An individual, who was never previously Canadian resident, became resident on August 1, 2009 and remained a Canadian resident thereafter so that he or she will have been resident for 60 months as of August 1, 2014. A non-resident trust to which the individual has made a contribution would be deemed resident under s. 94 in 2014, as of January 1. Agreed? CRA stated:
[W]e agree…[that] the 60 month exemption period would otherwise end in 2014, after the Budget Day.
To further illustrate, in a case where the 60 month exemption would otherwise expire in 2015 (i.e., same example as above except the individual became resident on August 1 of 2010) and no contributions were made to the trust on or after Budget day and before 2015, the measure would apply for the trust's taxation year beginning January 1, 2015 and ending December 31, 2015. If however, contributions were made to this trust on or after Budget Day, even though the 60-month time period would not expire until after 2014, the measure would be effective for the taxation year ending December 31, 2014 and this trust would be deemed resident in Canada pursuant to subsection 94(3)… for the purposes outlined therein, with effect from January 1, 2014.