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Proposed New Tax Reporting Requirements for Bare Trusts in Canada

Proposed New Tax Reporting Requirements for Bare Trusts in Canada

In a recent move towards enhancing transparency and strengthening tax compliance, the Government of Canada has proposed significant amendments to the Income Tax Act (ITA). Central to these proposed changes are new tax reporting requirements for certain trusts, specifically bare trusts.

Understanding Bare Trusts

To appreciate these changes, one must first understand what a bare trust is. A bare trust, also known as a simple or naked trust, is a legal arrangement where a trustee holds the legal title of the trust property but exercises no control over it. The beneficiary of a bare trust possesses both the beneficial interest and the decision-making power over the trust property.

Current Reporting Requirements

Currently, many trusts, including family trusts, are required to file a T3 Trust Income Tax and Information Return if they have tax payable, or if they distribute any income or capital to their beneficiaries. However, bare trusts have largely been exempt from these reporting requirements due to their simplicity and the trustee’s lack of control over the trust assets.

Proposed Changes

The proposed amendments plan to alter this scenario. If enacted, the new requirements will mandate that bare trusts involved in certain transactions disclose extensive information. This includes details such as the trust’s beneficial owners, trustees, and the trust’s activities. These proposed changes align with the government’s goal to improve the transparency of ownership structures and to mitigate tax evasion, money laundering, and other financial crimes.

The proposed reporting requirements specifically apply to bare trusts involved in transactions related to real property or business assets. It is crucial for parties involved with bare trusts, such as legal and financial advisors, to be aware of these proposed changes as they could impact various business structures and transactions.

Implications

The proposed changes hold several implications. For one, they place a new administrative burden on trustees of bare trusts to collect and report information. In cases where the trustee is a professional service provider, this could mean increased costs that may be passed on to the beneficiary.

Moreover, the proposed changes also signify a more significant shift in Canada’s approach to tax compliance and transparency. By increasing the disclosure requirements for bare trusts, the government aims to close perceived loopholes that may be exploited for tax evasion or other financial crimes.

While these proposed changes are not yet law, they indicate the potential direction of trust reporting requirements in Canada. Therefore, individuals and businesses involved in bare trusts should keep abreast of these developments and consult with tax and legal professionals to understand how these changes may impact their financial and business interests.

Please note, this article provides general information and should not be construed as legal advice. For legal advice specific to your situation, please schedule your appointment with Northam Law here: https://northam-law.com/contact/

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Melissa has 8+ years of combined Commercial, Business and Contract Law experience as In-House Counsel in manufacturing, health, real estate development, and broadcast communication industries. She is instrumental in developing strategies to minimize legal risk and ensure regulatory compliance.

She has 6+ years of Human Resources Management experience and a Chartered Professional in Human Resources (CPHR) designation. Her practice includes Family Law, Civil Litigation, Wills & Estates and Real Estate & Conveyancing.

For fun, she visits ancient sites and ruins and belts out popular Broadway tunes.

northam law corporation

Northam Law is a boutique law firm offering advisory services in Real Estate Law and Conveyancing, Business Law, and Human Resources. Our practice areas also include Wills & Estates and Family Law. Notarization services are also available.

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