Does the CRA position on the use of personal-use property (e.g., homes, cottages, boats and cars) by an individual beneficiary also apply to a trust that is an alter ego trust or a joint spousal trust or a common-law partner trust? Before going on to note that, in order to meet the conditions of s. 73(1.01)(c), an alter ego trust must be a trust under which no person except the settlor may receive or otherwise obtain the use of any of the income or capital of the trust before the settlor’s death – and similarly, for a joint spousal trust or a common-law spousal trust, CRA first stated:
[W]here, pursuant to the terms of the trust indenture or will, a trust owns personal-use property for the benefit or enjoyment or personal use of a beneficiary, our position is that a taxable benefit under s. 105(1) will not be assessed to that beneficiary for the rent-free use of such property. However, a benefit in respect of the other upkeep, maintenance, or taxes for such property may arise under s. 105(2).