Where a private corporation issues stock options to its employees, which are "in the money" at the time of issuance, and it subsequently becomes a public corporation, employees may exercise their options. Would a gift of the acquired shares allow the employee to benefit both from a s. 110(1)(d.1) and s. 110(1)(d.01) deduction?
After noting that “subparagraph 110(1)(d.01)(iii) provides that the gift must be made in the year and on or before the day that is 30 days after the day on which the taxpayer acquired the security” and that “A taxpayer who wishes to benefit from the deduction provided in paragraph 110(1)(d.1) must inter alia hold the securities … for a minimum period of two years,” CRA stated:
[A] taxpayer who is only eligible for the deduction under paragraph 110(1)(d.1) will not be eligible for the deduction listed in paragraph 110(1)(d.01) because it will be impossible for the taxpayer to satisfy both the requirement of subparagraph 110(1)(d.01)(iii) and that of subparagraph 110(1)(d.1)(ii).