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Principal Residence Exemption

Principal residence claims are straightforward until they're not, and the technical mistakes cost clients real money. Custom-written for CPAs preparing personal tax returns and advising clients on real estate transactions.

Instructors
Michael Cadesky
Hugh Woolley

Understand the technical rules that trip up straightforward claims: the gain-per-year optimization when clients own multiple properties, subsection 45(2) elections that preserve four additional designation years, and excess land exceptions based on minimum lot size. You will learn to identify which properties qualify, calculate exemptions correctly when complications arise, and avoid the mistakes that turn exempt gains into taxable income.


$150
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3.0 Hours CPD
2.0 Hours
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1-Year
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The file appears in your inbox: "We sold our house in March and bought the cottage in May. I attached the sale documents. The house gain is $2 million, the cottage was $1 million. Can you file the return?"

Your first instinct is to designate the house as principal residence for all 39 years and claim the cottage for the two years after the house sale. Full exemption on the house, partial exemption on the cottage. But the math tells a different story. The cottage was owned for nine years with a $1 million gain. That is $111,000 gain per year. The house was owned for 39 years with a $2 million gain. That is $51,000 gain per year. Claiming the house wastes the exemption on the lower-gain-per-year property. The correct strategy designates the cottage for six of the years when both were owned, uses the "1+" rule for one more year, and adds the two years after the house sold. Full exemption on the cottage. The house gets 33 of its 39 years. The tax difference is $108,000.

This program walks you through scenarios that creates principal residence complexity:

  • Excess land rules where property exceeds one-half hectare but minimum lot size restrictions preserve the exemption
  • Change of use elections under subsections 45(2) and 45(3) that avoid deemed dispositions and extend designation rights for four additional years
  • The ordinarily inhabited test that disqualifies properties during renovation or construction phases
  • Flipped property rules deeming sales within 12 months to be business income with no exemption available
  • Foreign tax credit interactions where claiming the exemption eliminates the credit and wastes both benefits
  • Trust ownership restrictions from 2016 and the December 31, 2016 valuation date for non-qualifying trusts

Most claims are straightforward. One property owned continuously, occupied the entire time, sold to an arm's length buyer. The complications emerge when clients own multiple qualifying properties, when land size exceeds limits, when properties convert from personal to rental use, or when sales occur within 12 months under the new flipped property rules. A property under construction does not qualify for the years when it was vacant land. A cottage sold in January does not qualify that year if it was not winterized and not occupied. Missing the change of use election when a home becomes a rental creates a deemed disposition at fair market value with no opportunity to preserve exemption rights for future years.

You will learn to identify issues before filing returns and execute complex claims correctly:

  • Calculate gain per year for multiple properties and optimize designation strategy
  • Apply minimum lot size exceptions when land exceeds one-half hectare
  • Make subsection 45(2) elections to preserve designation rights when relocating for work
  • Recognize when partial change in use requires election versus CRA's incidental use policy
  • Optimize foreign property claims by reducing exemption years to preserve foreign tax credits
  • Handle duplex and integrated unit situations where land qualification is uncertain
  • Avoid business income treatment under the flipped property rule through life event exceptions
  • Use fairness provisions to late-file designations when sales are accidentally overlooked

The program includes examples showing tax consequences of different strategies. You will see the difference between optimal and suboptimal multiple property claims. You will understand when making a subsection 45(2) election saves exemption rights worth hundreds of thousands versus when it wastes them because the property was owned for decades and proration creates minimal impact. You will learn that beneficial ownership, not legal title, determines who can claim the exemption, and why adding a child to title to avoid probate can trigger immediate deemed dispositions and future exemption losses. The material covers technical traps, from the "1+" rule being eliminated when non-residents purchase property after 2016, to forfeited deposits being taxable as capital gains on the right under contract rather than sheltered as principal residence gains.

Seminar Snapshot

Date Recorded:02/26/2024
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This program will help you understand the principal residence exemption rules, spot issues, and identify valuable planning opportunities. Learn at your own pace with instant access.

