Many practitioners do not agree that a T3 slip should be issued to the settlor of a s. 75(2) trust and, instead, the attributed amounts should simply be recorded as an elimination of the applicable reported amounts on the T3 return and there should be subsequent direct reporting by the settlor. Comments?
CRA responded that given the nature of the T3 reporting return as both a return of income and an information return, the statutory requirement (as per Reg. 204(1)) to file a T3 return exists where the trustee has control of, or receives, income, gains, or profits in the trustee’s fiduciary capacity. This is so even if the trustee computes nil income for the trust for tax purposes, as would be the case where s. 75(2) applies.
The analysis, as to how to report the income attributed under s. 75(2) to the contributor or settlor, cannot be based solely on whether or not a deduction pursuant to s. 104(6) is applicable, i.e., it does not hinge on whether s. 75(2) amounts were paid or payable to the beneficiaries.