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A T3 return must be filed when a trust does not have tax payable, however the trust holds property that is subject to subsection 75(2) and from which the trust received income, gains or profits during the year.
Trusts use the T3 slip, Statement of Trust Income Allocations and Designations, to identify beneficiaries and to report amounts such as income and credits that the trust designates to them. Three individual slips are printed on each page or sheet of the form.
It can be revocable or irrevocable. With a revocable trust, you can alter it in the future. While with an irrevocable trust, you cannot make changes. When you set up a living trust, the settlor changes the title of the assets from their name to the name of the trust.
In these cases, all income (interest, dividends and capital gains) earned on these funds are taxed in the beneficiary's hands. If there is truly a trust arrangement, the trustee needs to ensure that an annual tax return is filed for the trust, if required.
The new regime will require most trusts to file a T3 Trust Income Tax and Information Return annually for tax years ending on or after December 31, 2023, including trusts that have never filed before. In addition, all affected trusts will be subject to enhanced reporting requirements.