Having a clearance certificate confirms that an estate of a person who died, trust, or corporation has paid all amounts of income tax and GST/HST, interest, and penalties it owed at the time the certificate was issued, or that the Minister of National Revenue has accepted security for the payment.
A clearance certificate will allow you, as the legal representative, to distribute assets without the risk of being personally responsible for unpaid amounts the person who died, estate, trust, or corporation might owe to the CRA. Your financial institution or lawyers may also ask you for a clearance certificate.
Once the legal representative has a clearance certificate, the liability for unpaid tax under the Income Tax Act or Part IX of the Excise Tax Act then rests on the estate, trust, corporation, beneficiaries, or other people who have received the distributed assets.
Depending on your situation, determine if you should apply for a clearance certificate:
For an estate of someone who diedYou will need a clearance certificate if:
Generally, you will not be able to get a clearance certificate when the estate of the person who died does not have sufficient assets to pay all of the tax, interest, and penalties due to the CRA.
You will need a clearance certificate if:
If the corporation will continue to operate, instead of a clearance certificate, you may only require a comfort letter.
You will need a clearance certificate if the property of the estate of someone who died or the trust will be distributed.
You will need a clearance certificate if an individual, trust or business with a GST number has assets to distribute or is choosing to close.
If the legal representative does not get a clearance certificate before they distribute assets and there are any tax amounts owing under the Income Tax Act or Part IX of the Excise Tax Act to the CRA, they are personally liable for unpaid amounts, up to the value of the amount of assets distributed.
Do not submit your clearance certificate request at the same time as you file any necessary returns. This will result in a delay in assessing those returns.
A clearance certificate should be requested after:
If the person who died also had a GST/HST number, you will also need to complete Form GST352, Application for Clearance Certificate.
Send the CRA the following supporting documents, unless you have already submitted them:
If you want the CRA to communicate with any other person or firm (such as an accountant, notary, or lawyer) or if you want the clearance certificate sent to any address other than your own, you must authorize a representative:
If the business has a GST/HST account, you will also need to complete Form GST352, Application for Clearance Certificate.
Send the CRA the following supporting documents, unless you have already submitted them:
If you want the CRA to communicate with any other person or firm (such as an accountant, notary, or lawyer) or if you want the clearance certificate sent to any address other than your own, you must authorize a representative:
If the trust had a GST/HST number, you will also need to complete Form GST352, Application for Clearance Certificate.
Send the CRA the following supporting documents, unless you have already submitted them:
If you want the CRA to communicate with any other person or firm (such as an accountant, notary, or lawyer) or if you want the clearance certificate sent to any address other than your own, you must authorize a representative:
You can submit the completed request by mail or fax, or online, using Represent a Client, My Account, or My Business Account.
If you are submitting supporting documents in response to a request for additional information, please include a cover page with the following information to ensure the documents are directed to the appropriate area:
Submit the completed Form TX19 Asking for a Clearance Certificate or Form GST352, Application for Clearance Certificate and any supporting information through the “Submit documents” service in your Represent a Client account.
Representatives do not need to have electronic authorization access to the specific client’s account to submit clearance certificate requests via Represent a Client.
When using the Submit documents service:
For help with income tax clearance certificates, call 1-800-959-8281 .
For help with goods and services tax/harmonized sales tax (GST/HST) or T2 clearance certificates, call 1-800-959-5525 .
Submit the completed Form TX19 Asking for a Clearance Certificate or Form GST352, Application for Clearance Certificate and supporting information through the “Submit documents” service in My Account.
When using the Submit documents service:
As the legal representative (that is, executor), you may login using your My Account access, to submit clearance certificate requests that you are the legal representative for.
For help with income tax clearance certificates, call 1-800-959-8281 .
For help with goods and services tax/harmonized sales tax (GST/HST) or T2 clearance certificates, call 1-800-959-5525 .
My Business Account
Submit the completed Form TX19 Asking for a Clearance Certificate or Form GST352, Application for Clearance Certificate and any supporting information through the “Submit documents” service in My Business Account.
When using the Submit documents service, representatives should select ‘No case or reference number’.
For help with income tax clearance certificates, call 1-800-959-8281 .
For help with goods and services tax/harmonized sales tax (GST/HST) or T2 clearance certificates, call 1-800-959-5525 .
By mail or fax Submit by mail or fax
Mail or fax your completed form and documents to the regional tax services office for your region:
Nova Scotia, New Brunswick, Prince Edward Island, or Newfoundland and Labrador
Nova Scotia Tax Services Office
Estates and Trusts Audit
47 Dorchester St
Sydney NS B1P 6K3
Western Quebec Tax Services Office
Audit – Clearance Certificates
110-151 du Lac Ave
Rouyn-Noranda QC J9X 0G7
GTA East Tax Services Office
Audit – Clearance Certificates
1050 Notre Dame Ave
Sudbury ON P3A 5C1
Coastal and Central British Columbia Tax Services Office
Estates and Trusts Audit
9755 King George Blvd
Surrey BC V3T 5E1
Eastern Prairie Tax Services Office
Audit – Clearance Certificates
Post Office Box 1022
Winnipeg MB R3C 2W2
The CRA will send the legal representative an acknowledgement letter within 45 days of receiving the request for a clearance certificate.
The assessment can take up to 120 days, assuming all of the necessary documents were provided. However, in certain situations, the CRA may need to do an audit before it issues the clearance certificate.
If your request is denied, you will be advised what information is missing, or what actions are required to be completed. You will be able to reapply for a clearance certificate once you have addressed these issues.
If you have not received your certificate, have been denied a certificate or a clearance certificate officer has not contacted you within 120 days, contact the CRA
Contact the CRA at the number for the type of clearance certificate you are applying for:
When issuing a clearance certificate, the CRA reviews all known information available to verify all balances owing have been paid or secured.
Once the legal representative has received a clearance certificate, they are then able to distribute assets without the risk of being personally liable for unpaid amounts the person who died, estate, trust, or corporation might owe to the CRA under the Income Tax Act or Part IX of the Excise Tax Act. The liability then rests on the estate, trust, corporation, beneficiaries, or other people who have received the distributed assets.
After you receive a clearance certificate, you may discover new assets or another property that affects the amounts of income or capital gains you reported on the tax return(s) of the person who died.
If this happens, the legal representative will have to get another clearance certificate before they distribute the newly identified property. Contact the regional tax services office where you filed your clearance certificate request for more information.