I need help in determining if our son needs to file a T1142
Background – My husband was a dual citizen US and Canadian permanently living in North Carolina in the United States. Our son is a Canadian citizen living in Toronto. Our son does not have dual citizenship. My husband died in April 2023. I am probating his estate which was established upon my husband’s death. (no trust involved) The estate consists of interest, dividends, and capital gains. There is no tangible property and all corpus and DNI will be distributed this calendar year.
I do not believe that our son has to file a T1142 based on the instructions for the T1142 “who must file a T1142” since it is an estate that arose as a consequence of death.
Form T1142, Information Return in Respect of Distributions from and Indebtedness to a Non-resident Trust, must be filed under section 233.6, by a Canadian resident individual, corporation or trust, as well as a partnership, that
- is beneficially interested in a non-resident trust (other than an "excluded trust" or an estate that arose on or as a consequence of death) at any time in the taxation year; and
- has received a distribution from or was indebted to that non-resident trust in the taxation year
Am I correct, or does he have to file the form?
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