Canada: Canada’s 2014 budget eliminates tax benefits of immigration trusts

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Canada: Canada’s 2014 budget eliminates tax benefits of immigration trusts

leopardi.jpg

carbone.jpg

John Leopardi


Alexandra Carbone

The government announced in Canada's 2014 budget that it would be introducing new measures to further prevent the use of non-resident trusts to avoid Canadian income tax, notably the proposed elimination of the Canadian tax benefits of immigration trusts. Where a Canadian resident contributes property to a non-resident trust, the trust may be deemed to be a resident of Canada for Canadian tax purposes. Before the budget, an exemption from the deemed-resident trust rule was available where the contributor was an individual who had resided in Canada for a total period of not more than 60 months; non-resident trusts which fell within this exemption were referred to as immigration trusts. Where a trust qualified for the 60-month exemption, it would not be subject to Canadian tax on its foreign-source income for the relevant period. Whereas individuals resident in Canada are normally subject to tax on their worldwide income, the 60-month exemption essentially allowed individuals immigrating to Canada to shelter their foreign source investment income from Canadian tax for up to five years by establishing a non-resident trust and transferring their income-producing assets to the trust prior.

As a result of the 60-month tax exemption, Canadian resident beneficiaries of immigration trusts indirectly obtained a tax benefit that was not available to other Canadian residents not earning income through immigration trusts. The Canadian government stated in the budget, "the 60-month exemption raises tax fairness, tax integrity and tax neutrality concerns".

The proposal amends the non-resident trust rules to remove the 60-month exemption for immigration trusts, generally for taxation years ending on or after February 11 2014. Consequently, an immigration trust will be deemed resident in Canada and subject to taxation on its worldwide income starting in 2015. Limited relief phase-in rules apply in particular circumstances. Individuals who immigrated to Canada and established an immigration trust arrangement should revisit their tax planning in light of the proposed measures.

John Leopardi (john.leopardi@blakes.com)

Tel: +1 514 982 5030; +1 514 982 5030
Alexandra Carbone (alexandra.carbone@blakes.com)

Tel: +1 514 982 5034

Blake, Cassels & Graydon

Website: www.blakes.com

more across site & shared bottom lb ros

More from across our site

Tax teams and the IT experts they rely on should be wary of increased compliance, says Richard Sampson, chief revenue officer at Tax Systems
The law firm was representing a businessman in the commodities sector who had previously been convicted of tax fraud
One expert last month predicted the short-term impact of tariffs would be “devastating” for both Canada and the US, particularly if the former instituted retaliatory measures
Ahead of another busy year for the World Tax rankings and ITR Awards, we profile some of the UK’s major firms and explore key market trends
The Labor government has done more than any previous administration to crack down on multinational tax avoidance, Andrew Leigh also tells ITR
Companies that come to terms with digitised tax processes now will stand to gain from FASTER’s disruption, argues Carlos Silva of Xceptor
Audit specialist Walsh, a 33-year veteran of KPMG, will assume the leadership role in July; in other news, a think tank has claimed that the UK tax advisory market requires ‘urgent reform’
The court emphasised that TP analysis must adhere to the arm's-length principle, be based on the specific facts of each transaction and comply with domestic regulations, one expert says
Singapore extends GST remission in 2025 budget; UK closes in on e-invoicing; two new partners at RSM Belgium ;and more
As we build up to another busy year for the World Tax rankings and ITR Awards, we give a rundown of some of the major firms and trends within the Brazil tax market
Gift this article