O. Reg. 310/14: INFORMATION REQUIRED UNDER SECTION 4.1 OF THE ACT

Link to law: http://www.ontario.ca/laws/regulation/r14310
Published: 2014-12-22

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ontario regulation 310/14

made under the

Estate Administration Tax Act, 1998

Made: December 22, 2014
Filed: December 22, 2014
Published on e-Laws: December 23, 2014
Printed in The Ontario Gazette: January 10, 2015


Information required under section 4.1 of the Act

CONTENTS




1.


Application of s. 4.1 (1) of the Act




2.


Deemed day of giving return or revised return




3.


Return under s. 4.1 (2) of the Act




4.


Requirement to update information, amended return




5.


Requirement to update information, notify Minister




6.


Additional information, refund received




7.


Additional information, additional tax or deposit




8.


Additional information, undertaking under s. 4 (3) of the Act




9.


Commencement





Application of s. 4.1 (1) of the Act

1. For the purposes of subsection 4.1 (1) of the Act, the prescribed date is January 1, 2015.

Deemed day of giving return or revised return

2. A return or revised return required under this Regulation is deemed to have been given to the Minister on the day on which it is received by the Minister.

Return under s. 4.1 (2) of the Act

3. (1) Information about a deceased person that is required under subsection 4.1 (2) of the Act must be given to the Minister by the estate representative, in a return approved by the Minister, no later than 90 days after an estate certificate is issued to the estate representative.

(2) The return must contain the following information about the deceased person:

1. Name.

2. Address of fixed place of abode.

3. Date of birth or, if not known, the approximate date or year of birth.

4. Date of death.

5. A complete list of the assets of the deceased person used to determine the value of the estate, including the following information with respect to each asset:

i. The actual value of the asset or, if the actual value is unavailable, the estimated value of the asset at the time of the deceased person’s death.

ii. If the asset is real property,

A. the full address of the real property, including, where applicable, the street number, street name, street direction, unit number, rural route number, town or city, and postal code,

B. the actual value of any encumbrances on the real property,

C. the assessment roll number of the real property that is created or used under the Assessment Act, and

D. the property identifier mentioned in subsection 141 (2) of the Land Titles Act or subsection 21 (2) of the Registry Act, if any, of the real property.

iii. If the asset is cash (including cash on deposit with a Canadian or foreign bank, a broker, a credit union or caisse populaire, a loan corporation or a trust corporation), a guaranteed investment certificate, a loan receivable, a security (including common shares, preferred shares, bonds, treasury bills and mutual funds), a contract of insurance without a named beneficiary, a derivative (including options, futures contracts, rights or warrants), an interest in a partnership or any other investment, a full description of the asset, including,

A. the type of asset,

B. the number of units held at the time of the deceased person’s death, if applicable,

C. other particulars of the asset, such as the particular series of bonds or the particular class of shares,

D. the name and contact information of the deceased person’s adviser, dealer, financial institution or other person holding the asset on behalf of the deceased person, if applicable, and

E. the account number in relation to the asset assigned by the person or institution referred to in sub-subparagraph D, if applicable.

iv. If the asset is not an asset referred to in subparagraph ii or iii, detailed information about the asset, including the type of asset and other particulars of the asset.

v. If the deceased person was known by a name that is different than the name set out in paragraph 1 and if the asset is registered or held under that other name, the asset and the other name of the deceased person.

vi. If the asset is owned by the deceased person as tenant-in-common, the asset and the percentage that is owned by the deceased person at the time of death.

6. The amount of tax owing or paid under section 2 of the Act by the estate of the deceased person or the amount deposited under section 3 of the Act by the applicant referred to in that section.

7. The name and contact information of every estate representative of the deceased person.

8. The address of the court where the application for a certificate of appointment of estate trustee was made.

9. The type of application that was made by the estate representative in respect of the estate of the deceased person under Rule 74.04, 74.05, 74.05.1, 74.08 or 74.09 of the Rules of Civil Procedure.

10. The court file number that is assigned to the application referred to in paragraph 9.

11. The date on which the estate certificate was issued to the estate representative.

12. If the tax or deposit was calculated based on the estimated value of the estate, the date on which the estate representative gave an undertaking required under subsection 3 (4) of the Act and a copy of the undertaking.

13. If the Superior Court of Justice issued the estate certificate under subrule 74.13 (3) of the Rules of Civil Procedure, without payment of a deposit required under section 3 of the Act,

i. a copy of the order that was obtained under subsection 4 (1) of the Act, and

ii. details about the security furnished to the court under subsection 4 (2) of the Act.

14. Any other information about the deceased person that is necessary for the determination of the amount of tax owing or paid under section 2 of the Act.

(3) If any assets described in subparagraph 5 iii of subsection (2) are held by an adviser, dealer, financial institution or other person on behalf of the deceased person, the return may include the following information about those assets instead of the information required under subparagraphs 5 i and iii of subsection (2) in respect of those assets:

1. The name and contact information of the adviser, dealer, financial institution or other person who holds those assets.

2. The account number or numbers associated with the adviser, dealer, financial institution or other person in relation to those assets.

3. The total value of all of the assets within each of the accounts referred to in paragraph 2.

Requirement to update information, amended return

4. (1) If the estate representative becomes aware that any information described in paragraph 5, 6 or 14 of subsection 3 (2) or in subsection 3 (3) that was given in the return is incorrect or incomplete, the estate representative shall give the Minister a revised return containing updated information, including the reason for updating the information.

(2) The revised return under subsection (1) must be given no later than 30 days after the estate representative becomes aware that the information given is incorrect or incomplete.

(3) A revised return under subsection (1) is not required if the estate representative becomes aware of the incorrect or incomplete information after the fourth anniversary of the day tax became payable.

(4) Despite subsections (1), (2) and (3), if a statement disclosing subsequently discovered property of the estate is delivered under subsection 32 (2) of the Estates Act, the estate representative shall give the Minister, no later than 30 days after the statement is delivered, a revised return with particulars about the subsequently discovered property.

Requirement to update information, notify Minister

5. If the estate representative becomes aware that any information described in paragraph 1, 2, 3, 4, 7, 8, 9, 10, 11, 12 or 13 of subsection 3 (2) that was given in the return is incorrect or incomplete, the estate representative shall notify the Minister in writing of the updated information no later than 30 days after the estate representative becomes aware that the information given is incorrect or incomplete.

Additional information, refund received

6. If a full or partial refund of a deposit or tax imposed under the Act is received by the estate representative after giving the return under section 3, the estate representative shall, no later than 30 days after the refund is received, give the Minister a revised return with particulars about the refund.

Additional information, additional tax or deposit

7. If an additional tax imposed under the Act is paid or an additional amount is deposited by the estate representative after giving the return under section 3, the estate representative shall, no later than 30 days after the payment or the deposit is made, give the Minister a revised return with particulars about the payment or amount deposited.

Additional information, undertaking under s. 4 (3) of the Act

8. If the estate representative gives an undertaking described in subsection 4 (3) of the Act with respect to the estate of the deceased person, the estate representative shall, no later than 30 days after fulfilling the undertaking, give the Minister a revised return with particulars about the fulfilment of the undertaking and any additional tax paid.

Commencement

9. This Regulation comes into force on the later of January 1, 2015 and the day it is filed.

Made by:
Pris par :

Le ministre des Finances,

Charles Sousa

Minister of Finance

Date made: December 22, 2014.
Pris le : 22 décembre 2014.

 

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