Estate and trust

  • 1.  164(6) Election

    Posted 09-23-2025 12:45

    We have a number of 164(6) elections in process and noticed that on the first blush CRA will only carryback enough of the losses to cover an CG and not against taxable income, then you have to file yet another T1 Adjustment to get the loss applied correctly.  No matter which way we apply it, our own way or CRA's recommended way, the elections are taking almost two years to get processed and for each one we have been submitting a service complaint which does expedite the claim and get it processed correctly - eventually. - but the cost of doing all of this adds up.



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    Sukhninder Parmar
    David Pel & Company Inc
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  • 2.  RE: 164(6) Election

    Posted 10-02-2025 17:53

    How were you requesting the s. 164(6) application to the terminal return? CRA has indicated that per the ITA you should be filing they an amended return (as opposed to a T1 Adjustment request). If an amended return is filed, then you can show the negative amount on line 12700 which should then be applied against other income. 



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    Maureen Anne Vance
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  • 3.  RE: 164(6) Election

    Posted 10-15-2025 17:12

    I find it is taking over a year to get an amended paper filed T1 return with a 164(6) election processed as well. I also find a large percentage of the time it is being assessed incorrectly in the same situation you mentioned. 

    This has caused some estates to lose the GRE status (over 36 months now) requiring Schedule 15 for the remaining T3 returns. 



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    Kathleen Logan
    Logan Accounting
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  • 4.  RE: 164(6) Election

    Posted 10-15-2025 17:53
    Edited by Roberto Ferretti 10-15-2025 17:53

    You can only file a 164(6) election by paper, togehtehr with the T3 return and the election.  CRA instructions specifcially require an amended paper filed T1, marked "Amended"  and not a T1 adjustment.  best is to get someone xperienced in praring 164(6) elections.



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    Roberto Ferretti
    Robert Ferretti Professional Corporation
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  • 5.  RE: 164(6) Election

    Posted 10-16-2025 09:19

    Another common process is having to file both the T1 Final and the T3 Returns at the same time along with the subsection 164(6) election. In this case per CRA: the T1 must not include the net capital losses as CRA will amend the T1 after they have reviewed and approved the election. As mentioned following up on delays and as needed formalizing the concern for the delay is the best approach if not always satisfactory.



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    Preston Gallant
    Preston Gallant, CPA
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  • 6.  RE: 164(6) Election

    Posted 10-16-2025 10:43

    The regulations require a full amended tax return.  CRA has not always enforced that, but Rulings has always been very clear on that requirement.

    The August 12, 2024 draft legislation proposing to allow S 164(6) in the first three GRE years also proposed some prescribed forms, which would make the process a lot more clear (and hopefully also more efficient and quicker).



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    Hugh Neilson
    Kingston Ross Pasnak LLP
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