- The Estate Information Return must be filed with the Ministry of Finance 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 under the Estate Administration Tax Act, 1998.
Once an estate certificate has been issued, your work as estate trustee is not finished. One of the first duties that follows is reporting information about the estate to the Ministry of Finance, and it is easy to overlook if you assume a small or simple estate has nothing to report.
This article explains who must file the Estate Information Return, when it is due, how to fix it if something turns out to be missing, and what can happen if it is not filed or is filed incorrectly. Your situation may have details that change the answer, so a lawyer or accountant can confirm how this applies to you.
Who must file and by when
Under the Estate Administration Tax Act, 1998, s. 4.1, 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. The deadline set in the Ministry guidance is 180 calendar days after the estate certificate is issued.
The timing rules come from Ministry of Finance guidance and the regulation under the Act. The Act itself leaves the timing to the Minister. Check the current Ministry instructions when you file.
Even for small or $0 estates
The return is required even if the estate is worth $0. A low value does not remove the duty.
For applications made on or after January 1, 2020, no Estate Administration Tax is payable on estates worth $50,000 or less. Above that, the tax is $15 for each $1,000 or part of $1,000 by which the estate exceeds $50,000. Even when no tax is payable for that reason, the return must still be filed within 180 calendar days of receiving the certificate, and this includes a Small Estate Certificate.
Since April 1, 2021, a small estate for probate purposes is one worth $150,000 or less. That is a different threshold from the $50,000 tax exemption, so do not confuse the two.
When no return is required
No tax is owed and no Estate Information 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.
Which certificate you hold matters, so confirm the type of certificate you received before deciding that you are exempt.
Estimated values and corrections
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.
If you learn that a filed return is wrong or incomplete, you 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.
- Estimated value: sworn statement of actual value and any extra tax within six months of the undertaking.
- Error or omission found: amended return within 60 days of finding out.
- Newly found asset: report it at fair market value on the date of death.
Risks of not filing or filing incorrectly
Failing to comply with s. 4.1 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 a false or misleading statement, s. 5.1(3) gives a due-diligence exception. Whether it applies depends on the facts, so keep a record of the steps you took to find and value assets.
There is also a time risk. The Minister may normally assess or reassess the tax within four years after the day it became payable. If a person failed to comply with s. 4.1 or made a misrepresentation or committed fraud, the Minister can assess at any time.
What to do next
- Note the date the estate certificate was issued and count 180 calendar days from it.
- Confirm the type of certificate you hold and whether an exemption applies.
- Gather asset and debt records so values are accurate when you file.
- If the deposit was based on an estimate, diarize the six-month deadline for the sworn statement.
- If you later find an error or a new asset, act within 60 days.
- Keep copies of everything you file and of how you valued assets.
If you are unsure about a value, a deadline or whether you are exempt, speak with a lawyer or accountant before filing.
Frequently asked questions
Do I have to file if the estate is worth nothing?
Yes. The return must be filed within 180 calendar days after the certificate is issued, even if the estate is worth $0.
Does a Small Estate Certificate need a return?
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 another asset after filing?
You must file an amended return within 60 days of finding out. The asset is reported at its fair market value on the date of death.
Can the Ministry reassess the tax years later?
Generally the Minister has four years after the tax became payable. If s. 4.1 was not followed, 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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