What is an Ontario Estate Information Return (EIR)?

This post provides basic information about Ontario’s Estate Information Returns (EIR).

Ontario executors must file provincial Estate Information Returns 180 calendar days after estate courts issue your certificate of appointment. Your duty is to comply with Ontario’s Estate Administration Tax Act.

The government has a guide to explain your responsibilities. The government’s guide to the Estate Information Return can be found here.

The government states the purpose of the EIR is to:

1. Determine the fair market value of the estate,
2. Calculate estate administration tax (EAT) estates must pay,
3. Assess all estate taxes due and impose penalties.

The EIR details the value of the estate used to calculate the EAT paid to the estate court. The EIR must be signed by all estate trustees. The EIR form does not have to be signed in front of a lawyer or notary. You should retain a copy of the EIR for your file.

EIR Requirements

Applications for estate certificates are filed with the Superior Court of Justice. You do not file the EIR at the time you apply for your court certificate.

Once you have your certificate of appointment, the EIR is filed online with the Ministry of Finance. The EIR must be filed within 180 calendar days of the date the estate certificate was issued.

Making a false or misleading statement is an offence under the Act. There are deadlines for filings as well.

Offences are punishable by fines and imprisonment including:

a) Fines of at least $1,000, but not greater than twice the amount of the tax payable by the estate if more than $1,000.
PLUS
b) Imprisonment for up to two years.

Estate Information Returns (EIR)

Your duty as estate trustee is to provide information about all estate assets. This allows the government to assess and audit the estate for provincial tax (EAT). Fair market value of estate assets is required as of the date of death.

You must provide details for each category of assets in an online filing since early 2025. You submit your completed EIR for delivery to the government.

The EIR collects specific details in five different categories:

1. real estate in Ontario
2. bank accounts
3. investments
4. vehicles and vessels
5. other property

Each category has different requirements.

When bank accounts and investments are held by advisors or institutions, they can provide a breakdown of the information that can be filed.

The category “other property” is a catchall. It includes the value of any business interest, copyrights and trademarks.

Included items are household contents, art, jewelry, and any loans that may be owing to the deceased.

You may have prepared a preliminary estate inventory of assets and liabilities. Your records and supporting statements or records must be kept for inspection. If you have located additional assets, you are required to pay additional EAT.

The asset inventory does not need to include every cup and saucer. What is relevant is the value for estate tax purposes.

Liabilities for the Estate

Only mortgages on land in Ontario are deducted to calculate the provincial estate tax.

Liabilities such as funeral expenses are not deducted on the EIR. Credit card debts are also not deducted unless secured as mortgages.

Retaining Estate Records

You will need to keep your estate inventory and supporting paper and digital records.

The Ministry can assess or reassess the values on your EIR. This can happen years later. You will have the right to appeal or object to the notice of assessment. Your records must cover any appeal period, which can be 6 years or more.

Your records may also be needed for federal income tax purposes.

Subsequently Discovered Estate Assets

What if you subsequently find new estate assets? You will need to take two steps.

First, you need to swear an affidavit to explain this to the estate court. You will pay additional estate tax then.

Second, you must deliver an amended EIR to the Ministry of Finance.

Corrections or incomplete information on the EIR create complications. You must deliver a new EIR to explain any corrections or incomplete information if you find additional assets not included in your probate inventory.

Keep proof of delivery to avoid any late filing penalties or assessments.

How to Get Started

Need help during your journey as an Ontario estate trustee? Contact me for a meeting. I have helped estate trustees for decades to solve estate issues by going to court or through mediation.

I can offer you a meeting to discuss your needs by Zoom or in-person in my Toronto west-end office. Arrange your no-obligation meeting today to avoid making any scary mistakes.

I am a Certified Specialist in Estates and Trusts Law. I can give you expert tips to end your estate worries.