How to determine residency of CDN estate trust

ukster21 · Post by **ukster21** » Tue Mar 31, 2015 7:06 pm

I am the executor for the estate of my late mother. She was, and all her assets (consisting of bank accounts and shares) are in Canada. She assigned me as Executor in her Will. However, I am a Canadian working in the U.S. on a TN Visa and am considered a Non-resident in Canada for tax purposes. Does the fact that I am working in the US make her estate a non-resident trust? There are 2 beneficiaries: one is a Canadian resident and the other myself, a non-resident. I cannot find any criteria at CRA to determine residency of the estate. Thanks for any help you can give.

nelsona · Post by **nelsona** » Tue Mar 31, 2015 9:32 pm

The IRS considers this a foreign trust. You must report it using 3520/3520-A.
For CRA it is a resident estate.