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My wife and I are Canadians but have lived in the US for more than 20 years. She received a small legacy from an aunt in 2007 and the Trust company withheld 25% non-resident tax (or they would gladly have filed the T2036 for $200, but this was such a small inheritance it was not worth it).

Now, I want to claim a refund for the withholding. We have no taxable income in Canada, and I understand legacies are not taxable (this was a cash legacy, no capital gains, etc.). The trust company does not seem to have sent any tax forms. I e-mailed them to ask what was happening, but no answer.

Could we just file a NR T-1 General, using the letter that came with the check as evidence that the money was withheld, or do we have a right to a T-3 or some other form as proof?

Thanks for any help anyone can provide.

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