Bifalgorithm post · Un actionnaire vend un immeuble à sa société · CRA expands its FAQ webpage on bare trust reporting
Trust Exceptions
Trust Exceptions (Un actionnaire vend un immeuble à sa société · CRA expands its FAQ webpage on bare trust reporting) — "CRA has updated its FAQ entitled \"Enh…
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- CRA updated its FAQ entitled "Enhanced Reporting Rules for Trusts and Bare Trusts."
- The updates provide examples of exceptions to deemed trust status under s. 150(1.31).
- The FAQ was updated on 5 October 2026 and includes s. 150(1.2) and s. 150(1.31)(a)–(d).
- Section 150(1.31)(a) excepts property where all legal owners hold it for their own use and benefit and that of the other legal owners.
- An example is a joint bank account held by family members for the use and benefit of each of them.
- CRA provides a detailed example of spouses who jointly hold an investment account containing GICs and TSX-listed stocks and are both beneficial owners.
- Section 150(1.31)(b) excepts circumstances where a parent is on title to a principal residence to allow a child to obtain a mortgage.
- CRA gives the example of 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) excepts circumstances 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) excepts circumstances where a partner holds property for the use or benefit of the partnership.
- CRA provides no further discussion of whether this exception applies when partners rely on published administrative guidance exempting them from filing T5013 returns without a specific waiver.
- Neal Armstrong summarized CRA's webpage, "Enhanced reporting rules for trusts and bare trusts: Frequently asked questions."