Starting January 1, 2024, there are restrictions on the income tax deductibility of rental expenses, for short-term rental, if the property is non-compliant.
A short-term rental property is a rental property that’s offered for rent for a period of less than ninety consecutive days.
A non-compliant short-term rental is when:
- It’s in a province or municipality that:
- Prohibits short-term rentals or
- Requires a registration, license, or permit, which the owner doesn’t have
The disallowance of rental expense deductions for income tax is based on the ratio (percentage) of the number of non-compliant short-term rental days to all the days of short-term rental in the year. That percentage, applied to the amount of rental expenses attributable to all of the short-term rental days, gives us the disallowed rental expense amount.
Example: a property that earned net rental income of $3,000 has net rental income for tax purposes of $10,333 due a to non-compliant short-term rental.
- The property without the required permit was rented in 2024 for two continuous periods:
- Period A: non-compliant short-term rental without the required municipal permit = 30 days
- Period B: compliant short-term rental with the required municipal permit = 60 days
- Rental income for the 90 days of short-term rental = $25,000
- Rental expenses for the 90 days of short-term rental = $22,000
- Net rental income for the 90 days of short-term rental = $3,000
- Ratio of non-compliant rental days to total short-term rental days = 30/(60 + 30) = ⅓
- Rental expenses disallowed for income tax = $22,000 x ⅓ = $7,333
- Rental expenses allowed for income tax = $22,000 - $7,333 = $14,667
- Net rental income for income tax = $25,000 - $14,667 = $10,333
Note: There’s a transitional grace-period rule. A non-compliant property brought into compliance by December 31, 2024, is considered by the CRA to be compliant for income tax for the 2024 tax year.