Capital Gains Tax on Investment Property in Canada
Updated
Investment property does not qualify for the principal residence exemption. When you sell, you owe capital gains tax — and potentially CCA recapture — on the profit. Here is how to calculate what you owe, what reduces the bill, and how to plan the sale.
How capital gains tax works on investment property
When you sell a rental or investment property:
Step
Calculation
1. Determine proceeds
Sale price − real estate commission − legal fees
2. Determine adjusted cost base (ACB)
Purchase price + land transfer tax + legal fees + capital improvements
3. Calculate capital gain
Proceeds − ACB
4. Apply inclusion rate
50% on first $250K of gain; 66.67% on amounts above $250K
5. Add to income
Included amount is taxed at your marginal rate
Worked example: selling a rental condo
Item
Amount
Original purchase price (2015)
$350,000
Land transfer tax
$5,525
Legal fees on purchase
$1,500
Kitchen renovation (2018)
$25,000
Adjusted cost base
$382,025
Sale price (2025)
$625,000
Real estate commission (5%)
$31,250
Legal fees on sale
$1,500
Proceeds of disposition
$592,250
Capital gain
$210,225
Taxable amount (50% inclusion)
$105,113
Tax at 43% marginal rate
~$45,198
CCA recapture: the hidden tax bill
If you claimed Capital Cost Allowance (CCA) on the rental property to reduce your rental income tax over the years, you face CCA recapture on sale.
Concept
Explanation
CCA claimed
Depreciation deductions you took against rental income (usually 4% per year on the building, not land)
UCC (Undepreciated Capital Cost)
Original building cost minus total CCA claimed
Recapture
If you sell for more than UCC, the difference (up to original cost) is added to income as regular income
Tax rate on recapture
Your marginal income tax rate (NOT the capital gains rate) — 100% taxable
CCA recapture example
Item
Amount
Building portion of original cost
$250,000
CCA claimed over 10 years
$40,000
UCC at time of sale
$210,000
Building portion of sale price
$375,000
CCA recapture (capped at CCA claimed)
$40,000
Tax on recapture at 43% marginal rate
$17,200
Capital gain on building
$375,000 − $250,000 = $125,000
Important: The CCA recapture is taxed as ordinary income on top of the capital gain. In this example, the total tax impact of selling is the $45,198 capital gains tax plus $17,200 CCA recapture = $62,398.
Should you claim CCA? Many landlords deliberately avoid claiming CCA to avoid recapture on sale. The decision depends on your current vs. expected future marginal tax rate and how long you plan to hold the property.
Reducing your capital gains tax (legally)
Strategy
How It Works
Potential Savings
Maximize your ACB
Track every capital improvement — renovation receipts, legal fees, surveys, appraisals at purchase
Reduces gain dollar-for-dollar
Time the sale
Sell in a year when your other income is low (sabbatical, retirement, between jobs)
Lower marginal rate on the included gain
RRSP contribution
Contribute to RRSP in the year of sale to offset income (if you have contribution room)
Tax deduction offsets some of the gain
Spousal RRSP
If spouse has a lower income, contribute to spousal RRSP to shift the deduction
Optimizes household tax
Capital gains reserve
If buyer pays over multiple years, spread the gain recognition over up to 5 years
Keeps you in a lower bracket each year
Principal residence exemption (partial)
If you lived in the property for some years, you can designate those years under the PRE
Exempt portion = (1 + years designated) ÷ years owned
Transfer to spouse on death
Assets transferred to spouse at ACB on death — no immediate tax
Defers gain until spouse sells
Donate to charity
Donating appreciated real estate can generate a donation tax credit
Complex — consult a tax professional
Land vs. building allocation
When you buy investment property, you must allocate the purchase price between land (not depreciable) and building (depreciable for CCA). This allocation also affects capital gains:
Consideration
Impact
Higher building allocation
More CCA available (reduces rental income tax), but more CCA recapture on sale
Higher land allocation
No CCA available, but no recapture on sale
CRA’s expectation
Allocation should reflect fair market values — typically based on municipal assessment ratios
Multiple investment properties
If you own several investment properties, each is treated independently:
Rule
Detail
Gains and losses can offset each other
A loss on one property can offset a gain on another in the same year
Capital losses carry forward indefinitely
Unused losses from a prior year can offset future gains
Capital losses carry back 3 years
You can apply current-year losses against gains from the past 3 years
Each property’s ACB is tracked separately
Improvements to one property only increase that property’s ACB
Holding investment property in a corporation
Pros
Cons
Lower initial tax rate on rental income (~50% combined in a corporation on passive income)
Capital gains inside a corporation are taxed at ~50% (passive investment income rate)
Double taxation on extraction (corporate tax + personal tax on dividends)
Lifetime capital gains exemption not available for rental property
Generally: Holding rental property personally is simpler and often more tax-efficient for 1–3 properties. Corporations make more sense for larger portfolios (4+ properties) or for liability protection.
Non-resident sellers
If you are a non-resident selling Canadian real estate:
Requirement
Detail
Buyer must withhold 25% of sale price
Under Section 116 of the Income Tax Act
Seller obtains a Certificate of Compliance
Apply to CRA before or shortly after closing
File a Canadian tax return
Report the gain and any tax withheld; claim treaty benefits if applicable
May be eligible for reduced withholding
If applying for the certificate before closing and CRA processes in time
Tax reporting forms
Form
Purpose
Schedule 3 (Capital Gains)
Report the disposition and calculate the gain
Form T776 (Rental Income)
Report CCA recapture in the year of sale
Form T2091
Only if claiming partial principal residence exemption