Although charities have benefited from the capital gains exemption for donated securities, Canadians should probably be giving even more this way suggest TD Bank Financial Group economists in a new report.

TD notes that it has now been one year since the decision to allow donations of publicly-listed securities to public charities to be exempt from capital gains taxation took effect and that “data showing the donor response are not yet available, but the anecdotal evidence suggests that the charitable sector has benefited significantly,” it says.

“We expect that when the data are finally published they will show a surge in donations of shares in 2006,” adds the report. “However, the pace might moderate in 2007, since some individuals may have delayed making stock donations in 2005 until 2006 in anticipation of the new capital gains tax exemption.

“There is every reason to believe that donations of securities will prove strong in the years ahead, but there is still a sense that greater public recognition of the advantages of doing so is needed,” it adds. “Many Canadians still tend to think of cash first when considering charitable giving, despite the fact that in many cases it makes more sense to make contributions of securities.”

The report notes that there is about $700 billion in unrealized capital gains in the securities held by Canadians, and it expects the capital gains pool will continue to expand in the years ahead.

“Our conservative estimate is that the total return on the S&P/TSX, excluding dividends, should average 5% per annum over the coming decade. Under this assumption, and allowing for continued net purchases of securities, the total market value of shares outstanding could exceed $3 trillion in 10 years’ time and as much as two-thirds of the total could represent capital gains,” it says.

“Canadians will pay enormous taxes when these securities are eventually sold. Moreover, the outlook is for financial returns to remain relatively modest by historical standards, implying that tax minimization should be a priority for investors,” the report adds.

So, individuals looking to make charitable donations “can do so and at the same time minimize tax payments by giving securities. Contributing securities is highly attractive because the individual receives a tax credit for the donation and also avoids paying taxes on the capital gains accumulated on the securities. Donating securities directly is also superior to selling the securities and then donating the cash received,” it says.

TD counsels that donors should choose to give the securities that have experienced the greatest capital gain per share. They may also want to make donations when unexpected taxable events occur, such as a taxable M&A deal.

Also, the 2006 federal budget allowed donations of shares acquired by exercising employee stock options to be exempt from capital gains taxation. “Again, Canadians tend to think of donating cash first, but other choices such as giving options can be advantageous,” the report notes. “When stock options are exercised, any gain is considered employment income and it is typically taxed at capital gains tax rates. In order to minimize the tax hit, stock option holders may wish to donate some of them to charities.

“If an executive has a charitable intent, there can also be a diversification argument for donating options as part of an effort to rebalance portfolio holdings. A core belief in financial planning is the importance of diversification. However, salaries, bonuses, stock options, and employee stock participation plans mean that most executives, and most employees for that matter, are overly reliant upon the financial performance of one firm. This arrangement gives the executive a strong incentive to work on behalf of shareholders, but it also leaves them heavily leveraged and exposed to company-specific shocks.”

TD stresses that donations are still an act of generosity, noting that an individual would be financially better off selling the securities for cash and retaining the funds for personal spending or investment.

“The tax credit and the elimination of capital gains taxation are not sufficient to fully offset the value of the securities. However, the federal and provincial governments have deliberately reduced the financial burden of giving by providing tax incentives,” the report says. “Donors should not feel guilty about taking advantage of the preferential tax treatment, since it is the intent of governments to help encourage greater contributions to charities. In the end, the donations of securities are good for charities, they are an act of generosity and caring on the part of Canadians, and it is the purpose of the recent government legislation.”