Section 94

Table of Contents

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Administrative Policy

23 February 1998 External T.I. 9629675 - TWENTY -ONE YEAR RULE AND 94(1)

The deemed disposition role in s. 104(4) applies to a trust that is deemed to be resident in Canada only by virtue of s. 94(1)(c)(ii) and whose...

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

Specific rules set forth in s. 94(1) would generally take precedence over the general provisions of s. 75(2).

A non-resident discretionary trust...

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19 June 1992 Memorandum (Tax Window, No. 23, p. 10, ¶2145)

S.94(1)(d) applies to unit trusts established in Hong Kong as part of an estate plan under which a Canadian resident may acquire units on the...

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June 1992 Hong Kong Seminar, Q. B.9 (May 1993 Access Letter, p. 226)

Where the trustee of a unit trust has the discretion as to when the amounts of income or capital are to be distributed to any particular...

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15 January 1991 T.I. (Tax Window, Prelim. No. 3, p. 30, ¶1092)

Where the terms of the trust fixed the proportionate entitlements of the beneficiaries, discretion of the trustees as to the amount and timing of...

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Cases

St. Michael Trust Corp. v. Canada, 2010 DTC 5189 [at 7361], 2010 FCA 309, aff'd sub nom Fundy Settlement v. Canada, 2012 DTC 5063 [at 6881], 2012 SCC 14

The two Canadian-resident principals of a Canadian-resident corporation ("PMPL"), who held shares of PMPL directly or through a Canadian holding...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) accessing Treaty residence not abusive 120
Tax Topics - Treaties - Income Tax Conventions - Article 4 86

new

(f)

(g)

Subsection 94(1)

Arm's Length Transfer

Administrative Policy

15 June 2021 STEP Roundtable Q. 2, 2021-0882201C6 - Definition of Arm's Length Transfer

Father, a resident Canadian, makes a loan on arm’s length terms to a factually non-resident trust (the “Trust”) six months after the...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(1) - Contribution loan on arm's length terms by resident father to NR trust for his resident children caused the trust to be a s. 94(3)(a) trust 229

16 February 2012 External T.I. 2011-0430841E5 - U.S. Grantor Trusts

CRA declined to comment on what amount of dividends paid by a closely-held corporation would satisfy (b)(i) of the arm's length transfer...

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Connected Contributor

Administrative Policy

20 August 2015 External T.I. 2015-0581681E5 F - Non-resident trust rules

A Liechtenstein foundation, which is not resident in Canada, was created in XX and its founders never resided in Canada. Until his death in XX,...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Corporation Liechtenstein Foundation a trust 34

4 January 2013 External T.I. 2012-0448681E5 - s. 116 req. of NR-estates per draft NRT legis.

Respecting an estate with American resident executors, Canadian resident beneficiaries and a testator who was an American (or, alternatively a...

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Contribution

Administrative Policy

15 June 2021 STEP Roundtable Q. 2, 2021-0882201C6 - Definition of Arm's Length Transfer

Father, a resident Canadian, makes a loan on arm’s length terms to a factually non-resident trust for the benefit of his resident children. ...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(1) - Arm's Length Transfer a loan made, on arm’s length terms to a trust, that is motivated partly by who the beneficiaries are, is not an arm’s length transfer 236

Exempt Foreign Trust

Paragraph (d)

Administrative Policy

14 June 2016 External T.I. 2016-0647951E5 - Exempt Foreign Trust

What is the meaning of “created exclusively for charitable purposes” in (d)(ii) of the definition of “exempt foreign trust” in s. 94(1)? ...

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Paragraph (f)

Articles

Peter Megoudis, "The Canadian Non-resident Trust Rules and Global Employee Benefit Plan Trusts", Taxation of Executive Compensation and Retirement (Federated Press), Vol. 24, No. 3, October 2012, p. 1583.

Relating awards to non-qualifying services (pp.1587-1588)

The inquiry is thus to determine whether any benefits to be provided by the trust...

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Paragraph (g)

Articles

Peter Megoudis, "The Canadian Non-resident Trust Rules and Global Employee Benefit Plan Trusts", Taxation of Executive Compensation and Retirement (Federated Press), Vol. 24, No. 3, October 2012, p. 1583.

