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Tax

Do I File a Return for the Year Before Death if It Was Not Yet Filed in Canada?

TSL Written by the Treadstone Law Team· Updated November 6, 2026

This answer covers Canadian federal tax law, which applies in every province.

Yes. If the person died in 2026 on or before the 2025 T1 filing due date and the 2025 return was not filed, the 2025 return and any balance owing are due 6 months after the date of death, on the same calendar day. A single final (2026) return is also required, so two returns are needed.

The legal representative, usually the executor named in the will, is responsible for ensuring returns are filed and balances owing are resolved. If a T1 return for a year before the year of death was not filed, the legal representative must make sure it is filed. A surviving spouse's own 2025 return has the same filing due date, but any balance the survivor owes must still be paid by April 30, 2026 to avoid interest.

The final return is separate. For a death between January 1 and October 31, it is due April 30 of the following year. Filing late with a balance owing can bring a penalty of 5% plus 1% for each full month late, up to 12 months, and interest compounds daily. Other dates can apply in special cases, such as self-employment, so confirm yours with a lawyer or accountant.

Key takeaways

  • If the person died in 2026 on or before the 2025 filing due date without filing the 2025 return, that return and any balance are due 6 months after death.
  • Two returns are needed in that case, the unfiled 2025 return and a final 2026 return.
  • The legal representative, usually the executor, must make sure an unfiled prior-year return is filed.
  • A surviving spouse's own 2025 return has the same filing date, but any balance they owe is still due April 30, 2026.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone tax lawyer can help.

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Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

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