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Foreign Tax Credit

Principal Residence Exemption

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2.0 Hours Verifiable CPD
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Led by Experienced Tax Professionals
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Includes Slides, Detailed Notes, and Q&A Recording
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1 Year All-Access

Course Syllabus

Part I

Principal Residence Fundamentals and Qualification Rules

Understanding what qualifies and who can claim

1

Principal Residence Exemption Overview

  • The basic exemption formula: (1 + years designated) / years owned
  • When the "1+" rule is available and when it is eliminated for non-residents
  • Capital property requirement: when residential property is inventory or adventure in nature of trade
  • Mandatory designation requirement since 2016 or exemption denied
2

Capital Property Requirement

  • Hundreds of cases analyzing whether residences are capital property
  • Common losing taxpayer patterns: multiple transactions, construction experience, real estate agents, short holding periods
  • The flipped property rule: residential property sold within 12 months deemed business income
  • Unexpected applications: change of use within 12 months, trust distributions, spousal transfers
3

Housing Unit and Beneficial Ownership

  • What constitutes a housing unit: mobile homes, trailers, houseboats, leasehold interests, co-op shares
  • Beneficial ownership versus legal title determines who can claim exemption
  • Bare trust reporting requirements from 2023 onwards (T3 return and Schedule 15)
  • Co-ownership complexities with duplexes, farm corporations with farmhouse, and commercial properties with residences
Part II

Land Size Restrictions and Excess Land Rules

Navigating the one-half hectare limit and exceptions

4

Subjacent and Immediately Contiguous Land

  • One-half hectare (approximately 1 acre) limitation on qualifying land
  • Excess land only qualifies if "necessary for use and enjoyment": objective test, not subjective
  • Provincial legislation restrictions on subdividing the land
  • Property rezoning to permit subdivision eliminates exemption on excess land
5

Types of Subdivision Restrictions

  • Restrictions preventing subdivision without approvals, zoning restrictions on lot size or character of use
  • Covenants against subdivision and minimum lot size requirements
  • Environmental or heritage restrictions
6

Minimum Lot Size Exception

  • How minimum lot sizes preserve exemption on land exceeding one-half hectare
  • Example: property is 10 acres but minimum lot size is 10 acres, entire property qualifies
  • Need for municipal confirmation and documentation
  • Restriction must exist in year of sale
7

Two Adjacent Lots

  • Purchasing two adjacent lots and building one residence
  • If lots cannot be legally combined, only the lot with the housing unit qualifies
  • Strategies for combining lots before construction
Part III

Ordinarily Inhabited Test and Occupation Rules

Meeting the year-by-year occupation requirement

8

Ordinarily Inhabited Requirement

  • Year-by-year test with part year occupation when purchased late or sold early in year
  • Seasonal residences qualify through weekend use; incidental rental income does not disqualify
  • Ernest case: one night stay insufficient; Rebus case: garden shed not a self-contained establishment
  • Permanent move to nursing home ends ordinary inhabitation
9

Who Can Ordinarily Inhabit

  • Qualifies: taxpayer, spouse/common-law partner, former spouse, or child of the owner
  • Does NOT include parents, grandparents, grandchildren, or siblings
  • Property owned by parent but occupied by child qualifies for parent's exemption
10

Proving Ordinary Inhabitation

  • CRA requests verification when short ownership periods or suspicious circumstances exist
  • Acceptable proof: moving costs, address changes, utility bills, cable/internet installation, furniture purchases
  • Neighbour testimony as corroboration when other evidence unavailable
Part IV

Claiming the Exemption and Multiple Property Strategy

Optimizing exemption claims when clients own several qualifying properties

11

Principal Residence Misconceptions

  • "Principal" does not mean main, chief, or primary residence
  • Can ordinarily inhabit multiple properties in same year creating choice
  • Gain per year analysis, not absolute gain, determines optimal strategy
12

