Is a non-resident trust, that is deemed to be resident in Canada pursuant to s. 94 and which owns a Canadian rental property, resident in Canada for purposes of determining its rental income?
CRA indicated that such a deemed resident trust is generally required to compute its income and losses for the year according to the rules that are applicable to Canadian residents. It noted that s. 104(7.01) restricts the amount that a deemed resident can deduct under s. 104(6) in computing its income, in the event that the trust has Canadian-source income such as income from rent from real or immovable properties in Canada, and also makes distributions to beneficiaries not resident in Canada.