6.Donations of Flow-thru Shares (“FTS”)
•Currently, the combined effect of the deduction of the “flow-thru” expenses, the elimination of the capital gains tax, and the charitable donation deduction or credit substantially reduces or virtually eliminates the after-tax cost of making a charitable donation of FTS
•The Budget proposes to limit the availability of the exemption from tax on capital gains where FTS are donated to a qualified donee to the extent that the cumulative capital gains in respect of the gift exceeds the original cost of the FTS
•The proposed rules apply where a taxpayer acquires shares issued pursuant to a FTS agreement entered into on or after March 22, 2011
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