Section 75

Subsection 75(2) - Trusts

Cases

Fiducie financière Satoma v. Canada, 2018 FCA 74

A tax plan turned upon dividends that in fact were paid to a family trust (Satoma Trust) being attributed under s. 75(2) to a corporation...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 245 - Subsection 245(1) - Tax Benefit tax benefit to trust from tax-free dividend even though not distributed to a beneficiary 277
Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) using ss. 75(2) and 112(1) for tax-free dividends to trust thwarted s. 112(1) object to tax earnings when ultimately distributed 319
Tax Topics - Income Tax Act - Section 3 pervasive rule that the same income is not to be taxed in 2 persons’ hands 148
Tax Topics - Statutory Interpretation - Double Taxation (Presumption Against) inclusion of income in more than one taxpayer’s hands is contrary to s. 3 173
Tax Topics - Income Tax Act - Section 112 - Subsection 112(1) abusive to use s. 112(1) so as to avoid ultimate taxation of individuals 180

Canada v. Sommerer, 2012 DTC 5126 [at 7219], 2012 FCA 207

The taxpayer (a Canadian-resident individual) sold shares of a Canadian company to an Austrian private foundation (privatstiftung) which had been...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(1) Austrian foundation likely not a trust 181
Tax Topics - Income Tax Act - Section 248 - Subsection 248(5) 84
Tax Topics - Treaties - Income Tax Conventions treaty applies to economic double taxation 356
Tax Topics - Treaties - Income Tax Conventions - Article 13 attributed gain not included 415

Fraser v. The Queen, 91 DTC 5123 (FCTD), aff'd 95 DTC 5684 (FCA)

Subsection 75(2) did not apply to income earned by unit holders in a trust which used the subscription proceeds for the units to acquire mortgages...

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The Queen v. Quinn, 73 DTC 5215, [1973] CTC 258 (FCTD)

Under a contract with the Canadian Scholarship Trust Fund it was agreed that interest on funds deposited by the taxpayer would be transferred to...

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See Also

Fiducie Financière Satoma v. The Queen, 2017 TCC 84, aff'd 2018 FCA 74

The taxpayer was found to be subject to s. 245(2) respecting a surplus-stripping plan that relied on dividends that in fact were paid to a family...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) use of s. 75(2) attribution rule and s. 112(1) DRD to extract surplus to a family trust was abusive 569
Tax Topics - Income Tax Act - Section 245 - Subsection 245(1) - Tax Benefit tax benefit even though corporate surplus stripped in favour of family trust had not so far been distributed 215

Brent Kern Family Trust v. The Queen, 2013 DTC 1249 [at 1396], 2013 TCC 327, aff'd 2014 FCA 230

The facts (see para. 29 of the Reasons, which states the opposite of para. 6 of the poorly-drafted Statement of Agreed Facts) appear to be...

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Sommerer v. The Queen, 2011 DTC 1162 [at 845], 2011 TCC 212, aff'd 2012 FCA 207

The taxpayer (a Canadian-resident individual) transferred shares of a Canadian company to an Austrian private foundation (privatstiftung) which...

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Garron Family Trust v. The Queen, 2009 DTC 1568, 2009 TCC 450, aff'd sub nom St. Michael Trust Corp. v. The Queen, 2010 DTC 5189 [at 7361], 2010 FCA 309, aff'd sub nom Fundy Settlement v. Canada, 2012 SCC 14

In the course of the reorganization of the share structure of a Canadian holding company ("PMPL") for a Canadian automotive business, two newly...

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Howson c. The Queen, 2007 DTC 141, 2006 TCC 644

Monies advanced by the taxpayer to a family trust were found to be a loan rather than a contribution of capital, notwithstanding that a loan...

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Administrative Policy

15 June 2021 STEP Roundtable Q. 5, 2021-0883001C6 - Income Attribution from AET

Would s. 75(2) apply in the following independent scenarios?

