Subsection (1.31)
Articles
Joint Committee, "Trust Reporting", 11 September 2024 Joint Committee Submission
Regarding the draft Technical Bill exceptions from s. 150(1.3) contained in s. 150(1.31):
- The exception in s. 150(1.31)(a) for where each deemed...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 150 - Subsection 150(1.2) | 216 | |
| Tax Topics - Income Tax Act - Section 150 - Subsection 150(1.3) | 51 |
Subsection 150(1) - Filing returns of income — general rule
Cases
R. v. Coffen, 97 DTC 5552, [1998] 3 CTC 285 (Ont. Ct. J. (G.D.))
Sheppard J. noted that there was no requirement on an individual taxpayer to file a return if no tax was payable by him for the year in question.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Onus | 56 | |
| Tax Topics - Income Tax Act - Section 239 - Subsection 239(1) - Paragraph 239(1)(d) | 96 |
Paragraph 150(1)(a) - Corporations
Administrative Policy
15 May 2019 IFA Roundtable Q. 6, 2019-0798861C6 - Non-resident filing income tax return
One of the exceptions to the s. 150 requirement for a non-resident to file a Canadian tax return is the exception for an “excluded...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 150 - Subsection 150(5) - Paragraph 150(5)(b) | non-resident partners of a partnership that has disposed of TCP must file Part I returns even if a s. 116 certificate indicates that all Part I tax is paid | 155 |
27 November 2017 External T.I. 2017-0731441E5 - Interchange Canada and Business Number
Under the proposed Interchange Agreement with a non-resident corporation (“NRCo”) and a non-resident employee of NRCo, the employee will...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 2 - Subsection 2(3) - Paragraph 2(3)(b) | NR corp carrying on business in Canada by virtue of being reimbursed for payroll costs of seconded employee | 141 |
| Tax Topics - Income Tax Regulations - Regulation 102 - Subsection 102(1) | NR company seconding employee to Canada subject to Reg. 102 withholding requirement but not EI or CPP | 173 |
| Tax Topics - Income Tax Regulations - Regulation 105 - Subsection 105(1) | salary reimbursement payments made to seconding NR employer subject to withholding | 121 |
6 October 2017 APFF Roundtable Q. 1, 2017-0708971C6 F - Inactive Corporations & subs. 162(7) ITA
What was the CRA position on: (a) the obligation of an inactive Canadian corporation to file a T2 return for each of the years in which there is...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 162 - Subsection 162(7) | no penalty imposed where failure to file a nil T2 return | 208 |
10 October 2014 APFF Roundtable Q. 27, 2014-0538211C6 F - 2014 APFF Roundtable, Q. 27 - Various issues re: administration of the Act
(e) Will CRA accept an estimate of the percentage of revenue generated in Sched. 88?
(f) Is Schedule 88 required to be completed by a financial...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 162 - Subsection 162(7.1) | no T5013/T3 late filing penalty where filing after waiving of filing requirement | 33 |
25 April 2014 Internal T.I. 2014-0521541I7 - Requirement for Crown corporations to file T2
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 220 - Subsection 220(2.1) | Crown corporations T2 exemption | 0 |
28 November 2011 November CTF Roundtable, 2011-0426591C6 - Deemed services permanent establishment
A US partnership (USFirm) subcontracts part of its contract, to perform consulting services to an arm's length Canadian customer (Canco), to an...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Regulations - Regulation 105 - Subsection 105(1) | partnership subject to Reg. 105 withholding | 214 |
| Tax Topics - Treaties - Income Tax Conventions - Article 5 | subcontracting | 207 |
Who has to file a corporation income tax return CRA webpage 21 April 2020
Resident corporations
All resident corporations (except tax-exempt Crown corporations, Hutterite colonies and registered charities) have to file...
T2 SCH88 Internet Business Activities
File this schedule if your corporation earns income from one or more webpages or websites.
8 June 2009 External T.I. 2009-0314301E5 F - Société d'État provinciale, production T2
In indicating that a provincial Crown corporation was not required to file a T2 return, CRA stated:
This position also applies to the forms that...
Subparagraph 150(1)(a)(i)
Administrative Policy
7 September 2006 External T.I. 2006-0173701E5 F - Exercice financier d'une société
A resident corporation incorporated on December 10, 2005, but which did not begin carrying on its business until 2007, was nonetheless required to...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 249.1 - Subsection 249.1(1) - Paragraph 249.1(1)(a) | 53 week period includes initial period of inactivity | 35 |
Clause 150(1)(a)(i)(A)
Administrative Policy
5 July 2005 Internal T.I. 2005-0132671I7 F - Filing of Return - Corporation Being Wound Up
CRA indicated that a corporation that has distributed all its assets and liabilities must nonetheless continue to file returns (including for the...
