- The Estate Information Return is due within 180 calendar days after the estate certificate is issued, even if the estate is worth $0.
- If you learn the return is wrong or incomplete, you must file an amended return within 60 days of finding out.
- Failing to file, or making a false or misleading statement, is an offence that can bring a fine, imprisonment, or both.
If you have been named estate trustee, getting the certificate from the court can feel like the finish line. It is not. Ontario also expects you to report on the estate to the Ministry of Finance after the certificate is issued.
This article explains the filing deadline, what to do if the return turns out to be wrong, and the consequences of filing late or inaccurately. Every estate is different, so a lawyer or accountant can confirm how this applies to yours.
What the Estate Information Return is
For estate certificate applications made on or after January 1, 2013, the estate representative must give the Minister information about the deceased's estate, within the time and in the manner the Minister of Finance prescribes. In practice, this is the Estate Information Return.
It is separate from paying Estate Administration Tax. The tax is a payment based on the value of the estate, while the return is a report about the estate. You can have to deal with both, and each has its own rules.
The 180-day deadline
The estate representative must file the return with the Ministry of Finance within 180 calendar days after the estate certificate is issued. This applies even if the estate is worth $0.
Small estates are not excused. For applications made on or after January 1, 2020, no Estate Administration Tax is payable on estates worth $50,000 or less. Even so, the return must still be filed within 180 calendar days of receiving the certificate, and that includes a Small Estate Certificate.
There are limited exceptions. No tax is owed and no return is required for certain succeeding estate trustee certificates or a Certificate of Appointment of Estate Trustee During Litigation. If no certificate is issued, no tax is owed and the deposit is refunded.
Fixing a return that was wrong or incomplete
Mistakes happen, especially when assets surface late. If the representative learns that a return is wrong or incomplete, they must file an amended return within 60 days of finding out. A newly found asset is reported at its fair market value on the date of death.
Estimates need extra care. If the deposit was based on an estimated estate value, the applicant must give an undertaking. They must then file a sworn statement of the actual value and pay any extra tax within six months after giving the undertaking.
- Note the date the certificate was issued and count 180 calendar days from it.
- Keep a list of every asset and its value at the date of death.
- If you find an error or a new asset, note the date you found it, because the 60 days run from then.
- If you gave an undertaking on an estimated value, diarize the six-month date.
Penalties and time limits
Failing to comply with the return requirement is an offence, and so is making a false or misleading statement in the return. Where the tax payable exceeds $1,000, the fine is at least $1,000 and up to twice the tax payable. The penalty can also be up to two years' imprisonment, or both.
For the false or misleading statement offence, the Act includes a due-diligence exception. Whether it could help in a given case depends on the facts, so get advice early rather than relying on it.
There is also a long reach-back. The Minister may assess or reassess Estate Administration Tax within four years after the day the tax became payable. If a person failed to file the return, made a misrepresentation or committed fraud, the Minister can assess at any time.
| Situation | Consequence |
|---|---|
| Return filed late or not filed | Offence; assessment possible at any time |
| False or misleading statement | Offence, subject to a due-diligence exception |
| Tax payable over $1,000 | Fine of at least $1,000 and up to twice the tax |
| Return filed correctly | Ordinary four-year assessment period |
What to do next
Treat the return as part of the estate's to-do list from the day the certificate arrives. Gather bank statements, property records and account balances early, so the values you report can be backed up later.
- Put the 180-day date in your calendar as soon as the certificate is issued.
- File even if the estate is small or worth nothing.
- If you discover a mistake, correct it promptly rather than waiting.
- Ask a lawyer or accountant if you are unsure how to value an asset or whether a particular certificate needs a return.
Frequently asked questions
When is the Estate Information Return due in Ontario?
It is due within 180 calendar days after the estate certificate is issued. The deadline applies even if the estate is worth $0.
Do I file a return if the estate is under $50,000?
Yes. Even when no tax is payable because the estate is worth $50,000 or less, the return must still be filed within 180 calendar days of receiving the certificate, including a Small Estate Certificate.
What if I find an asset after filing?
You must file an amended return within 60 days of finding out the return is wrong or incomplete. The new asset is reported at its fair market value on the date of death.
Can the government reassess years later?
Generally the Minister has four years after the tax became payable. If the return was not filed, or there was a misrepresentation or fraud, the Minister can assess at any time.
Sources
- Ontario.ca – Estate administration tax — ontario.ca
- Estate Administration Tax Act, 1998 (e-Laws) — Ontario e-Laws
- Ontario.ca – Probate of a small estate — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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