Predominantly single country requirement (p.1586)

Paragraph (g) of the definition of "exempt foreign trust" in subsection 94(1) of the Act...

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Paragraph (h)

Administrative Policy

2007 Ruling 2006-0217281R3 - Qualification as "exempt foreign trust"

Trustco (a non-resident trust company) receives contributions from investors (as settlors of respective grantor trusts (each, a “Grantor...

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10 October 2008 Roundtable, 2008-0285471C6 F - Fiducie étrangère exempte - fiducie admissible

Where the trustee of an investment trust has discretion as to the timing of distributions of income or capital, but not as to their allocation...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(1) - Fixed Interest discretion as to payment timing is acceptable – but discretion in choice of record dates could affect beneficiaries’ respective shares 225

Subparagraph (h)(ii)

Clause (h)(ii)(C)

Articles

Tina Korovilas, Drew Morier, "Non-Corporate Vehicles in the Foreign Affiliate Context", 2018 Conference Report (Canadian Tax Foundation), 20:1 – 114

Difficult application of (h) exception to security trust (pp. 20:90-92)

The following is an example of a transfer of property by an FA to an NRT,...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 96 122
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(1) 111
Tax Topics - General Concepts - Ownership 245
Tax Topics - Income Tax Regulations - Regulation 5907 - Subsection 5907(11.2) - Paragraph 5907(11.2)(b) 181
Tax Topics - Income Tax Act - Section 90 - Subsection 90(1) 99
Tax Topics - Income Tax Act - Section 93.1 - Subsection 93.1(2) - Paragraph 93.1(2)(a) 120
Tax Topics - Income Tax Act - Section 93.1 - Subsection 93.1(2) - Paragraph 93.1(2)(d) - Subparagraph 93.1(2)(d)(i) 80
Tax Topics - Income Tax Regulations - Regulation 5901 - Subsection 5901(2) - Paragraph 5901(2)(b) 91
Tax Topics - Income Tax Act - Section 93 - Subsection 93(1.3) 168
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Excluded Property - Paragraph (e) 155
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Excluded Property - Paragraph (a) 368
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Excluded Property - Paragraph (c) 290
Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph 95(2)(y) 64
Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph. 95(2)(z) 332
Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph 95(2)(a) - Subparagraph 95(2)(a)(ii) - Clause 95(2)(a)(ii)(B) - Subclause 95(2)(a)(ii)(B)(II) 169
Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph 95(2)(a) - Subparagraph 95(2)(a)(ii) - Clause 95(2)(a)(ii)(D) 688

Fixed Interest

Administrative Policy

10 October 2008 Roundtable, 2008-0285471C6 F - Fiducie étrangère exempte - fiducie admissible

Where the trustee of an investment trust has discretion as to the timing of distributions of income or capital without any discretion as to the...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(1) - Exempt Foreign Trust - Paragraph (h) discretion as to timing of payments that does not affect the beneficiaries respective shares of income and capital is acceptable 118

Non-Resident Time

Administrative Policy

26 July 2018 Internal T.I. 2018-0768281I7 - Section 94 and pre-June 23, 2000 contributions

Mr. X, who had previously ceased to be resident in Canada upon emigrating, transferred property to Trust B and Trust A, which were factually...

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Resident Contributor

Administrative Policy

16 June 2014 STEP Roundtable Q. 11, 2014-0529831C6 - STEP - Q 11- Immigration trust exemption

A new immigrant to Canada, who previously had, many years ago established a foreign trust, becomes resident on August 1, 2015. The foreign trust...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(3) - Paragraph 94(3)(a) immigration trust becomes resident effective January 1 of immigration year 171

16 June 2014 STEP Roundtable, 2014-0529821C6 - Cancellation of Immigrant Trust

An individual, who was never previously Canadian resident, became resident on August 1, 2009 and remained a Canadian resident thereafter so that...

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4 January 2013 External T.I. 2012-0448681E5 - s. 116 req. of NR-estates per draft NRT legis.

Respecting an estate with American resident executors, Canadian resident beneficiaries and a testator who was an American (or, alternatively a...

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20 October 2009 External T.I. 2009-0327911E5 F - Fiducie non-résidente Contribuant résidant

Mr. A, who was previously non-resident, became a resident of Canada on August 1, 2005, but on October 1, 2007, left Canada. However, since his...