Clause 150(1)(a)(i)(B)
Administrative Policy
2020 IFA-YIN Seminar on COVID-19 Guidelines, Q.10
In light of OECD commentary that tax administrations should minimize burdensome compliance requirements during the COVID-19, could CRA waive the...
Paragraph 150(1)(c) - Trusts or estates
See Also
Lussier v. The Queen, 2000 DTC 1677 (TCC)
In finding that a subsequently-filed letter request was a valid late designation under s. 104(13.1), Archambault J stated (at paras. 25,...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(13.1) | late designation by letter was valid return amendment | 297 |
Administrative Policy
15 June 2022 STEP Roundtable Q. 14, 2022-0930221C6 - Info on new T3 EFILE process
CRA noted that its:
EFILE web service is now accepting transmissions of T3 returns (currently limited to only 2021 and subsequent tax years T3RET,...
8 October 2010 Roundtable, 2010-0373681C6 F - Production d'une Déclaration T3
Where a trust does not satisfy any of the conditions for exemption listed in the Trust Guide for a taxation year, will it be subject to any...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Regulations - Regulation 204 - Subsection 204(1) | no obligation to file T3 where only property is non-income generating s. 75(2) property | 73 |
Undated, Rulings Division Summary (Tax Window, No. 3, p. 31, ¶1251)
A T3 return must be filed where a taxpayer has died, even where no trust is created by the deceased's will, the estate is liquidated within six or...
Forms
Paragraph 150(1)(d) - Individuals
Cases
Rezek v. Canada, 2005 DTC 5373, 2005 FCA 227
After confirming the Minister's position that the taxpayer and his wife were engaged in spread transactions as a partnership, and therefore that...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 171 - Subsection 171(1) | impermissible new theory | 45 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Property | spread comprising a convertible security and rights under short sale was not a single property | 129 |
| Tax Topics - Income Tax Act - Section 39 - Subsection 39(4) | requirement to file election with return is satisfied even if return is late | 144 |
| Tax Topics - Income Tax Act - Section 96 | spouse carrying on linked legs of integrated trading transactions | 204 |
| Tax Topics - Statutory Interpretation - Resolving Ambiguity | 54 |
See Also
Saunders v. The Queen, 2010 DTC 1099 [at 3025], 2010 TCC 114 (Informal Procedure)
A CRA office set up a deposit box for returns. The taxpayer's return was not late, given that the taxpayer's accountant testified that he...
Administrative Policy
29 November 2022 CTF Roundtable Q. 6, 2022-0950671C6 - Guidance on Crypto-asset Taxation and Reporting
CRA indicated that it is working on providing further guidance on preparing tax returns for crypto asset dispositions by updating the T1 form, the...
Subsection 150(1.1)
Paragraph 150(1.1)(b)
Cases
Takenaka v. Canada (Attorney General), 2018 FC 347
The taxpayer, who had no Part I tax payable for her 2011 and 2012 years, decided in 2014 to file returns for those years in order to make Canada...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 220 - Subsection 220(3.1) | CRA to reconsider a penalty imposed for failure to timely file a T1135 by a taxpayer with a nil Part I tax liability | 357 |
| Tax Topics - Income Tax Act - Section 162 - Subsection 162(7) | CRA delegate failed to consider that, as there was no obligation to file a nil Part I tax return, it was reasonable not to timely file a T1135 | 194 |
Subparagraph 150(1.1)(b)(i)
Administrative Policy
28 June 2017 External T.I. 2017-0705431E5 - funds held in settlement account
Settlement funds received by a law firm from the defendant in a class action suit are held in a settlement trust, to be applied solely for...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 149 - Subsection 149(1) - Paragraph 149(1)(w) | court-supervised settlement fund for class action was not required by a law | 186 |
| Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(c) | litigation settlement trust with class action beneficiaries required to pay tax and file T3 returns | 123 |
Subparagraph 150(1.1)(b)(ii)
Administrative Policy
4 June 2024 STEP Roundtable Q. 8, 2024-1007841C6 - Disposition of Property Held in a Bare Trust
A bare trust (not described in (a) to (e.1) of s. 108(1) – trust) holds no property in the year other than a Cdn.$10,000 government bond and...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | a disposition by a bare trust is not a “disposition” absent s. (b)(v) or (k) of that definition applying | 124 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition - Paragraph (e) | notwithstanding (b)(v) of “disposition,” the winding up of a bare trust does not cause a disposition of its property | 107 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition - Paragraph (b) - Subparagraph (b)(v) | (b)(v) inapplicable to the winding-up of a bare trust | 48 |
Subparagraph 150(1.1)(b)(iii)
Administrative Policy
25 July 2022 External T.I. 2021-0905871E5 - Section 116 Certificate
An estate (the “Estate”) which was not resident in Canada was created on the death of a resident individual who held a Canadian condo...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 116 - Subsection 116(6.1) | disposition of capital interest arising from estate’s distribution to US beneficiary of cash derived from sale of Canadian real estate was disposition of treaty-protected property | 316 |
| Tax Topics - Income Tax Act - Section 251 - Subsection 251(2) - Paragraph 251(2)(a) | the daughter of the deceased, who is his sole beneficiary and the sole executor, is not related to the estate | 228 |
Subsection 150(1.2)
Administrative Policy
CRA News Release, “Bare trusts are exempt from trust reporting requirements for 2023,” 28 March 2024
Cancellation of bare trust reporting obligation for calendar 2023
In recognition that the new reporting requirements for bare trusts have had an...
