Charitable Gift Options: Gifts of Real Estate

A gift of real estate can enable a donor to make a bigger charitable difference than they thought possible. If given as a bequest it can reduce estate taxes and minimize or eliminate a burden placed on heirs.

Charitable gifts of real estate range from personal residences and vacation homes to rental properties, farmland, and commercially developed land.

A donor may also choose to give the gift immediately if they realize they no longer require a property, or they may consider retaining the use of the property during their lifetime and leaving the property to their chosen charity in the form of a Charitable Remainder Trust and claiming a tax credit for the charitable portion of the gift.

Gift Examples

  • Principal residence
  • Cottage or vacation property
  • Investment property
  • Farmland
  • Vacant land

Benefits to the Donor

  • Donation receipt for fair market value of property
  • Capital gains tax on 50% of gain (except for gifts of principal residence or ecological sensitive land) is offset by donation receipt

Most Appropriate for

  • Donors who no longer wish to retain vacation or investment properties

Example

Mr. and Mrs. Marconi rarely use the cottage they purchased thirty years ago for $60,000. They had considered selling it but decided instead to contribute it to a charity with which they have long been supporters. An appraisal of the property determines its current fair market value to be $300,000. Their net income from other sources is $150,000 per year, and both their combined tax rate and their combined tax credit are assumed to be 45%.

Tax on Gain

Capital gain recognized ($300,000 - $60,000) 240,000
Taxable gain (50% of $240,000) 120,000
Tax on gain 54,000

Tax Credit

Donation receipt 300,000
Tax credit 135,000

Net Tax Savings

Tax credit 135,000
Tax on gain - 54,000
Net tax savings 81,000

For illustration purposes a combined tax rate of 45% was used. Please note that combined tax rates vary across the provinces. 2009 tax table.

Note to reader: The purpose of this publication is to provide general information, not to render legal advice. In addition any changes in the tax structure may affect the examples listed in this information. Your client should consult their own lawyer or other professional advisor about the applicability of this information to their situation.

Vacation cottage in Canada

Additional Resources

Gifts of Real Estate – Client info sheet [PDF]
(add your own label or stamp to customize it for your clients)

Donor Story

Sandra and Cliff Stewart owned a summer home and had no heirs interested in inheriting it. At first, the Stewarts planned to sell the home and give the proceeds to charity. But after talking with their local community foundation, they realized that giving the home directly to the foundation would create the biggest, most effective gift, while providing the greatest benefits to them as donors.

"It was a great option - we could give our house to charity through the foundation and start any type of fund, not to mention the tax benefits," says Sandra. The Stewarts learned they could also retain use of the home for their lifetime.

"This way," Cliff explains, "we can spend our summers enjoying the home for the rest of our lives. And after our lifetime, the community foundation will use the proceeds to make grants from the Sandra and Cliff Stewart Fund."