TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Licensed by the Law Society of OntarioFlat fees published upfrontWe reply to messages within 1 business daySign in
Home/Articles/Wills & Estates
№ 22 Wills & Estates

CRA Clearance Certificates in Ontario: Before You Distribute

Learn when an Ontario estate trustee needs a CRA clearance certificate, how to apply with Form TX19, how long it takes, and the personal liability at stake.

Wills & Estates4 min readTSLBy the Treadstone Law Team · OntarioUpdated November 13, 2026
← All articles
Key takeaways
  • A legal representative must obtain a clearance certificate from the Minister before distributing property under their control, and distributing without one can make the representative personally liable up to the value distributed.
  • You apply with Form TX19 only after all returns have been filed and assessed and the taxes, CPP, EI, interest and penalties have been paid or secured, not at the same time as the returns.
  • Once a clearance certificate is issued, liability for unpaid tax rests on the estate, trust, corporation, beneficiaries or others who received the distributed assets, and no longer on the representative, but the certificate covers only amounts owing when it was issued.

If you are the executor, or estate trustee, of an Ontario estate, you may feel pressure to hand out the inheritance quickly. Before you do, there is a federal tax step that protects you personally: the CRA clearance certificate.

This article explains why the certificate matters, when and how to ask for it, what to send, and what to do if the estate cannot get one. It is general information, and an estate's tax situation can be complicated, so a lawyer or accountant can confirm how it applies to you.

Why the certificate matters

Under Income Tax Act s. 159(2), every legal representative other than a trustee in bankruptcy must obtain a certificate from the Minister before distributing property under their control. The certificate confirms that all tax amounts have been paid or that security has been accepted.

If you distribute without one, s. 159(3) makes you personally liable for the unpaid amounts, up to the value of the property you distributed. The Minister can assess you at any time.

In practical terms, a gift to a beneficiary that turns out to leave tax unpaid could become your own debt, so the certificate is how you close that risk.

When to apply

Timing is the part people get wrong. You file Form TX19, Asking for a Clearance Certificate, after all returns have been filed and assessed and the taxes, CPP, EI, interest and penalties have been paid or secured. Do not send the request at the same time as the returns.

That usually means the final return and any T3 returns for the estate are done first. Each return needs to be assessed before the request goes in.

How to apply and what to send

Estates registered for GST/HST also file Form GST352 along with Form TX19. For an estate, the request package includes the following.

CRA acknowledges the request within 45 days, and the assessment can take up to 120 days if the documents are complete. Missing documents can slow things down, so check the list before you send.

What the certificate does and does not do

Once a certificate is issued, liability for unpaid tax rests on the estate, trust, corporation, beneficiaries or others who received the distributed assets, and no longer on you as representative.

The certificate covers only amounts owing when it is issued. If more assets are found later, you need another certificate before distributing them.

The certificate does not mean that nobody else can ever be liable. Recipients of RRIF amounts, for example, are jointly and severally liable with the deceased for part of the deceased's tax for the year of death under s. 160.2(2), so CRA can collect that tax from the recipient. Whether someone else is exposed depends on the facts, and a lawyer can confirm.

Limits, alternatives and next steps

SituationWhat generally applies
Insolvent estateA certificate generally cannot be obtained if the estate lacks enough assets to pay all the tax, interest and penalties owed to CRA.
Large tax from deemed dispositions at deathYou can elect under s. 159(5), and give security acceptable to the Minister, to pay that tax in up to 10 equal consecutive annual instalments.

For the instalment option, the first instalment is due on the normal payment date and each later one on the anniversary of that date.

Frequently asked questions

Can I make a partial distribution before I get the certificate?

The rule requires a certificate before distributing property under your control, and distributing without one can leave you personally liable up to the value distributed. If you are considering an early payment, get advice first.

Do I send Form TX19 with the tax returns to save time?

No. The request is made after all returns have been filed and assessed and the amounts owing are paid or secured, and it should not be sent at the same time as the returns.

How long does CRA take to issue a certificate?

CRA acknowledges the request within 45 days, and the assessment can take up to 120 days if the documents are complete.

What if I find another asset after the certificate is issued?

The certificate covers only amounts owing when it was issued, so you need another certificate before distributing the newly found assets.

Sources

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

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

This is a wills & estates question

Start a file online — flat, published fees, reviewed by a licensed lawyer before a dollar is owed.

ContactStart a File →