Is s. 7(1.31)(b) elective, so that a taxpayer can choose to not designate the shares and use the cost-averaging method in a situation where the options are exercised and the shares are donated to a charity within 30 days? CRA responded:
The CRA is of the view that a taxpayer is not required to make that identification in the taxpayer’s return, even if the taxpayer satisfies the other conditions of subsection 7(1.31).
However, where a taxpayer does not make that identification in the taxpayer’s return, it is subsection 7(1.3) that will establish the order of disposition of the securities that are identical properties. …
Depending on the circumstances, the application of the presumptions in subsection 7(1.3) could result in the requirement of paragraph 110(1)(d.01) in respect of the acquisition of securities in the year of disposition not being satisfied.