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12 September 2007 External T.I. 2006-0211121E5 F - Fiducie non-résidente

When must the dual condition of being resident in Canada and being a contributor be satisfied for a trust to be deemed resident in Canada for a...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 233.3 - Subsection 233.3(1) - Specified Foreign Property generally no reporting obligations on T1135 where interest in non-resident trust acquired for not consideration 241

Resident Portion

Articles

Peter Megoudis, "The Canadian Non-resident Trust Rules and Global Employee Benefit Plan Trusts", Taxation of Executive Compensation and Retirement (Federated Press), Vol. 24, No. 3, October 2012, p. 1583.

Mobile employees/deficits and surpluses (p. 1589)

In many cases, however, mobile employees are providing services for the benefit of different...

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Subsection 94(2) - Rules of application

Paragraph 94(2)(a)

Administrative Policy

28 May 2019 Internal T.I. 2018-0772971I7 - Interaction between sections 94, 17, 247

The beneficiaries of CdnTrust, a trust resident in Canada that wholly-owns Canco, and of NRTrust, a factually non-resident trust that wholly-owns...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(2) - Paragraph 94(2)(f) failure to charge for services rendered by a Canco to a NR sub of a NR trust tainted the NR trust under s. 94(2) 258
Tax Topics - Income Tax Act - Section 17 - Subsection 17(1) triggering of s. 94(2)(a) by interest-free loan to the sub of a non-resident trust was independent of the application of s. 17 to the loan 262
Tax Topics - Income Tax Act - Section 247 - New - Subsection 247(2) any subsequent adjustment under s. 247(2) would not affect the application of s. 94(2)(a) to an NIB loan by Canco to a NR Trust sub 331

Paragraph 94(2)(f)

Administrative Policy

28 May 2019 Internal T.I. 2018-0772971I7 - Interaction between sections 94, 17, 247

The beneficiaries of CdnTrust, a trust resident in Canada that wholly-owns Canco, and of NRTrust, a factually non-resident trust that wholly-owns...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(2) - Paragraph 94(2)(a) NIB loan by a Canco to a NR sub of a NR trust tainted the NR trust under s. 94(2) 222
Tax Topics - Income Tax Act - Section 17 - Subsection 17(1) triggering of s. 94(2)(a) by interest-free loan to the sub of a non-resident trust was independent of the application of s. 17 to the loan 262
Tax Topics - Income Tax Act - Section 247 - New - Subsection 247(2) any subsequent adjustment under s. 247(2) would not affect the application of s. 94(2)(a) to an NIB loan by Canco to a NR Trust sub 331

Paragraph 94(2)(g)

Administrative Policy

16 June 2014 STEP Roundtable Q. 12, 2014-0523071C6 - STEP Q12 - Non-resident trust

The Will of the resident deceased establishes a trust for the benefit of his U.S.- resident child and her non-resident issue. Although the Will is...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(2) - Paragraph 94(2)(n) resident estate as deemed contributor to non-resident trust 198

26 June 2014 External T.I. 2013-0514771E5 - Residence of a trust

A Canadian resident leaves an unconditional bequest to a trust (the "Trust") with a non-resident settlor, trustee and beneficiary (the deceased's...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(2) - Paragraph 94(2)(n) Canadian residence of estate taints non-resident trust beneficiary 244
Tax Topics - Income Tax Act - Section 94 - Subsection 94(3) deceased individual is not a "resident" contributor 80

16 June 2014 STEP Roundtable Q. 12

The Will of the resident deceased establishes a trust for the benefit of his U.S.- resident child and her non-resident issue. The Will is...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(2) - Paragraph 94(2)(n) resident estate as deemed contributor to non-resident trust established under Will 190

Paragraph 94(2)(k.1)

Articles

Michael N. Kandev, Matias Milet, "Foreign Trusts", 2017 Annual CTF Conference draft paper

Potential application where foreign company funds a foreign trust to buy shares of foreign parent before their transfer to Canadian employees (p....

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Peter Megoudis, "The Canadian Non-resident Trust Rules and Global Employee Benefit Plan Trusts", Taxation of Executive Compensation and Retirement (Federated Press), Vol. 24, No. 3, October 2012, p. 1583.