Multiple Property Optimization

  • Calculating gain per year for each property to determine which deserves designation
  • Strategic designation using "1+" rule to take years from one property to fully exempt another
  • Cannot revise designations retroactively once filed
13

Claiming Process and Deemed Dispositions

  • Deemed disposition on change in use (personal to rental or vice versa)
  • Gift of property, deemed disposition on death, expropriation or destruction
  • 21-year deemed disposition for trusts, transfer to spouse with election at FMV
Part V

Integrated Units, Duplexes, and Land Used in Business

Handling properties with mixed use or multiple housing units

14

Integrated Units

  • Two or more housing units that cannot be legally severed
  • Single housing unit with rental suite versus separate units
15

Duplexes and Multiple Units

  • Land surrounding duplex: complex qualification analysis of whether land relates to both units or specific unit
  • Minimum lot size considerations for duplexes
  • Legal versus practical severability
16

Land Used in Business

  • Determination based on all circumstances whether property held partly for earning income
  • Business use on land may disqualify excess land but does not affect housing unit qualification
Part VI

Change of Use Elections and Rules

Preserving exemption rights when converting between personal and rental use

17

Change of Use: Personal to Income-Earning

  • Deemed disposition at FMV when personal property becomes rental
  • Subsection 45(2) election avoids deemed disposition and cost base remains unchanged
  • Can designate as principal residence for up to 4 additional years (no ordinarily inhabit requirement)
  • Cannot claim CCA or election becomes invalid
18

Subsection 45(2) Election Strategy

  • Extended designation when relocating for work (indefinite if move back or die)
  • Must report rental income but cannot claim CCA
  • Making the election by letter attached to return; can rescind later causing deemed disposition
19

When to Make the 45(2) Election

  • Advantageous when no other principal residence to designate or gain per year on existing exceeds new residence
  • Better NOT to elect if owned existing residence many years (minimal proration impact)
  • Case-by-case evaluation required
20

Change of Use: Income-Earning to Personal

  • Deemed disposition and reacquisition at FMV on conversion
  • Subsection 45(3) election for no change of use: must become principal residence, no CCA claimed after 1984
  • Election made in year of ultimate disposition
21

Partial Change in Use

  • CRA administrative policy: rental of room or home office, no disposition if no CCA taken
  • Substantial change (single family to duplex): deemed disposition whether CCA claimed or not
  • Safe approach: make no change in use election for partial conversions
Part VII

Flipped Property Rules and Foreign Tax Credit Issues

Avoiding business income treatment and optimizing foreign property sales

22

Flipped Property Rule Mechanics

  • Residential property in Canada sold within 12 months: deemed business income
  • Life event exceptions (divorce, death, illness, job relocation)
  • No principal residence exemption available; very harsh result
23

Unexpected Flipped Property Applications

  • Change of use followed by sale within 12 months or sequential changes within 12-month period
  • Transfer to alter ego, spousal, or joint spousal trust with sale or distribution within 12 months
  • Rollovers can start 12-month clock running; often too late to fix after the fact
24

Foreign Tax Credit Interactions

  • Many foreign countries tax capital gains on real estate (particularly U.S.)
  • Claiming principal residence exemption eliminates foreign non-business income needed for foreign tax credit
  • May be wasteful to claim exemption where foreign tax paid
25

Foreign Tax Credit Optimization Examples

  • Full foreign tax situation: no benefit to claiming exemption (waste of exemption)
  • Partial foreign tax: claim exemption for fewer years to bring Canadian tax down to foreign tax amount
  • Calculation: work backwards from desired Canadian tax level to preserve exemption for future Canadian property sales
Part VIII

Trust Ownership and Special Situations

Principal residence exemption when trusts, estates, or special ownership structures are involved

26

Ownership by Trust

  • Generally trusts cannot claim principal residence exemption after 2016
  • Exception: qualifying trust (alter ego, spousal, or joint spousal trust)
  • December 31, 2016 valuation date for non-qualifying trusts (subsection 40(6.1))
27

