A Canadian resident became a non-resident and, within 60 months, settled a non-resident trust for non-resident family members, except that the trust deed stated that beneficiaries included as a class registered charities, which could benefit at any time. Would this cause the trust to become a deemed resident trust?
CRA noted that s. 94(3) applies inter alia to a trust which is factually non-resident and has a resident beneficiary (with a connected contributor to the trust). However, the registered charity would be an “exempt person,” which is defined in s. 94(1) to include a person exempted under s. 149(1), and thus would be excluded from being a “resident beneficiary” (under the preamble of that term’s definition) – so that s. 94 would not apply to the trust.