Apply for a clearance certificate

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 died

You 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.

Distributing assets without a clearance certificate

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.

When to apply for a clearance certificate

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:

Prepare your request

Forms and supporting documents you need

For an estate of someone who has died

If the person who died also had a GST/HST number, you will also need to complete Form GST352, Application for Clearance Certificate.

Supporting documents

Send the CRA the following supporting documents, unless you have already submitted them: