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posted Apr 5, 2022 11:47:04 AM

I own 50% of our family cottage. last year i gifted my 50% to my sibling. do i pay capital gains on this?

Do you pay capital gains on gifted property

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1 Replies
Level 4
Apr 5, 2022 12:59:43 PM

Yes. Because the cottage is capital property, gifting it would be considered a sale/disposal. You would be required to include any taxable capital gain from the transfer of the property on your return.

"If you give capital property as a gift, you are considered to have sold it at its fair market value (FMV) at the time you give the gift. Include any taxable capital gain or allowable capital loss on your Income Tax and Benefit Return for the year that you give the gift."
As per the Canada Revenue Agency (CRA): Other transfers of property - Canada.ca

"Capital property includes depreciable property, and any property that, if sold, would result in a capital gain or a capital loss. Capital property does not include the trading assets of a business, such as inventory.

The following properties are generally capital properties:

  • cottages
  • securities, such as stocks, bonds, and units of a mutual fund trust
  • land, buildings, and equipment you use in a business or a rental operation"
 As per the Canada Revenue Agency (CRA):  P113 - Gifts and Income Tax 2018 - Canada.ca

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