Trust Reporting Rules: Express vs. Non-Express Trusts (Canada)

With T3 filings approaching, we have prepared a brief summary of a technical release by the CRA at the Canadian Tax Foundation Conference.

What Is an Express Trust?

An express trust is a trust that is intentionally created by a person (the settlor), usually through a written trust deed or a will. The intention to create a trust is clear and deliberate.

Examples: family trusts, estate planning trusts, inter vivos trusts.

Under Canada’s enhanced trust reporting rules, express trusts resident in Canada are generally required to provide additional information in their annual T3 return, including details about trustees, beneficiaries, settlors, and controlling persons—unless an exemption applies.

What Is a Non-Express Trust?

A non-express trust arises automatically by law or by court order, rather than by deliberate intention.

Examples include:

  • Resulting trusts,

  • Constructive trusts,

  • Statutory or court-ordered trusts.

These trusts are not created by a trust deed or formal declaration.

Do the Enhanced Reporting Rules Apply?

Most trusts required to file a T3 return must comply with enhanced reporting rules – also known as Schedule 15 on the T3 return.

However, important exemptions exist.

Common Exempt Trusts under paragraphs 150(1.2)(a) to (r)

A trust is exempt from enhanced reporting if it falls into one of these categories, including:

  • Trusts in existence for less than three months

  • Trusts holding only certain assets worth $50,000 or less

  • Registered charities and certain non-profits

  • Mutual fund trusts and publicly traded trusts

  • Graduated rate estates

  • Registered plans (RRSPs, TFSAs, RESPs, RDSPs, FHSAs, pension plans)

  • Statutory or court-mandated trusts

  • Employee life and health trusts and employee ownership trusts

CRA Clarification (Roundtable 2025-1080801C6)

In a recent ruling, the Canada Revenue Agency has confirmed that the exemptions in subsection 150(1.2) (above) of the Income Tax Act apply to all trusts, not just Canadian-resident express trusts, despite the legislation stating the word “express trust”

Key takeaway:


If a trust—express or non-express—is required to file a T3 return but qualifies for any exemption in paragraphs 150(1.2)(a) to (r), it does not need to file the additional trust reporting information (such as Schedule 15).

Adam Robles