7 October 2016 APFF Financial Strategies and Instruments Roundtable Q. 8, 2016-0651731C6 F - Gift by a Former Graduated Rate Estate -- summary under Subsection 118.1(5.1)

Where an estate which otherwise would still be a graduated rate estate but for the passage of 36 months from the date of death makes a charitable gift in Year 5 of the estate (i.e., within 60 months of the death as required by s. 118.1(5.1)), that gift can be claimed in the year of death of the deceased or in the preceding year (s. (c)(i)(C) of the “total charitable gifts definition”), or (under s. (c)(ii)(A)) in the year of the gift or in one of the five following years (i.e., in Years 5 to 10), but cannot be claimed in any of Years 1 to 4.