Principal Residence Exemption (PRE) Rule Details What qualifies A housing unit you “ordinarily inhabited” during the year Who can claim Canadian residents (one per family unit per year) Full exemption If designated as principal residence for every year of ownership Partial exemption If designated for some years only (formula applies) Reporting required Yes — Schedule 3 + Form T2091 on tax return Land included Up to 0.5 hectares (1.24 acres); excess land taxable “+1 rule” Can designate for years owned +1 (helps during overlap)
Exempt portion = (1 + years designated) ÷ years owned × capital gain
Example: Own a home for 10 years, designate it as principal residence for 7 years, gain of $200,000:
Exempt = (1 + 7) ÷ 10 × $200,000 = $160,000 exempt Taxable capital gain = $40,000 × 50% = $20,000 included in income Tax on Different Property Sales Property Type Tax Treatment Reporting Principal residence (full) 100% tax-free (PRE) Schedule 3 + T2091 Principal residence (partial years) Partially exempt (formula) Schedule 3 + T2091 Investment/rental property Full capital gain taxable Schedule 3 Cottage (designated as PR) Tax-free for designated years Schedule 3 + T2091 Vacant land Full capital gain or business income Schedule 3 or T2125 Flipped property 100% business income (no 50% inclusion) T2125 (business income) Pre-construction assignment Capital gain or business income Schedule 3 or T2125
Capital Gains Tax Rates (2026) Capital Gain Amount Inclusion Rate Tax on $100K Gain (40% marginal rate) First $250,000 50% $20,000 Above $250,000 66.67% $26,668 per additional $100K
Effective Capital Gains Tax by Income Level (Ontario) Marginal Rate Effective Rate (50% inclusion) Effective Rate (66.67% inclusion) 20.05% (lowest) 10.0% 13.4% 29.65% 14.8% 19.8% 33.89% 16.9% 22.6% 43.41% 21.7% 28.9% 53.53% (highest) 26.8% 35.7%
Selling an Investment Property Step Details 1. Calculate adjusted cost base (ACB) Purchase price + legal fees + improvements − CCA claimed 2. Calculate capital gain Sale price − selling costs − ACB 3. Report on Schedule 3 Include in tax return for year of sale 4. CCA recapture If CCA was claimed, recapture is fully taxable as income 5. Pay tax 50%/66.67% inclusion × your marginal rate
Investment Property Tax Example Item Amount Purchase price (2018) $400,000 Improvements $30,000 Legal/closing costs (purchase) $5,000 Adjusted cost base $435,000 Sale price (2026) $600,000 Real estate commission (5%) −$30,000 Legal costs (sale) −$2,000 Net proceeds $568,000 Capital gain $133,000 Taxable portion (50%) $66,500 Tax at 40% marginal rate ~$26,600
Partial Rental Use / Home Office Situation Tax Treatment Notes Rent out part of home (basement suite) Rental portion may lose PRE Can preserve PRE if no CCA claimed and no structural changes Home office (employee) No impact on PRE PRE preserved Home office (self-employed, no CCA) No impact on PRE PRE preserved Home office (self-employed, CCA claimed) CCA portion loses PRE Avoid claiming CCA on home Convert part to rental Change-in-use rules apply Deemed disposition on converted portion Convert entire home to rental Deemed disposition at FMV Can elect to defer for up to 4 years
Anti-Flipping Rule (2023+) Rule Details What it is Homes owned less than 365 days taxed as business income (no 50% inclusion) Effective January 1, 2023 onwards Impact 100% of profit taxed as business income at full marginal rate Exceptions Death, disability, divorce/separation, workplace relocation (40+ km), personal safety threat, involuntary disposition How it works If you sell within 365 days and no exception applies, the gain is business income
Reporting Requirements Form Purpose When Schedule 3 Report capital gains/losses With annual T1 return T2091 Designate principal residence With return for year of sale T1255 Elective return for deemed dispositions When changing use UHT return Underused Housing Tax (non-residents, non-Canadians) April 30 annually
GST/HST on new home sales Sellers of newly constructed or substantially renovated residential properties must charge GST/HST on the sale price. This applies to builders and individuals who substantially renovated their own home:
Situation GST/HST required? Resale of existing home (not new/renovated) No GST/HST Sale of brand-new construction by builder Yes — GST/HST on full purchase price Substantial renovation (90%+ of interior removed) Yes — GST/HST applies Sale by individual of their own primary residence No (individual is not a builder for their own home) Pre-construction assignment by original buyer May be taxable — CRA reviews case-by-case
Buyers of newly built homes may qualify for the GST/HST New Housing Rebate (up to $6,300 federal) to recover part of the GST paid if the purchase price is under $450,000.
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