Jan 19, 2022
As we advised in Tax Tip 20-04 , significant additional disclosure and filing requirements for trusts were announced in the 2018 Federal Budget and are scheduled to apply for trust’s 2021 and subsequent tax years.
“Detailed records are necessary to calculate the cost base of stock option deferral shares.”
A few years ago, the Department of Finance issued new rules with regard to the deferral of stock option benefits on stock options of public company shares. Before these new rules, the only way that a stock option benefit could be deferred until the sale of the shares was if the stock option was in respect of private company shares. The Department of Finance issued new rules, allowing for a deferral of the stock option benefit where the value of the shares at the time that the stock option was granted did not exceed $100,000. If the taxpayer received stock options where the value of the shares exceeded $100,000, the taxpayer could still defer a portion of the stock option benefit until the shares were actually sold.
One of the complicated areas in these new rules is the calculation of the cost base of the shares that were received when the stock option was exercised. This becomes more complicated when there are shares purchased on the open market mixed with shares received through the exercise of a stock option.
Where there are two groups of shares, the stock option shares are kept in a separate “bundle” in calculating the adjusted cost base of the stock option shares. Moreover, there is a rule that states that the shares that have no stock option deferral on them are deemed to have been sold before the shares for which there is a stock option deferral. These rules are of benefit to taxpayers in that they do not have to bring the stock option benefit into income until the deferred shares are sold. Even within the stock option deferral shares, there can be a further separation of the shares. If options are exercised and sold within 30 days, a taxpayer can elect to have the cost base of those shares specifically isolated and not grouped with the other deferred shares.
Advisors must be careful to separate the various kinds of shares acquired, both through stock options and in the open market and keep track of the timing of when the options were exercised and when the shares are sold.
TAX TIP OF THE WEEK is provided as a free service to clients and friends of the Tax Specialist Group member firms. The Tax Specialist Group is a national affiliation of firms who specialize in providing tax consulting services to other professionals, businesses and high net worth individuals on Canadian and international tax matters and tax disputes.
The material provided in Tax Tip of the Week is believed to be accurate and reliable as of the date it is written. Tax laws are complex and are subject to frequent change. Professional advice should always be sought before implementing any tax planning arrangements. Neither the Tax Specialist Group nor any member firm can accept any liability for the tax consequences that may result from acting based on the contents hereof.
TAX TIP is provided as a free service to clients and friends of Cadesky Tax.
The material provided in Tax Tip is believed to be accurate and reliable as of the date of posting. Tax laws are complex and are subject to frequent change. Professional advice should always be sought before implementing any tax planning arrangements. Cadesky Tax cannot accept any liability for the tax consequences that may result from acting based on the contents hereof.