Income Tax Act — I-3.3 94
apport ) contributor to a trust at any time means a person (other than an exempt person but including a person that has ceased to exist) that, at or before that time, has made a contribution to the trust. ( contribuant ) electing contributor at any time in respect of a trust means a resident contributor, to the trust, who has elected to have subsection (16) apply in respect of the contributor and the trust for a taxation year of the contributor that includes that time or that ends before that time and for all subsequent taxation years, if (a) the election was in writing filed with the Minister on or before the contributor’s filing-due date for the first taxation year of the contributor for which the election was to take effect (referred to in this definition as the “initial year”); and (b) the election included both the trust’s account number as assigned by the Minister and evidence that the contributor notified, no later than 30 days after the end of the trust’s taxation year that ends in the initial year, the trust that the election would be made. ( contribuant déterminé ) electing trust in respect of a trust’s particular taxation year means the trust, if the trust (a) holds at any time in the particular taxation year, or in a prior taxation year of the trust throughout which it was deemed by subsection (3) to be resident in Canada for the purpose of computing its income, property that is at that time part of its non-resident portion; (b) elects to have paragraph (3)(f) apply to it for (i) its first taxation year (A) throughout which it is deemed by subsection (3) to be resident in Canada for the purpose of computing its income, and (B) in which it holds property that is at a time in the year part of its non-resident portion, and (ii) all of its taxation years that end after its taxation year described in subparagraph (i); and (c) files the election described in paragraph (b) in writing filed with the Minister with the trust’s return of income for its taxation year described in subparagraph (b)(i). ( fiducie déterminée ) exempt amount in respect of a trust’s particular taxation year means an amount that is (a) paid or credited (in this definition within the meaning assigned by Part XIII) by the trust before 2004; (b) paid or credited by the trust and referred to in paragraph 104(7.01)(b) in respect of the trust for the particular taxation year; or (c) paid in the particular taxation year (or within 60 days after the end of the particular taxation year) by the trust directly to a beneficiary (determined without reference to subsection 248(25)) under the trust if (i) the beneficiary is a natural person none of whose interests as a beneficiary under the trust was ever acquired for consideration, (ii) the amount is described in subparagraph 212(1)(c)(i) and is not included in computing an exempt amount in respect of any other taxation year of the trust, (iii) the trust was created before October 30, 2003, and (iv) no contribution has been made to the trust on or after July 18, 2005. ( somme exclue ) exempt foreign trust at a particular time means (a) a non-resident trust if (i) each beneficiary under the trust at the particular time is (A) an individual who, at the time that the trust was created, was, because of mental or physical infirmity, dependent on an individual who is a contributor to the trust or on an individual related to such a contributor (which beneficiary is referred to in this paragraph as an “infirm beneficiary”), or (B) a person who is entitled, only after the particular time, to receive or otherwise obtain the use of any of the trust’s income or capital, (ii) at the particular time there is at least one infirm beneficiary who suffers from a mental or physical infirmity that causes the beneficiary to be dependent on a person, (iii) each infirm beneficiary is, at all times that the infirm beneficiary is a beneficiary under the trust during the trust’s taxation year that includes the particular time, non-resident