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Gifts of Securities
If you want to attract planned gifts to your organization but have very limited time and resources, I recommend you implement a simple marketing plan to encourage gifts of publicly traded securities.Why Gifts of Securities?
The Canadian government has recently passed legislation that allows donors to gift securities (stocks, bonds, mutual funds, and income trusts) to charities and pay no capital gains tax. Donors with investments that have grown in value can donate the investments and pay no tax. In fact, donors can actually make money on their gifts if the charitable tax credit exceeds the cost of their original investment!What’s the Potential?
It is estimated that Canadians hold a total of $1.3 trillion in securities and about half of that is capital gains. Gifts of securities are a great way for donors to give to the charity of their choice rather than the tax man. Gifts such as these have been rising steadily from $69 million in 1997 to $200 million in the year 2000. It is predicted that Canadians will give $600 million to $1 billion in securities in 2006!How Does it Work?
Thank you to Terry Fahr for providing this RBC Dominion Securities Bulletin Wealth Management Charitable Donation of Securities August 17, 2006This publication is not intended as nor does it constitute tax or legal advice. Readers should consult their own lawyer, accountant or other professional advisor when planning to implement a strategy.
This article is for information purposes only. Please consult with a professional advisor before taking any action based on information in this article
The net effect for taxpayers in all tax brackets is that the portion of the charitable donation in excess of the first $200 will result in a tax savings approximately equal to the top marginal tax rate.
The following table summarizes the highest marginal tax rates for the provinces for 2006:
|
Province |
Highest Marginal Tax Rate |
|
British Columbia |
43.7% |
|
Alberta |
39.0% |
|
Saskatchewan |
44.0% |
|
Manitoba |
46.4% |
|
Ontario |
46.4% |
|
Quebec |
48.2% |
|
New Brunswick |
46.8% |
|
Prince Edward Island |
47.4% |
|
Nova Scotia |
48.3% |
|
Newfoundland and Labrador |
48.6% |
|
Yukon |
42.4% |
|
Northwest Territories |
43.1% |
|
Nunavut |
40.5% |
Combining the Elimination of the Capital Gain and the Donations Tax Credit
When you donate a security with accrued capital gains, you benefit from the elimination of the capital gain plus the donation tax credit. The combined tax savings can be quite impressive. The following example illustrates this point by comparing two alternatives for donating securities with a FMV of $50,000 and an Adjusted Cost Base (ACB) of zero.
|
Sell shares and donate cash |
Donate shares directly | |
|
FMV of donation (a) |
$50,000 |
$50,000 |
|
Adjusted cost base |
0 |
0 |
|
Capital gain |
50,000 |
50,000 |
|
Taxable capital gain |
25,000 |
0 |
|
Tax on capital gain @46% (b) |
11,500 |
0 |
|
Tax savings from donation tax credit (c) |
23,000 |
23,000 |
|
Total cost of donation = (a) + (b) – (c) |
38,500 |
27,000 |
The two examples above demonstrate that there is a tax savings to be realized by donating publicly traded securities with appreciated gains compared to first selling the publicly traded securities and then donating the proceeds. In the above example, a savings of $11,500 ($38,500 – $27,000) would be realized by choosing to donate the appreciated property instead of selling it and donating the proceeds. The difference is a direct result of the eliminated capital gains on the donated securities.
Other Strategies to Maximize the Tax Benefit of Donations
Several strategies may be combined with the elimination of the capital gains on donated securities to enhance the tax benefits.
DONATE SHARES TO ELIMINATE TAX ON SALE OF SECURITIES
If you are considering selling securities with an accrued capital gain, then you would trigger a tax liability on the taxable capital gain. Donating the securities may be one alternative to eliminating the taxable capital gain. However, you may not wish to donate all the securities since you may want to reinvest the proceeds or use them for lifestyle expenses. In this case, you may want to donate a portion of your securities and sell the remaining portion. As a result, the donation tax credit on the portion of the securities that you donate can reduce the tax liability on the capital gain triggered on the disposition of the remaining portion (i.e. portion not donated). This begs the question, what portion of my securities do I need to donate so that the tax on the securities that I sell will be eliminated? The following formula should be used in order to calculate the FMV of the shares to be donated in order to eliminate the tax on the sale of the securities that you retain:
FMV of the Donated Securities = (FMV)(FMV – ACB)
(3FMV – ACB)
Here is an example to illustrate assuming a FMV of securities of $50,000 with a zero ACB:
FMV of the Donated Securities = ($50,000) x ($50,000 - $0)
(3 x $50,000 - $0)
FMV of the Donated Securities = $16,667
Thanks again to Terry Fahr of RBC Dominion Securities for these examples, for more information visit http://www.terryfahr.com/
