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ARTICLE · 16 AUGUST 2023

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Gifts Of Ecologically Sensitive Land

Miller Thomson
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Gifts of private land are becoming increasingly important to the preservation of Canada's environmental heritage. The federal EGP provides a way for Canadians who hold ecologically sensitive land to simultaneously protect nature ...

CanadaTax
Gwenyth Stadig
Gwenyth Stadig
Sarah Hallman-Krul
Sarah Hallman-Krul
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Gifts of private land are becoming increasingly important to the preservation of Canada's environmental heritage. The federal Ecological Gifts Program (the "EGP") provides a way for Canadians who hold ecologically sensitive land to simultaneously protect nature for future generations and attract favourable tax consequences. This article briefly addresses the benefits, requirements and risks of donating ecologically sensitive land.

Benefits of Donation

Two sections of the Income Tax Act (Canada) (the "ITA") govern gifts of ecologically sensitive property. Subsection 118.1(1) of the ITA governs gifts for individuals, while subsection 110.1(1) governs gifts for corporations. In Quebec, the process is also governed by the Quebec Taxation Act (Quebec). If the requirements are met, corporate donors may deduct the amount of their ecological gift directly from their taxable income. An individual donor receives a non-refundable tax credit. In addition, the tax payable on

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