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 2024

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 & bottom lb ros

More from across our site

US partner Matthew Chen was named as potentially the first overseas PwC staffer implicated in the tax leaks scandal, in a dramatic week for the ‘big four’ firm
PwC alleged it has suffered identifiable loss and damage arising out of a former partner's unauthorised use of confidential information; in other news, Forvis Mazars unveiled its next UK CEO
Luxembourg saw the highest increase in tax-to-GDP ratio out of OECD countries in 2023, according to the organisation’s new Revenue Statistics report
Ryan’s VAT practice leader for Europe tells ITR about promoting kindness, playing the violincello and why tax being boring is a ‘ridiculous’ idea
Technology is on the way to relieve tax advisers tired by onerous pillar two preparations, says Russell Gammon of Tax Systems
A high number of granted APAs demonstrates the Italian tax authorities' commitment to resolving TP issues proactively, experts say
Malta risks ceding tax revenues to jurisdictions that adopt the global minimum tax sooner, the IMF said
The UK and what has been dubbed its ‘second empire’ have been found to be responsible for 26% of all countries’ tax losses by the Tax Justice Network
Ireland offers more than just its competitive corporate tax environment but a reduction in the US rate under a Trump administration could affect the country, experts tell ITR
The ‘big four’ firm was originally prohibited from tendering for government work until December 1 due to its tax leaks scandal, but ongoing investigations into the matter have seen the date extended
Gift this article