Can the s. 110(1)(d.01) deduction be made from a benefit deemed to have been received by a deceased employee under s. 7(1)(e) where, following the death, any of the persons referred to in s. 110(1)(d)(i)(B) acquires the securities under the agreement, if those securities are securities described in s. 38(a.1)(i) and that person donates them to a qualified donee during the year and no later than the 30th day following the day on which that person acquired the securities? CRA responded:
[T]he preamble to paragraph 110(1)(d.01) refers only to a benefit deemed to have been received under paragraph 7(1)(a).
In addition, the preamble to paragraph 110(1)(d.01) requires, in particular, that the taxpayer who wishes to claim the deduction, must dispose of the security acquired under an agreement referred to in subsection 7(1) by making a gift of the security to a qualified donee within the time limit set out in subparagraph 110(1)(d.01)(iii). That condition cannot be satisfied where it is a person other than the employee deemed to have received a benefit by virtue of subsection 7(1) who acquires the securities and disposes of them by way of gift to a qualified donee.
Consequently, the deduction provided for in paragraph 110(1)(d.01) is not applicable in respect of a benefit deemed to have been received by a deceased employee by virtue of paragraph 7(1)(e).