Bifalgorithm post · Fuscalite · CRA expands its FAQ webpage on bare trust reporting
Trust Exceptions
Trust Exceptions (Fuscalite · CRA expands its FAQ webpage on bare trust reporting) — "CRA has updated its FAQ entitled \"Enhanced Reporting Rules for Trusts an…
Ideas in this flowchart
- CRA updated its FAQ entitled “Enhanced Reporting Rules for Trusts and Bare Trusts.”
- The updates add examples concerning exceptions to deemed trust status under s. 150(1.31).
- The examples address four exceptions set out in s. 150(1.31)(a)–(d).
- Section 150(1.31)(a) applies where all legal owners hold property for their own use and benefit and for that of the other legal owners.
- CRA’s example is a joint investment account held by two spouses, invested in GICs and TSX-listed stocks, with both spouses also being beneficial owners.
- Section 150(1.31)(b) applies where a parent is on title to allow a child to obtain a mortgage.
- CRA’s example is a couple acquiring legal and beneficial ownership of a home while the mother or mother-in-law is also on title.
- Section 150(1.31)(c) applies where spouses jointly occupy a family home but only one spouse is on title.
- CRA provides a detailed example involving spouses who jointly occupy a family home with only one spouse on title.
- Section 150(1.31)(d) applies where a partner holds property for the use or benefit of the partnership.
- CRA provides no further discussion of whether this exemption applies when partners rely on published administrative guidance exempting them from filing T5013 returns without receiving a specific waiver.