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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…

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  • 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.
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Trust Exceptions

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"CRA has updated its FAQ entitled \"Enhanced Reporting Rules for Trusts and Bare Trusts.\"\n\nThe updates include examples regarding the exceptions to deemed trust status set out in s. 150(1.31). In this regard, CRA notes that:\n\nS. 150(1.31)(a) “provides an exception where all legal owners hold property both for their own use and benefit and for that of the other legal owners. For example, a joint bank account held by family members for the use and benefit of each of them” – and CRA goes on to provide a more detailed example of two spouses who hold a joint investment account, invested in GICs and TSX-listed stocks, for which they are both also the beneficial owners.\n\nS. 150(1.31)(b) “provides an exception for circumstances such as where a parent is on title [to a principal residence] to allow a child to obtain a mortgage” – and CRA goes on to provide a more detailed example of a couple acquiring the legal and beneficial ownership of a home but their mother/mother-in-law also being on title.\n\nS. 150(1.31)(c) “provides an exception for circumstances where spouses jointly occupy a family home, but only one spouse is on title” – and CRA goes on to provide a more detailed example to this effect.\n\nS. 150(1.31)(d) “provides an exception for circumstances where a partner holds property for the use or benefit of the partnership” – with no further CRA discussion, e.g., whether this exemption is available where the partners have relied on the published administrative guidance exempting them from filing T5013 returns, but without receiving a specific waiver."

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