U.S. Citizens Resident in Canada

  • Principal residence exemption available under Canadian tax law
  • U.S. worldwide taxation creates complications with partial exclusion under U.S. rules
  • Foreign tax credit planning essential to coordinate Canadian exemption with U.S. exclusion
28

Loss on Residence Owned by Estate

  • Loss on principal residence generally not deductible
  • Exception: property owned by estate not used by beneficiary may create available capital loss
Part IX

Borrowing, Probate, and Administrative Matters

Interest deductibility, estate planning, and practical compliance issues

29

Borrowing and Interest Deductibility

  • Purpose of borrowing determines deductibility, not security for loan
  • Strategy: sell investments, buy home with cash, then mortgage for investment purposes (Singleton case)
  • Timing: allow time between events; case law not totally consistent
30

Probate Issues

  • Joint tenancy with right of survivorship to avoid probate
  • Bare trust: no disposition, property forms part of estate, subject to probate
  • Actual co-ownership: disposition of 50% at registration with future appreciation only partially protected
  • Jackson case (Ontario Supreme Court): cautionary tale requiring excellent legal advice
31

Cash Back on Home Purchase and Forfeited Deposits

  • Realtor commission rebates to buyers: not taxable, reduces purchase price
  • Forfeited deposits on failed sales: taxable capital gain to seller, cannot be sheltered with exemption
Part X

Common Errors and Best Practices

Avoiding the mistakes that cost clients tens of thousands

32

Most Common Principal Residence Errors

  • Adopting wrong strategy when multiple properties owned (claiming wrong property)
  • Failing to consider years when property not ordinarily inhabited (vacant land, construction)
  • Excess land issues and minimum lot size exceptions overlooked
  • Not making change of use election when appropriate or doing nothing and not reporting
  • Failing to claim foreign residence or optimize when foreign taxes payable
  • Not noticing client address change during tax season
33

Best Practices for Tax Season

  • Make it habit to ask about address changes and all qualifying properties (cottage, ski chalet, foreign condo)
  • Calculate gain per year for optimization when multiple properties exist
  • Document ordinary inhabitation especially for short holding periods
  • Consider change of use elections before filing and review foreign tax implications before claiming exemption

Meet Your Presenters

Michael Cadesky

Michael Cadesky

FCPA, FCA, FTIHK, CTA, TEP (EMERITUS)

Michael Cadesky is the managing partner at Cadesky Tax and a committed contributor to the tax and accounting professions since 1980, earning the title of Fellow from CPA Ontario. He is a past governor of the Canadian Tax Foundation, past chair of STEP Canada and STEP Worldwide, and past chair of the CPA Canada Tax Committee for Small and Medium-Sized Enterprises. Michael is also the co-author of 11 books on tax subjects and the author or co-author of numerous papers and articles on Canadian and international taxation.

Hugh Woolley

Hugh Woolley

CPA, CA, TEP

Hugh Woolley is an independent tax consultant who has taught income tax for over 30 years for many professional organizations. Hugh has written courses for CPA Canada and over 10 papers for the Canadian Tax Foundation and STEP Canada. From 1990–1992 he worked at the CRA's Rulings Directorate in Ottawa writing "butterfly" tax rulings. Hugh is a past Governor of the Canadian Tax Foundation.


FAQ

When can I access the course?

Immediately upon purchase. All course materials are available on-demand, allowing you to start learning right away.

How long do I have access?

You have 1-year all-access to the course materials. Watch and review the content as many times as you need, at your own pace.

Does the course provide CPD?

Yes. Upon completion, you will receive a verifiable CPD certificate indicating all instructional learning hours and required details.

What's included in the course?

Full video recording of the seminar, plus slides with detailed notes for your reference. Additional resources may be included.

Can I watch on any device?

Yes. Access the course from your computer, tablet, or phone — any device with internet access.

CPD Hours
2.0 Hours
Date
On-Demand
Price
$150
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