Gifts of publicly traded shares and stock options

If you donated certain types of capital property to a registered charity or other qualified donee, you may be eligible for an inclusion rate of zero on any capital gain realized on such gifts.  

Use Form T1170, Capital Gains on Gifts of Certain Capital Property, if you donated any of the following types of property:

• a share of the capital stock of a mutual fund corporation;
• a unit of a mutual fund trust;
• an interest in a related segregated fund trust;
• a prescribed debt obligation (e.g., government savings bond);
• ecologically sensitive land (including a covenant, an easement, or in the case of land in Quebec, a real servitude) donated to a qualified donee other than a private foundation ; and
• a share, debt obligation, or right [e.g., security (stock) option] listed on a designated stock exchange.

For donations of publicly traded securities, the inclusion rate of zero has been extended to any capital gain realized on the exchange of shares of the capital stock of a corporation for those publicly listed securities donated. This treatment is subject to certain conditions. In cases where the exchanged securities are partnership interests, a special calculation is required to determine the capital gain to be reported. For more information on exchangeable securities, see Pamphlet P113, Gifts and Income Tax.

Under proposed changes, if you did not receive an advantage in respect of the gift, the full amount of the capital gain is eligible for the inclusion rate of zero. If, however, you received or are entitled to an advantage, only a portion of the capital gain is eligible for the inclusion rate of zero. The remainder is subject to an inclusion rate of 50%.

If you donate property to a qualified donee after March 21, 2011, that is at the time of the donation included in a flow-through share class of property, and at that time you have an exemption threshold in respect of the flow-through share class of property, you may be deemed to have an additional capital gain from the disposition of another capital property subject to an inclusion rate of 50%. For more information, see Pamphlet P113.

The amount eligible for the inclusion rate of zero is calculated using the following formula:

To qualify for this tax treatment, you must meet certain conditions. For more information, see the Gifts and Income Tax pamphlet.

Completing your T1170 and Schedule 3

On Form T1170, Capital Gains on Gifts of Certain Capital Property, report the total of all amounts subject to the 50% and zero inclusion rate (see Note below for exception) on line 6823 and/or on line 6825, depending on the type of property.

On line 132 and/or line 153 of Schedule 3, Capital Gains (or Losses) in 2011, report the applicable amounts calculated on Form T1170.

Note
The capital gain realized on an exchange of partnership interests for publicly listed securities that are then donated should not be reported on Form T1170. Instead, the gain should be reported directly on line 174 of Schedule 3.

Attach a completed Form T1170 to your return.

Forms and publications

• Guide T4037, Capital Gains
• Pamphlet P113, Gifts and Income Tax
• Form T1170, Capital Gains on Gifts of Certain Capital Property
• Schedule 3, Capital gains (or losses) in 2011

Related topics

• Line 349 - Donations and Gifts