tax under Part I”. CRA considers that this phrase refers to persons whose income is (absolutely) exempt pursuant to s. 149(1) and does not encompass a person (such as a status Indian) whose income from a particular source (here, income earned on a reserve) is excluded from the individual’s income.

Neal Armstrong. Summary of 30 December 2024 Internal T.I. 2024-1031721I7 F under s. 233.3(1) – specified Canadian entity – (a)(iii).