Given the exception in para. (n) of the definition in s. 233.3(1) of specified foreign property and para. (b) of the exempt trust definition in s. 233.2(1) of exempt trust for a trust that is established in connection with a foreign plan that provides pension, retirement or employee benefits where the trust is exempt from income tax imposed by the country of its residence and is maintained primarily for the benefit of non-resident individuals, is a resident individual required to file Form T1135 respecting the individual’s interest in a US qualified pension plan that was terminated as a result of an asset insufficiency so that the Pension Benefit Guaranty Corporation (“PBGC”), as replacement trustee, pays the plan benefits to the members (the majority of whom reside in the US)? CRA stated:
[T]he PBGC’s involvement in the administration of the plan has no impact on the availability of the exception for foreign pension trusts. Consequently, the individual would not be required to file Form T1135 in respect of their interest in the plan.