(a) A taxpayer settles an alter ego trust and contributes an interest in a limited...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 82 - Subsection 82(2) application of s. 82(2) where s. 75(2) applies to dividend income allocated by a partnership 125
Tax Topics - Income Tax Act - Section 248 - Subsection 248(5) substituted property rule does not apply to "second generation income" 128

17 July 2019 Internal T.I. 2017-0718021I7 - Deregistration of TFSA

A trust lost its status as a tax-free savings account (“TFSA”) because it contravened the registration restriction on borrowing money. It...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 146.2 - Subsection 146.2(5) - Paragraph 146.2(5)(c) s. 75(2) applied to TFSA when it ceased to qualify 211

7 June 2019 STEP Roundtable Q. 12, 2019-0798301C6 - Attribution under 75(2)

CRA acknowledged that, in Satoma, Noël CJ. noted that express exclusions in most of the attribution provisions (e.g., s. 74.1) of the attributed...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Regulations - Regulation 204 - Subsection 204(1) Satoma has not changed the CRA view that trusts must report income that is attributed to the settlor under s. 75(2) 290

29 May 2018 STEP Roundtable Q. 11, 2018-0748241C6 - Subsection 104(13.4)

For taxation years ending after 2015, where the lifetime beneficiary of an alter ego trust dies, the trust will have a deemed year end on the...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(6) - Paragraph 104(6)(b) - Element B - Subparagraph (i) s. 104(4) gain is taxable in an alter ego trust 141

16 February 2017 Internal T.I. 2016-0669881I7 - 75(2) applicability to trust

Under the terms of the trust indenture for a family trust, the settlor is one of two original trustees, all decisions must be made unanimously,...

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12 July 2016 External T.I. 2014-0560361E5 - Cdn beneficiary of US living trust

In the course of a general discussion of the Canadian tax treatment of a taxpayer holding an interest in a U.S. “living trust,” CRA stated:

A...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(1) question of fact whether a U.S. revocable living trust is an excluded trust 134
Tax Topics - Income Tax Act - Section 126 - Subsection 126(1) whether there is a foreign tax credit for US tax paid by the grantor of a revocable US living trust 256

10 June 2016 STEP Roundtable Q. 13, 2016-0645811C6 - Filing Obligation for 75(2) trust

Reg. 204(1) provides that a trustee having control of or receiving income, gains or profits must file an information return – so that even...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Regulations - Regulation 204 - Subsection 204(1) s.75(2) trust generating losses need not file T3 returns 200

2015 Ruling 2015-0610391R3 - Whether 75(2) will apply to new trusts

Terms of New Trusts

Two new trusts (the “New Trusts”) are settled by Mr. A and Mrs. A, respectively. The trustees of each New Trust consist...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 108 - Subsection 108(1) - Trust - Paragraph (g) interests vested (but not distributed) before 21st anniversary 150

13 April 2015 External T.I. 2012-0449141E5 F - Usufruct

A corporation sold the usufruct respecting a property to an arm’s length third party for use as a secondary residence, while retaining the bare...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2.1) 107(2.1) application to termination of usufruct created for valuable consideration 126
Tax Topics - Income Tax Act - Section 248 - Subsection 248(3) application of trust provisions to creation of usufruct 95

10 October 2014 APFF Roundtable, 2014-0538241C6 F - 75(2) and definition of "earned income" in 146(1)

5(a)

When a rental property has been transferred to a trust, is rental income attributed to the transferor under s. 75(2) transformed into trust...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 146 - Subsection 146(1) - Earned Income character preservation of s. 75(2) attributed income 122
Tax Topics - Income Tax Act - Section 40 - Subsection 40(3.6) basis adjustment for denied capital loss (otherwise subject to s. 75(2) attribution) at trust level 208

3 October 2014 External T.I. 2013-0476871E5 - Subsection 75(2)

Property settled on a trust includes an LP interest. On termination of the trust, the trust property will revert to the settlor. Will s. 75(2) not...

