The following will look at a case study involving a testamentary trust, created by the will of a resident of Canada for the benefit of non-resident beneficiaries with a non-resident trustee(s).
Included in the discussion will be the determination of the residency of the trust, whether the testamentary trust can qualify as a Graduated Rate Estate, how the trust is taxed based on its residency status and how distributions from the estate are taxed in the hands of the beneficiaries.
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