I have completed a 2021 T1 for a person who died in 2022. There are 3 executors, but not enough room on the T183. Any suggestions? One of the executors had Power of Attorney, but that’s of no use now.
Submit probate details as docs through RAC to get them identified by CRA.
Then let them decide who will sign the AuthRep, then the T183.
The 2021 return is due 6 months after the date of death. 2022 return April 30, 2023.
“If a person dies after December 31, but on or before the filing due date for their return for the immediately preceding year (usually April 30) and that person had not yet filed that return, the due date for filing it, as well as for paying the balance owing, is 6 months after the date of death. The due date for filing the same prior year T1 return of a surviving spouse or common law partner who was living with the deceased is the same as the due date for filing the deceased’s prior year return. However, any balance owing on the surviving spouse’s or common law partner’s return still has to be paid on or before April 30 of the current year to avoid interest charges. The filing due dates for previous year returns that are already due but which the deceased had not yet filed, remain the same.”
If the deadline is looming and CRA is lagging, you can mail T1 in with one or more excutor signatures. They will eventually be recognized as to who they are.
One solution is to print 3 copies of the T183 and have esch co-executor sign one, Amother is for the executors to agree in writing that one will be the signing officer for CRA matters, I had a real case where the two named executors, who were both lawyers, appointed a third person to do all the executor tasks, including signing of documents on behalf of the estate. CRA accepted that.
" I had a real case where the two named executors, who were both lawyers, appointed a third person to do all the executor tasks, including signing of documents on behalf of the estate"
ehhh… Don’t think it was worded quite exactly as broadly as that…
That’s like appointing somebody to serve your jail time in your place…
Neal, I don’t know where you got the due date from, but, from what I see on CRA site is the return for the year prior to the year of death is due April 30, regardless if it was filed before or after death.
“For previous year returns that are already due but were not filed by the deceased, the due dates for filing those returns, as well as payment of any related taxes owing, remain the same.”
Here’s the link:
I intend to submit the death certificate & will, but there is no probate. All assets transferred to alter ego trust prior to death. For the T183, the tax & estate lawyer suggested any one of the three can sign the tax return/T183.
“For the T183, the tax & estate lawyer suggested any one of the three can sign the tax return/T183.”
Whether that is true or not, would depend entirely on the exact wording of the Will.
If the Will requires that ALL 3 act together, I would think that you could protect yourself by printing 3 identical T183s, and getting each one to sign one of them.
::: IF you are virtually certain that the Will is, in fact, what it purports to be, since it has not been probated.
Filing and payments: T4011-21, page 11:
Previous-year return – If a person dies early in 2022, on or before the filing due date for their 2021 return, and they have not filed that return, the due date for filing it and paying any balance owing is 6 months after the date of death. In that case, the due date for filing the 2021 T1 return of a surviving spouse or common-law partner who was living with the deceased is the same as the due date for the deceased’s 2021 return. However, any balance owing on the surviving spouse’s or common-law
partner’s 2021 return must still be paid on or before April 30, 2022, to avoid interest charges."
The "Power of Attorney"
Since we are having a cold Spring, and Winter does not want to let go, the best use for that would be to set it on fire to keep yourself warm.
I’m coming to the realization that dying sucks.
Not the dying, it is being the executor, trustee or family member of someone who didn’t have a will or good legal & financial advice in creating a good will. That SUCKS
I agree. One of my clients kindly agreed to act as executor for a relative and has regretted it right from the beginning. Another individual died leaving a will that was worded so badly that none of his heirs can ever get clear title to the land. It’s about 100 acres, but that’s a huge chunk here in Nova Scotia. Took the will to a lawyer who suggested letting the land go up for tax sale, at which point, a buyer would get clear title. Of course, there’s no guarantee a family member would have the highest bid. But, it’s about the only viable option.
In some circumstances, the person conducting the tax sale will announce that this sale is in order to clear title and that if a stranger purchases it, it will be redeemed. Perhaps the family can agree on a buyer or family group to take title.
Yes, I thought there was always a right to redeem. But, recently I’ve seen some municipal tax sales with some properties without a right to redeem. In the case here, there were originally 7 heirs, all now dead, and the terms of the will were so subject to interpretation that an agreement among the current heirs is impossible. One of them paid the taxes last year, which only served to prolong the problem for several years until the municipality puts it up for sale again.
Well, I was there and you were not.