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16 June 2014 STEP Roundtable, 2014-0523061C6 - Trust audit issues

2010-036630117 concerned the sole trustee and capital beneficiary of a trust (the taxpayer) who, had

transferred property to the trust by...

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16 June 2014 STEP Roundtable, 2014-0523001C6 - Trusts structured to invoke 75(2)

An "evil trust" is structured to deliberately cause the application of subsection 75(2), so as to cause the attribution of dividend income to a...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(13) Brent Kern schemes don't work even if Sommerer issue fixed 315

12 February 2014 Internal T.I. 2013-0508841I7 F - Application of subsection 75(2)

Corp transferred its limited partner interest in a limited partnership ("SEC") to Trust. It then applied s. 75(2) to attribute to itself the...

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23 January 2014 External T.I. 2013-0500711E5 F - Paragraph 75(2)

The will of Mr. X provided for the bequeathing of some of his property to family inter vivos discretionary trusts. The liquidator (i.e., executor)...

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11 October 2013 APFF Roundtable, 2013-0495721C6 F - APFF 2013- Round table question 7

Mr. X, who holds all the common shares of Corporation, exchanges his common shares under s. 51 for preferred shares having an equivalent fair...

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Fair Market Value - Shares FMV is a question of fact within TCC's discretion 224

11 June 2013 STEP Roundtable Q. 9, 2013-0480351C6 - STEP CRA Roundtable Q9 - June 2013

Respecting whether CRA accepted Sommerer, it stated that the decision stood:

for the general proposition that where property is transferred to a...

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Words and Phrases
sale

23 May 2013 Internal T.I. 2013-0481651I7 F - Attribution rules- business loss

A trust, that was subject ot s. 75(2), incurred losses from stock trading, and treated the resulting losses (which CRA had accepted had been...

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14 February 2013 Internal T.I. 2011-0424341I7 F - Amounts forwarded to trustee/beneficiary

The financial advisor of Mother settled a discretionary trust of which Mother and her friend (Y) were the trustees (with decisions to be made...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 56 - Subsection 56(2) s. 56(2) did not apply to trustee/beneficiary of discretionary trust who directed income to her children and did not exercise discretion in her own favour 218
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(13) income was received by children beneficiaries as agent for their mother 263
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(6) - Paragraph 104(6)(b) Quebec discretionary trust with two named trustees but, in fact, only one trustee, would not be entitled to s. 104(6)(b) deductions 155

23 June 2010 External T.I. 2010-0365581E5 F - Règles d'attribution de l'article 74.2

An individual disposed of capital property to a discretionary trust (whose beneficiaries were the individual and spouse and their children) in...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 74.5 - Subsection 74.5(1) - Paragraph 74.5(1)(c) s. 74.2(1) inapplicable to transfer at FMV of property to a discretionary family trust, with capital gain on property subsequently distributed to spouse of transferor 129

5 July 2012 Internal T.I. 2010-0388551I7 F - Fiducie - retour de sommes

In finding that s. 75(2) did not apply to an estate freeze effected by Father in relation to shares of Holdco in favour of a family trust (the...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 105 - Subsection 105(1) income distributed to daughter-in-law who in fact was not a beneficiary includible in her income under s. 105(1) but not deductible by trust under s. 104(6) 166
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(13) capital gain distributed by family trust to children and purportedly lent by them to their parents (also beneficiaries) was instead included in the parents’ income under s. 104(13) 419
Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(6) Foisy test of mental element accepted 238

4 March 2013 External T.I. 2011-0428661E5 - trust payments to minor

The trustees of a Quebec trust exercise their discretionary power in order to allocate an amount of income or taxable capital gain to a minor...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(24) promissory note effecting payment of distribution potentially may be delivered after year end 341

5 October 2012 APFF Roundtable, 2012-0453591C6 F - Prêt à une fiducie

The question described a situation where most of the income generated by a discretionary family trust was generated from investments made out of...

