Tax Saving Dollar Value of Qualified Disability Trusts

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Estate Planning - Trusts - Foreign Property - Guardianship - Divorce - Disabled Kids - Handicapped Adults

A Qualified Disability Trust (QDT) serves as a critical tax-planning tool for families in Alberta, specifically designed to protect the financial well-being of individuals eligible for the Disability Tax Credit (DTC). While most modern trusts are subject to the highest marginal tax rate on every dollar of retained income, a QDT is uniquely permitted to use the graduated tax brackets applicable to individual taxpayers. To qualify, the trust must be testamentary (created via a will), resident in Canada, and must elect jointly with DTC-eligible beneficiary to hold this status. This designation allows the trust to accumulate and reinvest income at much lower initial tax rates than a standard inter vivos or non-qualified testamentary trust, which would otherwise be taxed at the top rate immediately [more on specifics of a Qualified Disability Trust].

The primary advantage lies in the substantial discrepancy between Alberta’s graduated rates and the flat top-tier rate applied to regular trusts. For the 2026 tax year, a standard trust in Alberta faces a combined federal and provincial flat tax rate of approximately 48% on all taxable income. In contrast, a QDT benefits from a bottom bracket starting at significantly lower rates; specifically, the first $61,200 of income in a QDT is taxed at a combined rate of only 22% (14% federal and 8% provincial). This means that for the first tier of earnings, a QDT pays less than half the tax that a non-qualified trust would pay on the exact same amount of income.

To understand the significance this discrepancy we can postulate as to its impact through various examples, first considering a trust that earns $50,000 in annual investment income and retains it for future care. A standard trust would be taxed at the top marginal rate of 48%, resulting in a tax bill of $24,000. However, because the QDT uses graduated rates, that same $50,000 would be taxed at the lowest bracket of 22%, totaling only $11,000. This single-year difference results in $13,000 of additional capital remaining within the trust to provide for the beneficiary’s medical needs, housing, or specialized equipment, showcasing how the QDT prevents the rapid erosion of trust capital.

The tax savings become even more pronounced as income increases, though they eventually stabilize as the trust reaches higher brackets. If the trust income were $100,000, a standard trust would owe $48,000 in taxes. A QDT, however, would pay 22% on the first $61,200 (approx. $13,464) and roughly 30.5% on the remaining $38,800 (approx. $11,834), for a total of roughly $25,298. Even at this higher income level, the QDT saves the family over $22,700 in taxes compared to a standard trust, effectively doubling the purchasing power of the trust’s annual earnings for the disabled individual.

As such, utilizing a QDT in Alberta should be a strategic imperative for long-term disability planning. By accessing these graduated rates, the trust functions more like a living person for tax purposes, recognizing that the funds are intended for essential support rather than high-end wealth accumulation. However, trustees must remain vigilant; the QDT status requires an annual joint election with the beneficiary and is subject to recovery tax if the trust loses its qualification or if capital is distributed to non-eligible beneficiaries. Properly managed, it remains the most efficient vehicle for ensuring a legacy of care is not unnecessarily diminished by the highest levels of taxation.

Contact our law firm today to learn how our legal team can help you plan for the future, including wills, trusts, powers of attorney, personal directives and other estate planning documents, or deal with the legal demands associated with the passing of a loved one. Contact our law firm at 403-400-4092 or via email at Chris@NeufeldLegal.com to schedule a confidential initial consultation.


Qualified Disability Trust

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