Where a corporation realizes both business income and a capital gain in the year in which it makes a gift, the mechanism for calculating the corporation's tax liability for that year under s. 123.4 results in the gift not reducing the tax payable on the taxable capital gain, which is taxed at a higher rate. Could CRA allow the donation deduction from the taxable capital gain realized on the sale of a business where the donation occurs in the same year as the sale and business income is also realized in the same year? After noting that the s. 123.4(2) deduction is determined by applying the general rate reduction percentage for the year to the corporation’s “full rate taxable income” for the year, CRA stated:
Where a corporation is a CCPC, full rate taxable income is determined under paragraph (b) of that definition … [and] is its taxable income subject to tax under subsection 123(1) reduced by, inter alia, its aggregate investment income as defined in subsection 129(4).
Aggregate investment income includes, inter alia, the eligible portion of taxable capital gains.
There is no provision … that allows a charitable deduction to be taken into account in computing a corporation's aggregate investment income