Section 94

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Administrative Policy

23 February 1998 T.I. 962967

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3 December 1997 T.I. 962276

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 75 - Subsection 75(2) 41

10 January 1996 External T.I. 5-940686 -

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 75 - Subsection 75(2) 23

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

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

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

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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

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) accessing Treaty residence not abusive 112
Tax Topics - Treaties - Income Tax Conventions - Article 4 82

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(f)

(g)

Subsection 94(1)

Arm's Length Transfer

Administrative Policy

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

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Connected Contributor

Administrative Policy

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

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Corporation Liechtenstein Foundation a trust 28

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

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Exempt foreign trust

Paragraph (d)

Administrative Policy

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

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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.

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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.

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Non-Resident Time

Administrative Policy

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

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Resident Contributor

Administrative Policy

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

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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 163

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

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

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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.

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Subsection 94(2) - Rules of application

Paragraph 94(2)(g)

Administrative Policy

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

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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 190

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

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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 236
Tax Topics - Income Tax Act - Section 94 - Subsection 94(3) deceased individual is not a "resident" contributor 74

16 June 2014 STEP Roundtable Q. 12

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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

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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.

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Paragraph 94(2)(n)

Administrative Policy

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

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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 123

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

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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 143
Tax Topics - Income Tax Act - Section 94 - Subsection 94(3) deceased individual is not a "resident" contributor 74

16 June 2014 STEP Roundtable Q. 12

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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

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

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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

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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 143
Tax Topics - Income Tax Act - Section 94 - Subsection 94(2) - Paragraph 94(2)(n) Canadian residence of estate taints non-resident trust beneficiary 236

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

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

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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.

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Paragraph 94(3)(a)

Administrative Policy

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

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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 373

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

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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 114

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

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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 86

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

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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 507

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

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

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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 163

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

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

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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 306
Tax Topics - Income Tax Act - Section 54 - Personal-Use Property personal residence of deceased potentially would not be personal-use property to estate 108

Subparagraph 94(3)(a)(vi)

Administrative Policy

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

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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 198

Subparagraph 94(3)(a)(viii)

Administrative Policy

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

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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 257

Paragraph 94(3)(b)

Administrative Policy

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

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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 283
Tax Topics - Income Tax Act - Section 20 - Subsection 20(12) no s. 20(12) deduction available where only a capital gain 148

Paaragraph 94(3)(c)

Administrative Policy

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

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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 552

Paragraph 94(3)(f)

Administrative Policy

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

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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 131

Paragraph 94(3)(g)

Administrative Policy

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

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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 112

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

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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" 162
Tax Topics - Income Tax Act - Section 120 - Subsection 120(1) addition for s. 94 deemed trust 146

Subsection 94(5)

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

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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.

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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

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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 401

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

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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 122

Subsection 94(16)

Administrative Policy

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

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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) 493
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 112