Indirect provision of benefits for employment services provided to Canadian employees (p.1585)

As discussed, the NRT rules only apply if there is...

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Paragraph 94(2)(n)

Administrative Policy

16 June 2014 STEP Roundtable Q. 12, 2014-0523071C6 - STEP Q12 - Non-resident trust

The Will of the resident deceased establishes a trust for the benefit of his U.S.- resident child and her non-resident issue. Although the Will is...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(2) - Paragraph 94(2)(g) resident estate as deemed contributor to non-resident trust 129

26 June 2014 External T.I. 2013-0514771E5 - Residence of a trust

A Canadian resident leaves an unconditional bequest to a trust (the "Trust") with a non-resident settlor, trustee and beneficiary (the deceased's...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(2) - Paragraph 94(2)(g) Canadian residence of estate taints non-resident trust beneficiary 149
Tax Topics - Income Tax Act - Section 94 - Subsection 94(3) deceased individual is not a "resident" contributor 80

16 June 2014 STEP Roundtable Q. 12

The Will of the resident deceased establishes a trust for the benefit of his U.S.- resident child and her non-resident issue. The Will is...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(2) - Paragraph 94(2)(g) resident estate as deemed contributor to non-resident trust established under Will 190

Paragraph 94(2)(t)

Administrative Policy

7 June 2019 STEP Roundtable Q. 1, 2019-0798621C6 - NRT ceasing to be deemed resident

If a non-resident trust is "tainted" as a resident trust under s. 94(2)(g) by being issued shares by a resident corporation, it potentially can...

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17 January 2019 Internal T.I. 2018-0781041I7 - Non-resident trust ceasing to be deemed resident

In 2010, Trust A, a factual non-resident trust was deemed a resident by s. 94(2)(g) because Corp X, a Canadian resident corporation, issued 100...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(5) change of residency occurs with s. 94(2)(t) sale 183

24 February 2014 External T.I. 2013-0509111E5 - NRT ceasing to be a Deemed Resident

In 2010, Trust A, a factual non-resident trust was deemed a resident by s. 94(2)(g) because Corp X, a Canadian resident corporation, issued 100...

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Subsection 94(3) - Liabilities of non-resident trusts and others

Administrative Policy

26 June 2014 External T.I. 2013-0514771E5 - Residence of a trust

A Canadian resident leaves an unconditional bequest to a trust (the "Trust") with a non-resident settlor, trustee and beneficiary (the deceased's...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(2) - Paragraph 94(2)(g) Canadian residence of estate taints non-resident trust beneficiary 149
Tax Topics - Income Tax Act - Section 94 - Subsection 94(2) - Paragraph 94(2)(n) Canadian residence of estate taints non-resident trust beneficiary 244

11 October 2013 APFF Roundtable Q. 3, 2013-049281 F

Question 3a - Factual dual residency

How will CRA apply the tiebreaker rules in the Canada-US Convention in the case of dual...

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4 January 2013 External T.I. 2012-0448681E5 - s. 116 req. of NR-estates per draft NRT legis.

CRA, when asked whether a s. 116 certificate was required when an estate with American resident executors disposed of taxable Canadian property to...

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Articles

Peter Megoudis, "The Canadian Non-resident Trust Rules and Global Employee Benefit Plan Trusts", Taxation of Executive Compensation and Retirement (Federated Press), Vol. 24, No. 3, October 2012, p. 1583.

Distinguishing trust from agency (p.1584)

The NRT rules only apply to non-resident trusts. They thus presumably do not apply to other...

