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ARTICLE · 18 FEBRUARY 2020

Estate and Trust Taxation: Important Considerations

A trust is considered a separate entity and is a taxpayer under the Income Tax Act.

CanadaTax

This Advisory provides an overview of some of the key rules regarding the Canadian taxation of estates and testamentary and inter vivos trusts, including spouse, alter ego, joint partner and other life interest trusts in domestic estate planning and trust and estate administration.

TYPES OF TRUSTS

Definition and Creation of a Trust and Other General Trust Principles

A trust is considered a separate entity and is a taxpayer under the Income Tax Act (Canada) (the "ITA"). Please refer to our Advisory "Using a Trust in Your Estate Plan" to learn more about general trust principles, such as the legal nature of a trust, how a trust is created, dual ownership under a trust, and key provisions of a trust agreement.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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