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posted Mar 29, 2023 11:01:44 AM

Prim resident 2013-20. rented it out for 15months (2020-22). sold home 2022. can i claim sub sec 45(2,3) and avoid capital gain? how can i do in the program. thank you

moved into a new home in 2020. did not clam any CCA

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Moderator
Apr 5, 2023 4:24:28 PM

This CRA webpage has information on the subsection 45(2) election: https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/personal-income/line-12700-capital-gains/principal-residence-other-real-estate/changes-use/changing-your-principal-residence-a-rental-business-property.html

 

To make the subsection 45(2) election, attach a letter signed by you to your income tax and benefit return of the year in which the change of use occurs, or mail the letter on it's own if you are filing your return online. Describe the property and state that you want subsection 45(2) of the Income Tax Act to apply.