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Response to Budget 2023 Draft Legislation

Three recommendations: 

  1. Amend the AMT calculation such that that the capital gain calculated on a FTS from a deemed nil cost up to the purchase price, not be included in the AMT calculation. 
  2. Eliminate of the proposed capital gains tax on donated gifts of securities, and allow donors to use the full donation tax credit when calculating AMT. 
  3. That a post amble be added to the interpretive rules in proposed subsection 245(4.1) ITA to include the following: “but does not include a transaction or series entered into for the purpose of issuing a flow-through share for which an information return has been filed with the Minister under subsection 66(12.68).” 
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