Tax year

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Tax year

Inter vivos trust

The tax year-end of an inter vivos trust is December 31, except for a mutual fund trust that elects to have a December 15 year-end. A mutual fund trust that previously elected to have a December 15 year-end can revoke the election. For more information, call 1-800-959-8281.

Testamentary trust

The tax year-end of a testamentary trust may be, but does not have to be, December 31. The first tax period of the trust begins on the day after the person dies, and ends at any time you select within the next 12 months. The tax rates used, and the tax year of the slips issued to the beneficiaries, are based on the year-end of the trust.

Note

Commencing in 2015, testamentary trusts (other than graduated rate estates) will be required to use a calendar year tax year end and have their fiscal periods end in the calendar year in which the periods began. Those testamentary trusts which currently have a non-calendar year-end will have a deemed tax year ending on December 31, 2015, unless the trust is an estate that exists at the end of 2015 and is a graduated rate estate for its 2016 tax year.

You may prefer to choose a December 31 (calendar) year-end for a testamentary trust that will be a graduated rate estate in 2016 for several reasons:

  • Availability of forms – The current-year trust returns and related schedules are usually not available until the end of the calendar year. A 2015 return due before the forms are available would have to be filed using a 2014 form, which might not contain current-year changes or information.
  • Easier form completion – Generally, it is easier to complete forms and interpret rules when the tax year coincides with the calendar year.
  • Availability of information – Most information slips for income amounts are issued for a calendar year (for example, a T5 slip for bank interest).
  • Minimum delay in assessing the return – Changes to law generally requires changing the processing procedures for the return. If the return has a tax year ending early in a calendar year, we may have to delay assessing the return until the law is passed and the new procedures are in place.

However, there may be advantages to choosing a non-calendar year-end. Elections to transfer certain estate losses incurred and certain gains realized on employee security options during the first tax year of the trust to the deceased person’s return for the year of death, and the timing of income receipts may play an important role when you choose the trust’s tax year.

Once you establish the trust's year-end, you cannot change it without our approval. Requests will be approved only if the change is for sound business reasons. Normally, retroactive changes will not be approved. For more information, go to Change of fiscal year-end for trust.

Note

If the assets of the testamentary trust are not distributed to the beneficiaries according to the terms of the will, the testamentary trust may become an inter vivos trust. If this is the case, change the tax year of the trust to December 31 if the trust is not already filing on this basis. On the first return with a December 31 year-end, attach a note to explain the situation. In the year of change, the tax year may be less than, but not more than, 12 months.

A testamentary trust that becomes an inter vivos trust must start filing on a December 31 year-end from the beginning of its current tax year. After July 18, 2005, a trust in this situation will switch to a December 31 year-end the day it becomes an inter vivos trust.

Example

A testamentary trust has a year-end of September 30. On January 7, a transaction occurs that causes it to become an inter vivos trust. As a result, its last tax year as a testamentary trust will be from October 1 to January 6. Its return for that period will be due on April 6 (90 days after the end of its tax year). The first reporting period as an inter vivos trust will be from January 7 to December 31.

Forms and publications

Date modified:
2016-01-13