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Paragraph 94(3)(a)

Administrative Policy

29 May 2018 STEP Roundtable Q. 14, 2018-0744091C6 - NRT filing obligations

(a) January 1 effective date of deemed residency

A person who had contributed property to a non-resident trust becomes resident upon immigrating...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(10) a non-resident trust can be retroactively (going back 5 years) deemed to have been resident in Canada if a non-resident contributor immigrates 387

9 February 2017 External T.I. 2016-0657531E5 - Deemed resident trust and "designated beneficiary"

A non-resident trust, which is deemed to be resident for various purposes under s. 94(3)(a), is nonetheless considered to be a “non-resident...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 210 - Designated Beneficiary - Paragraph (a) s.94(3) trust can cause a trust of which it is beneficiary to be subject to Part XII.2 tax 120

10 June 2016 STEP Roundtable Q. 7, 2016-0634911C6 - Deemed Resident Trust and CCPC Status

The fact that a trust which is factually non-resident is deemed to be resident in Canada for the purposes specifically listed in s. 94(3)(a) will...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 125 - Subsection 125(7) - Canadian-Controlled Private Corporation control by a s. 94 trust does not produce CCPC status 90

18 June 2015 STEP Roundtable Q. 7a, 2015-0572141C6 - 2015 STEP– Q7-Deemed Res Trust-subsection 94(10)

///?p=37586#Q7b">19 June 2015 STEP Roundtable, oral Q.7(a)): Will an individual who becomes resident in Canada for the first time, and who has...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(10) retroactive application of s. 94(3)(a) to immigration trust to beginning of year 530

19 September 2015 STEP Roundtable, Q.7(b)

An individual who becomes resident in Canada for the first time, and who has previously contributed property to a non-resident trust, will be...

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16 June 2014 STEP Roundtable Q. 11, 2014-0529831C6 - STEP - Q 11- Immigration trust exemption

A new immigrant to Canada, who previously had, many years ago established a foreign trust, becomes resident on August 1, 2015. The foreign trust...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(1) - Resident Contributor immigration trust becomes resident effective January 1 of immigration year 171

26 November 2013 External T.I. 2013-0508931E5 - Form T1134

The "return" referred to in subsection 233.4(4) of the Act (i.e., Form T1134) and subsection 233.3(3) of the Act (i.e., Form T1135) is not a...

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12 February 2013 Internal T.I. 2012-0437211I7 F - NRT rules and subsection 164(6)

The estate of an individual, who was resident in Canada for more than 60 months, was non-resident on general principles, as the executor was a US...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 164 - Subsection 164(6) s. 94 deemed resident trust could carry back under s. 164(6) re capital loss on non-TCP shares 318
Tax Topics - Income Tax Act - Section 54 - Personal-Use Property personal residence of deceased potentially would not be personal-use property to estate 112

Subparagraph 94(3)(a)(vi)

Administrative Policy

13 July 2016 External T.I. 2015-0608671E5 - Foreign Reporting Requirement under 233.4

If a U.S.-resident trust resident to which s. 94 applies is a member of a U.S. partnership holding a U.S.-resident corporation, who is required to...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 233.4 - Subsection 233.4(1) - Paragraph 233.4(1)(c) deemed resident s. 94 NRT member of U.S. LP is not resident in determining whether the LP is a reporting entity 204

Subparagraph 94(3)(a)(viii)

Administrative Policy

25 February 2015 External T.I. 2014-0517511E5 - Withholding tax and deemed resident trust

A discretionary family trust (the "Trust") with Canadian resident beneficiaries is deemed to be non-resident in Canada by s. 94(3)(a). If it...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(3) - Paragraph 94(3)(g) Part XIII withholding on capital or taxable dividend then distributed by trust to resident beneficiaries can be recovered 277

Paragraph 94(3)(b)

Administrative Policy

28 May 2013 Internal T.I. 2013-0476381I7 - Deemed Resident Trusts & Foreign Tax Credit

A trust was settled in the U.S. with marketable securities having an adjusted cost base and fair market value of $100,000. The settlor moved to...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 126 - Subsection 126(1) no pro-ration of FTC by s. 94 trust where Canadian gain was smaller than US gain 295
Tax Topics - Income Tax Act - Section 20 - Subsection 20(12) no s. 20(12) deduction available where only a capital gain 154

Paaragraph 94(3)(c)

Administrative Policy

1 May 2017 Internal T.I. 2015-0624511I7 - 248(1)(e)(ii) of the definition of TCP

A non-resident trust (the “Trust”) took the position that its shares of various private non-resident corporations (“NRCos”) were not...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Taxable Canadian Property - Paragraph (d) upstream and downstream loans within a wholly-owned corporate group generally are to be treated differently/gross asset and proportionate value approach used 566

Paragraph 94(3)(f)

