Notice Before Distribution of Property
As a rule, a trustee who is liquidating a trust must, before distributing the trust's property, notify us of the liquidation and obtain a certificate authorizing the distribution. To do so, a trustee must file form MR-14.B-V, Notice Before Distribution of Property.
A person that distributes the property of another person without having first obtained a certificate authorizing the person to do so becomes personally liable for any fees, duties, interest and penalties payable under a fiscal law (including any amounts that may become payable within the next 12 months), up to the value of the property distributed.
Before filing this form, you must file the last required income tax return or returns.
As a rule, we have four years as of the distribution date in which to assess any amounts for which the trustee or the liquidator of a succession is personally liable.
To obtain a certificate authorizing the distribution of a succession's property, you must file MR-14.A-V, Notice Before Distribution of the Property of a Succession. You can file this form as soon as the value of the succession's property and liabilities is known and the deceased person's income tax return or returns (principal return and separate returns) have been filed.
You must also file a separate MR-14.A-V form to apply for a certificate authorizing the distribution of income earned after death if a succession is required to file the Trust Income Tax Return (TP-646-V) to report the income. The return must be filed before the separate MR-14.A-V form.
You may pay urgent or essential expenses (to a maximum of $12,000) before filing form MR-14.A-V without incurring any liability. These expenses can result directly from the death, such as funeral expenses, or they can be made in the interests of the succession (electricity, gas or telephone expenses).
The taxation year of a graduated rate estate that is wound up ends on the winding-up date (line 11), which generally corresponds to the date of distribution of the property. You must therefore file the final return of the trust within 90 days after that date.
In the case of an inter vivos trust, you must file the final return no later than 90 days following the calendar year in which the trust was wound up.