Background
At the date of death of B (who had survived her husband A) she held common shares of Holdco and a testamentary spousal trust held the balance of Holdco’s shares. A private foundation (the “Foundation”) that had been established by A and B was the beneficiary of the spousal trust on B’s death. She was deemed to realize a capital gain under s. 70(5)(a) (and the spousal trust realized a capital gain under s. 104(4)(a).)
Proposed transactions
Pursuant to B’s wills, B’s estate will gift its Holdco common shares to the Foundation. Thereafter, Holdco will redeem all of the Holdco common shares held by the Foundation for an amount equal to their fair market value, paid in cash or in kind using the Holdco assets.
Ruling
B will be deemed to have made a gift of property to the Foundation in accordance with s. 118.1(13)(c) if the above redemption occurs and the other s. 118.1(13)(c) conditions are met, and such gift of property will be deemed under s. 118.1(15) to have been made by B in her terminal year.