The T3 Guide states:
A T3 return must be filed if the trust is subject to tax, and any one of the following conditions applies. The trust: … holds property that is subject to subsection 75(2) of the Act
Is such a trust is required to file a T3 return for a year regardless whether the property subject to s. 75(2) earns any income or profits, or generates a capital gain?
CRA noted that a T3 return is both an income tax and information return. Accordingly irrespective of s. 150(1.1), Reg. 204(1) provides that a trustee having control of or receiving income, gains or profits must file an information return. Accordingly, a T3 return is required for a trust with property subject to s. 75(2), even though the trust would actually have nil taxable income because of the application of 75(2), where that trustee is in control of or receives income, gains or profits in a fiduciary capacity in respect of that trust. However, if the trust only held property subject to s. 75(2) that did not generate any income, profits or gains, the trustee would not be so in control and no T3 return would be required.