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5 October 2012 APFF Roundtable, 2012-0453891C6 F - Price Adjustment Clause

A taxpayer (the “freezor”) exchanges his common shares of a corporation for preferred shares of the same corporation, with the purchase price...

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Effective Date operation of freeze price adjustment clause depends on share actually being adjusted and can apply for s. 75(2) purposes 337

28 November 2010 CTF Roundtable, 2010-0386351C6 - 2010 CTF Q#10 - T3 Reporting and 75(2)

The correspondent asked how to report income attributed to a non-beneficiary settlor under s. 75(2). CRA stated:

Where income is allocated...

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20 October 2009 External T.I. 2009-0328441E5 F - Fiducie testamentaire

Under the terms of a deceased person's will, all property is bequeathed in equal shares to the deceased’s children. The heirs, in order to...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(8) - Paragraph 248(8)(a) unlikely to have been a distribution as a consequence of death where mooted testamentary trust formed by beneficiaries by their own agreement 302

30 September 2009 External T.I. 2009-0317641E5 F - Attribution de revenu

Participating shares of Opco were issued to a discretionary trust ("Trust") as part of an estate freeze, and Opco then paid a dividend to the...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(6) - Paragraph 104(6)(b) discretionary trust could distribute, and deduct under s. 104(6), a dividend received by it to a corporate beneficiary incorporated after the dividend’s receipt 126

23 June 2008 External T.I. 2008-0268121E5 F - 75(2) et Prêt consenti à une fiducie

An individual makes an interest-free loan to a discretionary trust of which such individual is one of the beneficiaries. The trust uses the...

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23 April 2009 External T.I. 2008-0301241E5 F - Fiducie d'invest. à participation unitaire-75(2)

Units of a unit trust (“UT”) that does not qualify as a mutual fund trust (“MFT”) are issued for monetary consideration to subscribing...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 53 - Subsection 53(2) - Paragraph 53(2)(h) - Subparagraph 53(2)(h)(i.1) CRA could extend IT-369R, para. 10 to avoid ACB reductions to unit trust units where s. 75(2) applies 301
Tax Topics - Income Tax Act - Section 248 - Subsection 248(28) doubtful that s. 248(28)(a) can be applied to preclude ACB grind 181

25 March 2009 External T.I. 2008-0300401E5 F - Fiducie en faveur de soi-même - prêt sans intérêt

Mr. X makes a non-interest bearing loan to an alter ego trust that was established for him. The terms of the loan were established independently...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(13.1) s. 104(13.1) election generally available where no s. 75(2) application, which is not engaged by the individual’s payment of trust-level taxes 357
Tax Topics - Income Tax Act - Section 56 - Subsection 56(4.1) s. 56(4.1) inapplicable to NIB loan made by individual to his alter ego trust 139
Tax Topics - General Concepts - Payment & Receipt individual pays trust taxes when he receives trust distributions net of such taxes 34

16 December 2008 External T.I. 2008-0279741E5 F - Renonciation au capital d'une fiducie

An individual transfers shares to a trust of which he is the trustee, and he, his wife and children are the capital and income beneficiary. Would...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(9) - Disclaimer legally impossible for a beneficiary of a discretionary trust to partially renounce income from a specific trust property 262
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition - Paragraph (i) non-disposition distribution of non-taxable portion of trust capital gains avoids a gain under s. 107(2.1) 375
Tax Topics - Income Tax Act - Section 54 - Proceeds of Disposition settlor’s renunciation of capital interest (but not income interest) prior to trustees’ exercise of discretion to distribute a capital gain would generate nil proceeds and not engage s. 56(2) or (4) 194
Tax Topics - Income Tax Act - Section 69 - Subsection 69(1) - Paragraph 69(1)(b) s. 69(1) does not apply to a renunciation of trust capital interest since no disposition "to" any person 44
Tax Topics - Income Tax Act - Section 56 - Subsection 56(2) s. 56(2) inapplicable to renunciation of capital interest in a trust 45
Tax Topics - Income Tax Act - Section 56 - Subsection 56(4) s. 56(4) inapplicable to disclaimer of capital interest in a trust 43

9 March 2007 External T.I. 2006-0218501E5 F - Application de 75(2) lors d'une émission d'actions

Would s. 75(2) apply to dividends on shares of a corporation that are subscribed for by a trust where the corporation subsequently could become a...

