Q: Please help...we are getting conflicting advice. My son-in-law's sister passed away over a year ago. She was a single parent, leaving a very young daughter as the only heir. There was, fortunately, a work-related life insurance policy in the amount of $200k and an informal trust was set up. My son-in-law is the trustee and received a T3 in the amount of approx. $6k for 2021.
My belief is because the source of the funds came from an insurance company, the attribution rules do not apply in this case. From a recent article by a Tax and Estate Planner: "Income not subject to attribution and capital gains paid or payable to a beneficiary are taxed in the beneficiary's hands at the beneficiary's graduated tax rates". Does this mean that the amounts specified on the T3 form should be filed under the daughter's name and she would be responsible for paying any tax owing? I believe that roughly $13k of income is tax-free, so in this case there should theoretially be zero tax owing. Am I corrrect that a T3 return needs to be submitted (versus just kept on file) and am I correct in my conclusion that no income tax is owing?
Thanks for your help...much appreciated...Steve
My belief is because the source of the funds came from an insurance company, the attribution rules do not apply in this case. From a recent article by a Tax and Estate Planner: "Income not subject to attribution and capital gains paid or payable to a beneficiary are taxed in the beneficiary's hands at the beneficiary's graduated tax rates". Does this mean that the amounts specified on the T3 form should be filed under the daughter's name and she would be responsible for paying any tax owing? I believe that roughly $13k of income is tax-free, so in this case there should theoretially be zero tax owing. Am I corrrect that a T3 return needs to be submitted (versus just kept on file) and am I correct in my conclusion that no income tax is owing?
Thanks for your help...much appreciated...Steve