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New – Bare Trust Filing Exemption

In a move to streamline the tax reporting process, the Canada Revenue Agency (CRA) has announced an exemption for bare trusts from the new trust reporting requirements for the 2023 tax year. This decision comes as a relief to many, as it recognizes the complexities and unintended consequences that these new requirements posed for Canadian taxpayers.

The exemption means that bare trusts will not be obligated to file a T3 Income Tax and Information Return, including Schedule 15, which pertains to Beneficial Ownership Information of a Trust, for the 2023 tax year. This is unless there is a direct request from the CRA for such information.

The CRA, in collaboration with the Department of Finance, is set to refine the guidance on this filing requirement. This collaborative effort aims to provide clearer instructions and better support for taxpayers navigating the trust reporting process. As further details are ironed out, the CRA has committed to keeping Canadians informed and updated.

Understanding whether an arrangement qualifies as a bare trust can be complex, hinging on the specifics of each situation and the governing law. Taxpayers uncertain about the classification of their arrangements are advised to seek legal counsel to ensure compliance and proper filing.

The new trust reporting requirements, which affect trusts with taxation years ending after December 30, 2023, mandate the filing of a T3 return and Schedule 15. The deadline for most trusts to comply is March 30, 2024. However, given that this date falls on a weekend, the CRA has provided an extension until the next business day, April 2, 2024.

This exemption for bare trusts underscores the CRA’s commitment to a fair and efficient tax system, balancing the need for compliance with the practical realities faced by taxpayers. For more detailed information, taxpayers can refer to the frequently asked questions provided by the CRA on the new reporting requirements for trusts.