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janebcats
New Member

Principal residence exempt from capital gains?

Hello - in 2017, I began renting our 2/3rds of my principal residence.  I declared a deemed disposition on my 2017 return for that 2/3rds portion, due to the change in use.  In 2018, I left the remaining 1/3rd of my principal residence and began renting that out as well, moving in with my parents, temporarily, where I currently still live today.

I spoke with the CRA, and the rep indicated that on my 2018 return, I could elect under section 45(2) of the Income Tax Act to have my entire property deemed my principal residence, because the whole property is now being used as a rental.

Assuming that to be true, and if I take that election, I am attempting to figure out when I would pay capital gains on various portions of the property under the following scenarios:

Scenario 1: I move into a new property in 2019 and make that my principal residence, keeping the other property as a rental (hereinafter “the Rental”).  In that case, I think I would eventually owe capital gains on the 2/3rds of the Rental, from the time I rented it out in 2017 to the time I deemed it my principal residence in 2018, and then I would also owe capital gains on the entire Rental from the time I began living in the new property as my principal residence.  I would then pay the capital gains for those periods in the tax year when I actually sell the property.

Scenario 2: I move back into the Rental in 2019, kick out the renters and make the whole property my principal residence.  I make the election under section 45(3) of the income tax act.  In that case, I think I would owe capital gains on the 2/3rds portion of the Rental, from the time i rented it out in 2017 to the time I deemed it my principal residence in 2018 (although I also noticed that under 45(3), a person can shelter the property from cap gains up to 4 years before moving in, so perhaps I’d owe nothing?).  Then, if I moved out again into a newly purchased property and began renting out the Rental again, I would also owe capital gains on the entirety of the property from the point of moving out, up until the point of sale.  I would pay the capital gains for both periods in the tax year that I actually sell the property.

This is my best educated guess on the matter; however, I would greatly appreciate the community’s input on both scenarios.

1 Reply

Principal residence exempt from capital gains?

In this case it would be best if you talked with someone who is an expert in this area, or with the CRA. https://turbotax.community.intuit.ca/replies/2647704