CRA is reviewing its administrative practice that a gift can be claimed in a terminal return before it is made

Prior to a change in the rules applicable to deaths after 2015, it was CRA’s administrative practice that ``a donation tax credit can be claimed on the deceased taxpayer’s final return so long as the registered charity receives a letter from the estate advising of the gift and its value and the registered charity issues a letter to the estate acknowledging the gift and stating that it will accept the gift.” Under the new regime, it may no longer be clear that a gift will be claimed in the deceased’s terminal return.

CRA is is still reviewing this administrative practice (but, in any event, such administrative relief will not extend to gifts of property transferred to qualified donees more than 60 months after the individual’s death since these gifts do not meet the conditions of s. 118.1(5.1).)

Neal Armstrong. Summary of May 2018 CALU Roundtable, Q.4, 2018-0745851C6 under s. 118.1(1) – total charitable gifts – (c)(i)(C).