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One of the major considerations in post-mortem planning is the
deemed disposition on death. Subsection 164(6) of the
Income
Tax Act (
ITA ) provides one method
of addressing the deemed disposition. That subsection permits a
graduated rate estate to elect to carry a capital loss from the
first year after death back to the terminal year of the deceased.
The election is available to the extent the capital loss exceeds
any capital gains that arise for the estate in that year. The
carried back capital loss can then help to offset the capital gain