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 that centralise and automate their pillar two data will have a much easier time during reporting season, says Hank Moonen, CEO of TaxModel
While GCCs drive efficiency for multinationals, they also present a host of TP risks that should be considered carefully
PwC Ireland has also called for simplifying Ireland’s tax code and a reduction in its capital gains tax in a pre-budget submission
Effective audit management requires more than documentation; it’s the way taxpayers engage that can shape audit direction, manage procedural ambiguity, and preserve options for appeal or litigation
American advisers are falling short of client expectations when it comes to providing value-added services, but remaining tight-lipped won’t make the problem go away
Awards
The Social Impact Awards unveil new categories to reflect a changing legal and social landscape
Australia's approach to tax policy has undergone significant shifts in recent years, reflecting global trends and unique domestic considerations. These developments merit close attention from tax professionals
The UK has temporarily dodged the 50% rate due to a trade deal signed with the US in May; in other news, Ryan acquired a Northern Irish tax firm
Following a $28 million funding round, Aibidia wants to ‘double down’ on the US market via partnerships with the ‘big four’, the Finnish TP tech provider’s CEO tells ITR
The Luxembourg-based TP leader tells ITR about relishing the intellectual challenge of his practice, his admiration for Stephen Hawking, and what makes tax cool
Gift this article