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Words and Phrases
revert

11 September 2006 STEP Roundtable Q. 4, 2006-0185571C6 - 2006 STEP Conference -Question 4

Although CRA does not apply s. 75(2) to a genuine loan of cash to the trust, this position does not extend to a loan of income-producing property...

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2 February 2006 External T.I. 2005-0127351E5 F - Fiducie révocable -Prêt authentique

Regarding the situation where a trust receives bank loans that are guaranteed by Mr. A, who along with his spouse is a trustee, CRA noted:

[A]...

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2004 Ruling 2004-006020

Ruling re attribution of income to a First Nation (which was exempt under s. 149(1)(c)) from investments transferred by it and exclusion of such...

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7 February 2003 External T.I. 2002-012676A - Attribution of NPI Royalty Income

A trust of which the settlor and family members are beneficiaries uses the settlement proceeds to buy a net profits interest in a particular oil...

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25 September 2000 External T.I. 2000-0025855 - PRIVATE FOUNDATION - NOVA SCOTIA LIMITED

A Nova Scotia company limited by guarantee would not constitute a trust for purposes of s. 75(2). Corporations incorporated under the Nova Scotia...

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13 October 1999 External T.I. 9832385 - ATTRIBUTION TO CONTRIBUTOR TO A TRUST

Where the settlor of a trust changes his common shares of a corporation into preferred shares and the trust then subscribes for common shares, s....

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6 July 1998 External T.I. 9811115 - ATTRIBUTION & GENUINE LOAN

Discussion of when a loan of money by a parent to a trust will qualify as a "genuine loan" so that s. 75(2) does not apply.

May 1998 Advance Life Underwriting Round Table, No. 9807000

Where property held by an RCA trust may revert to the employer corporation that settled the trust, e.g., where employees do not satisfy vesting...

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3 December 1997 External T.I. 9622765 - NON-RESIDENT TRUST - ATTRIBUTION

RC noted that, notwithstanding a previous memorandum, it was now its position that "in circumstances where the conditions for the application of...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - old 43

10 January 1996 External T.I. 9406865 - NON RESIDENT DISCRETIONARY TRUSTS

Unlike s. 94(1), there is no mechanism for the utilization of foreign tax credits by a person to whom income is attributed under s. 75(2).

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - old 103

21 August 1995 External T.I. 9514275 - 75(2) - ESTATE FREEZE- SUBCRIPTION OF SHARES BY A TRUST

S.75(2) would apply where under the trust agreement, decisions are made by majority vote and the affirmative vote of the settlor must be included...

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23 June 1995 External T.I. 9508185 - ATTRIBUTION OF INCOME TO A TRUST

Where contributions made by members of a union to a benefit plan (that was established by the union in accordance with a collective agreement),...

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14 June 1994 External T.I. 9405845 - TRUST PROPERTY ACQUIRED BY MORTGAGE

S.75(2) would not apply where a trust acquires a property from an arm's length vendor (who is not a trustee or beneficiary of the trust) in...

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28 April 1994 External T.I. 9411115 - ATTRIBUTION

"Where subsection 75(2) of the Act applies to attribute income to a person, that income is never income of the trust for tax purposes and...

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27 January 1994 External T.I. 9332575 F - Attribution of Income

S.75(2) will apply where the terms of the trust provide that the transferor of property to the trust (including a transfer for fair market value...

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1994 A.P.F.F. Round Table, Q. 24

"The Department considers that subsection 75(2) of the Act could apply if the deed of trust or any other contract between the trustees and a...

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1994 I.C.A.A. Round Table, Q.4

Where s. 75(2) applies to the settlor of a non-resident trust who becomes a resident of Canada, income or loss from property settled on the trust...

