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Tax and Ownership Rules

The federal tax and ownership rules that decide what a Canadian property actually costs to buy, hold and sell, quoted from the statutes and the Canada Revenue Agency with section numbers and dates.

A suburban street of detached houses, illustrating HST on the sale of a property used for short-term rentals.
Tax and Ownership Rules

Short-term rentals and HST: the expensive surprise is on the sale, not the nightly rate

The Excise Tax Act excludes from residential complex status a building where all or substantially all arrangements are for periods under 60 days — and the exemption for selling a used residential complex then has nothing to attach to. Three different thresholds in three statutes, and the section 67.7 deduction denial that overrides the normal reassessment limits.

A residential street of brick houses in winter light, illustrating a change of use from principal residence to rental property.
Tax and Ownership Rules

Renting out the home you used to live in is a deemed sale — and one CCA claim can undo the fix

Section 45(1) deems a disposition at fair market value when a home becomes a rental or a rental becomes a home. The 45(2) and 45(3) elections defer it, the four-year limit sits in section 54 rather than section 45, section 54.1 extends it only on strict employer-relocation conditions, and section 45(4) deems a 45(3) election never made if any CCA was claimed.

A folder, key and blank paper on a desk, illustrating bare trust and T3 trust reporting for property owners.
Tax and Ownership Rules

Bare trusts and T3 reporting: where it actually stands for property owners

The CRA stated on 5 March 2026 that it does not expect bare trusts to file for taxation years ending in 2025, and the legislation now matches: the old rule was repealed for years ending after 30 December 2024 and the new narrower rule applies only to years ending after 30 December 2026. What a bare trust is in a real estate context, and why the coming carve-outs do not cover investment property.

A closed folder, a brass key and a calculator on a plain desk, illustrating Underused Housing Tax filing obligations.
Tax and Ownership Rules

The Underused Housing Tax is gone from 2025 — and still fully enforceable for 2022 to 2024

New sections 1.1 and 6.1 of the Underused Housing Tax Act remove both the tax and the filing requirement for 2025 and later years. But the Act is not repealed until 1 January 2035, and Budget 2025 states that all requirements, penalties and interest continue to apply for 2022 to 2024. The penalty minimums, and the ones the CRA’s own hub page has not caught up with.

A quiet street of detached brick houses under overcast skies, illustrating the prohibition on the purchase of residential property by non-Canadians.
Tax and Ownership Rules

The foreign buyer ban: it ends 1 January 2027, and it catches far less than people think

The prohibition applies only inside census metropolitan areas and census agglomerations, does not apply to vacant land since 27 March 2023, and does not apply to buildings of four or more dwelling units. The current expiry date and the instrument that set it, the full exception list, and the $10,000 fine that reaches anyone who knowingly assists.

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