Income Tax Act (R.S.C., 1985, c. 1 (5th Supp.))

Marginal note:Returns respecting distributions from non-resident trusts

• 233.6 (1) Where a specified Canadian entity (as defined by subsection 233.3(1)) for a taxation year or fiscal period receives a distribution of property from, or is indebted to, a non-resident trust (other than a trust that was an excluded trust in respect of the year or period of the entity or an estate that arose on and as a consequence of the death of an individual) in the year or period and the entity is beneficially interested in the trust at any time in the year or period, the entity shall file with the Minister for the year or period a return in prescribed form on or before the day that is

  • (a) where the entity is a partnership, the day on or before which a return is required by section 229 of the Income Tax Regulations to be filed in respect of the fiscal period of the partnership or would be required to be so filed if that section applied to the partnership; and

  • (b) where the entity is not a partnership, the entity’s filing-due date for the year.

• Marginal note:Excluded trust defined

  (2) For the purpose of subsection 233.6(1), an excluded trust in respect of the taxation year or fiscal period of an entity means

  • (a) a trust described in paragraph (a) or (b) of the definition exempt trust in subsection 233.2(1) throughout the portion of the year or period during which the trust was extant;

  • (b) a trust in respect of which the entity is required by section 233.2 to file a return in respect of each taxation year of the trust that ends in the entity’s year;

  • (c) a trust an interest in which is at any time in the year or period specified foreign property (as defined by subsection 233.3(1)) of the entity, where the entity is a reporting entity (as defined by subsection 233.3(1)) for the year or period; and

  • (d) a trust in respect of which the entity is required by section 233.4 to file a return for the year or period.