Can the election described in the s. 94(1) definition of “electing trust” be late-filed?
CRA indicated that as long as the election is filed with the trust’s income tax return for its first taxation year throughout which it is deemed to be resident in Canada and in which it holds property that is part of its non-resident portion, the election would not be considered to be filed late even if the trust return for that year is filed late. Where the election is not included with the income tax return filed, the election is considered late. The Minister does not have the discretion to allow a taxpayer to late-file this election.