Mr. X and Mrs. X are married under the community of property regime and Mr. X is the sole shareholder of Realty Co. If Mr. X survives Mrs. X, all of the shares in Realty Co would be left under his will to a registered charity, whereas if she survives him and accepts the community (and refuses the will), 50% of the Realty Co shares would be her property, with the remaining 50% left by Mr. X to a registered charity.
In the course of a general discussion, CRA stated:
[I]f immediately after the time of transfer of ownership of the shares of a corporation to the charity, the estate no longer controls and does not deal at arm's length with the corporation, the shares would not be non-qualifying securities to the deceased individual. Pursuant to the provisions of subsection 118.1(5), the deceased individual may therefore be entitled to a deduction in computing the individual’s tax payable under subsection 118.1(3) for the taxation year of death.