Because information is often insufficient, informal trusts can create difficulties for both the agent and the trusted person in the event of a dispute over the management or distribution of the trust`s assets or income. Take, for example, a parent who establishes informal trust in their minor child. When the child turns 18, he or she will want to receive the money in person to spend it as he wishes. The parent disagrees and thinks he will waste the funds and, as an agent, decides not to distribute the funds. Since there is no fiduciary document indicating anything else, the child would have the right, at the age of majority, to ask the Court of Justice to pay the funds to him. It is important to note that the term “direct or indirect” includes a wide range of transfers, including transfers to trusts. People who do not have arm length usually include a child, a grandchild, a great-grandchild, a spouse`s child, the spouse of his child, a brother or brother or brother-in-law or sister-in-law. This article aims to provide a basic understanding of the most common types of trusts used in our industry. Note that due to the different legal structure in Quebec, the comments contained in these articles do not apply to Quebec trusts. However, the article gives you a general guideline on tax issues related to trusts. Manulife and its representatives do not provide information on the validity and completeness of this document, nor on the tax and legal consequences of the agreement and the attached standard fiduciary statements.
We advise you and/or your client to get advice on tax and legal matters. The maximum number of agents who can be registered for real estate in the land registry is four, and we would suggest that the maximum number of agents should be appointed. We also included as appendices two examples of a declaration of trust, a model of trust agreement and a summary of the case law and views of the Canadian Revenue Agency (CRA) on trust accounts. Trust Records: There are no specific legal requirements for data records that must be conducted by the Treuhand. Nevertheless, administrators should keep accurate records to demonstrate that they have done their job properly. It is recommended that these books contain records of all discretionary decisions. The corresponding accounting documents for the trust should be kept in the usual manner and in accordance with ITA requirements. 1 If an estate is qualified and opts for a corporate tax (ERM) for income tax purposes, it is taxed at rates 36 months after the person`s death.