30 October 2012 Ontario CTF Roundtable, 2012-0462931C6 - CTF Ontario Conference- Trust payment to Minor -- summary under Subsection 104(24)

In response to a query as to whether the requirement, for "proper notice" being given to a beneficiary as to a demand promissory note being given in payment of a distribution, is satisfied where notice given to the guardian of a minor beneficiary, CRA stated (quoting from E9529647):

It is our view that the beneficiaries must be advised before the end of the trust's taxation year of the trustees' decision, including the apportionment of the trust's income to which the beneficiary is entitled in the year to enforce payment, even if the actual amount is not known. (In case of a minor beneficiary, the trustees may advise the legal guardian of the child's property of this right.) Although legal rights may exist without being in writing, in our opinion, the trustees' exercise of discretion and notification given to the beneficiaries of their decision should be in writing (e.g., a resolution signed by the trustees, minutes of the trustees' meeting) as failure to do so would result in the trustees and the beneficiaries having to provide the CRA with other satisfactory evidence to support their claim that amounts became payable to the beneficiaries in the year.

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