CRA Webpage, New reporting requirements for trusts: T3 returns filed for tax years ending after December 30, 2023, updated on 12 March 2024
2.4. What is an express trust?
Generally, an express trust is a trust created with the settlor's express intent, usually made in writing (as...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 162 - Subsection 162(7) | no s. 162(7) penalty for 2023 taxation year of bare trust unless gross negligence | 142 |
| Tax Topics - Income Tax Act - Section 163 - Subsection 163(5) | no s. 163(5) penalty for 2023 taxation year of bare trust unless situation egregious | 191 |
Reporting Requirements for Trusts, 14 January 2022
Effective date of CRA application of s. 150(1.2)
The legislation to support this proposed measure is pending. The CRA will administer the new...
Articles
Joint Committee, "Trust Reporting", 11 September 2024 Joint Committee Submission
Recommendations of the Trust Reporting Working Group of the Joint Committee on the amendments in August 12, 2024 Technical Amendments package to...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 150 - Subsection 150(1.3) | 51 | |
| Tax Topics - Income Tax Act - Section 150 - Subsection (1.31) | 181 |
Joint Committee, "July 27, 2018 Legislative Proposals", 10 September 2018 Submission
Narrowness of the exceptions (pp. 3-6)
The exceptions in ss. 150(1.2)(a) to (n) are too narrow:
- Re s. 150(1.2)(b): its $50,000 limit should be...
Paragraph 150(1.2)(b)
Administrative Policy
4 June 2024 STEP Roundtable Q. 9, 2024-1020351C6 - Paragraph 150(1.2)(b) and GICs
CRA indicated that a GIC issued by a Canadian bank or trust company did not constitute one of the assets listed in s. 150(1.2)(b), such as money,...
Subparagraph 150(1.2)(b)(i)
Administrative Policy
20 June 2023 STEP Roundtable Q. 3, 2023-0968091C6 - Trust Reporting – Definition of Money and Treatment of Dividend Receivable
Pursuant to s. 150(1.2)(b), the exception from trust reporting requirements under s. 150(1.1) - that may be available to individuals with no Part...
Subsection 150(1.3)
Administrative Policy
27 February 2024 External T.I. 2024-1006681E5 - Arrangements subject to trust reporting
Would the trust-reporting rules apply to an arrangement under which a person can reasonably be considered to act as agent for one or more other...
Articles
Joint Committee, "Trust Reporting", 11 September 2024 Joint Committee Submission
-
It is suggested that the deemed express trust rule in s. 150(1.3) is overly broad and might extend to landlord/tenant or licensor/licensee...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 150 - Subsection 150(1.2) | 216 | |
| Tax Topics - Income Tax Act - Section 150 - Subsection (1.31) | 181 |
Joint Committee, "Reporting Requirements for Trusts", 5 April 2022 Joint Committee Submission
Low benefit and burdensome reporting requirements under s. 150(1.3) bare trust reporting (pp 4-5)
It is questioned whether the required filings...
Subsection 150(2) - Demands for returns
Cases
R. v. Merkle, 80 DTC 6027, [1979] CTC 519 (Alta. C.A.)
(1) The use in s. 150(2) of the language "whether or not he is liable" (suggesting that Parliament "did not intend to rule out 'all' defences,...
Subsection 150(3) - Trustees, etc.
Administrative Policy
14 March 2013 Internal T.I. 2012-0451131I7 - Trustee's Rights & Obligations under the Act
Although s. 22 of the Bankruptcy and Insolvency Act requires a trustee to file only the return for the taxation year before the year of...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 241 - Subsection 241(4) - Paragraph 241(4)(k) | 49 |
Subsection 150(3.1)
Subsection 150(5)
Paragraph 150(5)(b)
Administrative Policy
15 May 2019 IFA Roundtable Q. 6, 2019-0798861C6 - Non-resident filing income tax return
Where a s. 116 certificate is issued respecting a disposition of taxable Canadian property (that is not treaty-protected property) by a...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 150 - Subsection 150(1) - Paragraph 150(1)(a) | "tax is payable" even if already paid | 181 |