Administrative Policy

27 June 2016 External T.I. 2014-0532601E5 - Paragraph 94(3)(f) electing trust and form T1135

In confirming that neither the non-resident portion trust nor the particular trust is required to file form T1135 under s. 233.3 where a deemed...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 233.3 - Subsection 233.3(1) - Specified Canadian Entity non-resident portion trust not a specified Canadian entity 137

Paragraph 94(3)(g)

Administrative Policy

25 February 2015 External T.I. 2014-0517511E5 - Withholding tax and deemed resident trust

A discretionary family trust (the "Trust") with Canadian resident beneficiaries is deemed to be non-resident in Canada by s. 94(3)(a). If it...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(3) - Paragraph 94(3)(a) - Subparagraph 94(3)(a)(viii) recovering Part XIII tax on a capital dividend 126

25 July 2014 Internal T.I. 2013-0513641I7 - Deemed resident trust under subsection 94(3)

The Estate of a Canadian resident, with two of his children as (apparently non-resident) beneficiaries, was not resident in Canada by virtue of...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(7.01) meaning of "maximum amount...deductible" 168
Tax Topics - Income Tax Act - Section 120 - Subsection 120(1) addition for s. 94 deemed trust 154

Subsection 94(5)

Administrative Policy

17 January 2019 Internal T.I. 2018-0781041I7 - Non-resident trust ceasing to be deemed resident

If a non-resident trust is "tainted" as a resident trust under s. 94(2)(g) by being issued shares by a resident corporation, it potentially can...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(2) - Paragraph 94(2)(t) s. 94(2)(t) sale of Canadian shares effects an immediate change in trust residency 254

Articles

Robert E. Ward, "Twenty-One Years Is Not Enough: Avoiding Canada's 21-Year Rule with Trusts for U.S. Beneficiaries", Tax Management International Journal, 2017, p. 710

Use in U.S. of generation-skipping dynasty trusts (p. 711)

U.S. citizens and non-citizens who are domiciled in the United States ("U.S. persons")...

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Subsection 94(8.2)

Articles

Elie Roth, Tim Youdan, Chris Anderson, Kim Brown, "Taxation of Beneficiaries Resident in Canada", Chapter 4 of Canadian Taxation of Trusts (Canadian Tax Foundation), 2016.

Effect of ss. 94(8.1) and (8.2)

By deeming the relevant transfers and loans not to be arm's-length transfers (as otherwise defined in subsection...

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Subsection 94(10) - Contributor — resident in Canada within 60 months after contribution

Administrative Policy

29 May 2018 STEP Roundtable Q. 14, 2018-0744091C6 - NRT filing obligations

A non-resident trust has resident beneficiaries (who are not successor beneficiaries as defined in s. 94(1)) and its contributor had made a...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(3) - Paragraph 94(3)(a) effective date of deemed residency where NR contributor immigrates 423

18 June 2015 STEP Roundtable Q. 7b, 2015-0572141C6 - 2015 STEP– Q7-Deemed Res Trust-subsection 94(10)

///?p=37586#Q7b">19 June 2015 STEP Roundtable, oral Q.7(b)

Assume in January 2005, Mr. X became a non-resident of Canada, in July 2010, he made a...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(3) - Paragraph 94(3)(a) retroactive application of s. 94(3)(a) to immigration trust to beginning of year 131

21 May 2008 External T.I. 2007-0259271E5 F - Fiducie non-résidente - contribuant immigrant

For the purposes of the definitions of resident contributor and connected contributor, a period of residence in Canada that occurs before a period...

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Subsection 94(16)

Administrative Policy

13 June 2017 STEP Roundtable Q. 4, 2017-0695141C6 - U.S. grantor trust

Mr. C, who is a Canadian resident and U.S. citizen, settled a revocable living trust for him and his family which, as a “grantor trust”, is...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 126 - Subsection 126(1) dual-resident individual who is subject to direct U.S. tax on income from a s. 94(3) trust can generate a FTC if the trust income is annually distributed or he elects under s. 94(16) 503
Tax Topics - Income Tax Act - 101-110 - Section 108 - Subsection 108(5) - Paragraph 108(5)(a) income from factually U.S.-resident but s. 94(3) trust was U.S.-sourced 114