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Published: February 17, 2022

Last Updated: February 25, 2022

David Rotfleisch, a tax lawyer with Rotfleisch & Samulovitch P.C. in Toronto, explained why all owned capital property is deemed to have been sold immediately prior to death for proceeds equal to the fair market value of the property and shared his thoughts on what we should do regarding this information.

“A graduated rate estate structure can enable the estate to avoid double taxation as well as enjoy flexible tax year-end elections. Upon death, capital gains can be more effectively deferred and mitigated with estate planning when making a will,” said Rotfleisch.

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"This article provides information of a general nature only. It is only current at the posting date. It is not updated and it may no longer be current. It does not provide legal advice nor can it or should it be relied upon. All tax situations are specific to their facts and will differ from the situations in the articles. If you have specific legal questions you should consult a lawyer."

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