04/09/2026
30 years doing this — and one thing still makes me pause every time: a trust for a Canadian client without a Canadian tax lawyer in the room.
Trusts are powerful planning tools. They are also, for Canadians specifically, a category where the CRA pays close attention.
The risk is this: if a trust is set up offshore without a clear understanding of how it will be classified under Canadian tax law, the CRA can catch it as a foreign trust. A foreign trust classification carries significant and unpleasant tax consequences. Getting there without proper advice does not just create a problem — it can undo the planning entirely.
I covered this directly at our recent webinar: "the last thing you want, the CRA catches this — the CRA is the Canada Revenue Agency — catches this as a foreign trust, where things get pretty unpleasant. From a taxes standpoint... when it comes to trusts for Canadians, you need to run to your Canadian tax lawyer, to get their blessings on whatever it is that we're going to do."
This applies regardless of the structure being considered — Cayman, portfolio bond, trust, or any combination. If you are Canadian, or if there are any Canadian tax threads in your situation, a qualified Canadian tax lawyer needs to be involved before anything is signed.
Offshore planning and Canadian tax position cannot be designed independently of each other.
This is education, not advice.
Bassem Fawzy, LL.B., PFP
Fellow, Canadian Securities Institute
Vice President (MENA) Elixir Wealth DIFC