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ARTICLE · 26 MAY 2015

2015 Federal Budget Announces Welcomed Changes For Charities

Collins Barrow National Incorporated
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Currently, taxpayers are exempt from capital gains tax for charitable gifts of publicly listed securities and gifts of ecologically sensitive land and cultural property.

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Donations of Private Corporation Shares and Real Estate

Currently, taxpayers are exempt from capital gains tax for charitable gifts of publicly listed securities and gifts of ecologically sensitive land and cultural property.  The Budget proposes to provide an exemption from capital gains tax in respect of certain dispositions of private corporation shares and real estate occurring after 2016 provided the following conditions are met:

  • Cash proceeds received from the disposition are donated to a qualified donee within 30 days after the disposition, and
  • The disposition was to a purchaser that deals at arm's length with both the donor and the qualified donee.

Therefore, it will be necessary for the donor to sell the private company shares or real estate to an arm's length purchaser and then donate the proceeds to a qualified donee, in order to qualify for the proposed capital gains exemption.  Where only a portion of the proceeds of disposition are

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