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19 May 1993 T.I. (Tax Window, No. 31, p. 13, ¶2528)

Where a trust indenture allows the settlor to reacquire the contributed property, s. 75(2) will apply even where the relevant provision can apply...

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13 January 1993 T.I. (Tax Window, No. 28, p. 20, ¶2380)

A loan to a trust which is a genuine loan as discussed in IT-258R2, paragraph 8 and IT-260R, paragraph 3 would not be considered to result in...

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11 August 1992, T.I. 921396 (May 1993 Access Letter, p. 197, ¶C56-226)

S.75(2) would apply if the transferor retains the power to veto distributions of property to beneficiaries or could select beneficiaries from a...

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22 July 1992, T.I. 920736 (March 1993 Access Letter, p. 71, ¶C56-219)

Where unanimity was required in respect of any decision by the two trustees of a trust and the settlor was a trustee, s. 75(2)(b) would...

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1992 A.P.F.F. Annual Conference, Q. 19 (January - February 1993 Access Letter, p. 57)

S.75(2) will apply to a taxpayer who establishes a usufruct for another person with respect to property of which the taxpayer is the naked owner.

19 June 1992 T.I. 9218450 (January - February 1993 Access Letter, p. 20, ¶C56-212)

S.75(2) can apply by virtue of a right of the contributor of property to reacquire that property at fair market value.

16 June 1992 External T.I. 5-920008

S.75(2) will apply where the settlor is able to select additional beneficiaries or delete beneficiaries after the creation of the trust.

27 February 1992 T.I. (Tax Window, No. 17, p. 8, ¶1766)

S.75(2) will apply where the settlor, in his capacity of sole trustee, has the discretion as to whom the trust property will be distributed on a...

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91 C.R. - Q.8

A genuine loan to a trust, or the unpaid purchase price for a property on an unconditional bona fide sale, will not by itself be considered to...

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90 C.R. - Q23

Where a law firm receives funds from its clients to be held in trust pending the application of the funds for disbursements or against fees for...

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16 November 89 T.I. (April 90 Access Letter, ¶1175)

Father settles an irrevocable trust of which he is the sole trustee and whose terms are totally discretionary as to income and capital payments,...

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88 C.R. - Q.32

Because a bare trust is reversionary and revocable, all income, losses, capital gains and capital losses will be attributed to the transferor.

88 C.R. - Q.48

Capital gains attributed to the transferor by virtue of s. 75(2) are not eligible for the capital gains exemption.

86 C.R. - Q.46

A reversion requires a transfer of property, and the making or repayment of a loan does not constitute a transfer of property.

84 C.R. - Q.30

S.75(2)(b) may apply where the trustee may amend the dispositions of the trust deed with the approval of the settlor.

IT-369R "Attribution of Trust Income to Settlor"

1. ...A genuine loan to a trust would not...by itself result in the application of subsection 75(2)..., if the loan is outside and independent of...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(28) 24

Articles

Elie Roth, Tim Youdan, Chris Anderson, Kim Brown, "Classification of Trusts for Income Tax Purposes", Chapter 2 of Canadian Taxation of Trusts (Canadian Tax Foundation), 2016.

Waiver by spouse of entitlement to income under spousal trust (p. 92)

The terms of a spousal or common-law partner trust may include a provision...

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Carmen Thériault, "Alter Ego and Joint Partner Trust", 21 Estates, Trusts & Pensions Journal, p. 345.

Darling, "Bare Trusts", 1989 Corporate Management Tax Conference, c. 8.

Saunders, "Inter Vivos Discretionary Family Trust: A Potpourri of Issues and Traps", 1993 Conference Report, pp. 37:6-14.

Subsection 75(3) - Exceptions

Cases

Labow v. Canada, 2012 DTC 5001 [at 6501], 2011 FCA 305

The taxpayer, who employed both his wife and two part-time employees in his medical practice, deducted $150,000 and $247,691 for contributions he...

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