How To Avoid Capital Gains Tax On Rental Property In Canada (2026)

Lisa
Author:
Lisa
Lisa Rennie
Senior Contributor at Loans Canada
Lisa has worked as a personal finance writer for over a decade, creating unique content to help educate Canadian consumers. Expertise:
  • Personal finance
  • Real estate
  • Mortgage financing
  • Investing
Tony
Reviewed By:
Tony
Tony Dong, MSc, CETF
Expert Contributor at Loans Canada
Tony boasts several investing qualifications, and his writing has appeared in multiple platforms, including USA Today and The Motley Fool. Expertise:
  • Investing
  • Risk management
📅
Updated On: April 30, 2026
Get a free, no obligation personal loan quote with rates as low as 9.99%
Free quote with no impact to your credit

The capital gains landscape in Canada has changed twice in 18 months. Here’s where things stand: the proposed hike in the capital gains inclusion rate (50% → 66.67%) was cancelled by Prime Minister Mark Carney on March 21, 2025. As a result, all capital gains on rental property in Canada are still taxed at the 50% inclusion rate as of 2026. If you sold a rental in 2024 or 2025, thinking you’d owe more, you don’t.

That said, capital gains tax on a rental sale is rarely just a “50%” calculation. CCA recapture, the principal residence exemption, change-of-use elections, and the timing of your sale can each move your final bill by tens of thousands of dollars. This guide walks through every legal lever a Canadian landlord can pull in 2026 to reduce — or in some cases avoid — capital gains tax on a rental property.


Key Points

1. Capital gains on Canadian rental property are still taxed at the 50% inclusion rate in 2026 — the proposed hike to 66.67% was cancelled by PM Mark Carney on March 21, 2025.

2. The biggest hidden cost at sale is CCA recapture: any depreciation claimed during ownership gets added back to income and taxed at your full marginal rate, not the capital gains rate.

3. Landlords can legally reduce the bill by (1) timing the sale for a low-income year, (2) offsetting the gain with RRSP contributions or capital losses, (3) claiming a capital gain reserve to spread tax over up to 5 years, or (4) filing Section 45(2) or 45(3) change-of-use elections.


What Are Capital Gains On Rental Property?

Capital gains on rental property are the profits realized when you sell the rental for more than you paid for it. This is distinct from cash flow (the monthly rental income net of expenses) and applies to any investment property — whether that’s a single-family rental, a condo, a duplex where one unit is rented, or a multi-unit building.

Learn more: How To Avoid The Capital Gains Tax In Canada

How Capital Gains On Rental Property Are Taxed In Canada

The CRA includes 50% of any capital gain in your taxable income for the year of sale. That taxable amount is added to your other income and taxed at your marginal rate. As of 2026, the 50% inclusion rate applies to all capital gains, regardless of amount — the 66.67% increase proposed in Budget 2024 was cancelled by PM Carney on March 21, 2025.


How Capital Gains On Rental Property Are Calculated

Your ACB is the original purchase price plus legal fees, land transfer tax, and the cost of any capital improvements (a new roof, a basement renovation). It does not include routine repairs or maintenance — those are deducted as rental expenses each year. Outlays are selling costs: real-estate commission, legal fees on the sale, and any required staging or inspection fees.

The Formula

Capital Gain = Proceeds of Disposition − Adjusted Cost Base (ACB) − Outlays and Expenses

Proceeds of disposition: the sale price of the property.

Adjusted cost base (ACB): the original purchase price plus closing costs (legal fees, land transfer tax) and any capital improvements (e.g., new roof, renovations).

Outlays and expenses: selling costs such as real-estate commission, legal fees, staging, or inspections.

Worked example: You bought a rental condo in 2014 for $400,000 and paid $8,000 in closing costs. You spent $25,000 on a kitchen renovation in 2019. You sell it in 2026 for $720,000 with $25,000 in commission and legal fees.

  • Proceeds: $720,000
  • ACB: $400,000 + $8,000 + $25,000 = $433,000
  • Outlays: $25,000
  • Capital gain: $262,000
  • Taxable amount (50% inclusion): $131,000 — added to your income for the year of sale.

At-A-Glance: 7 Strategies To Reduce Capital Gains Tax On Canadian Rental Property

StrategyBest forThe Catch
1. Time the saleOwners with a flexible closing window or an upcoming low-income yearTax bill is delayed, not erased; market timing risk
2. RRSP contributionAnyone with available deduction room and earned incomeCaps at $33,810 (2026); reduces, doesn’t eliminate, the gain
3. TFSA contributionLong-horizon investors with $7,000+ unused roomDoesn’t reduce taxable income — only shelters future growth
4. Apply capital lossesInvestors with losing stocks or other capital losses on handNeed actual losses to harvest; can’t manufacture them
5. Capital gain reserveSellers who finance the buyer (vendor take-back mortgage)Spreads tax over up to 5 years; you must collect the proceeds in stages
6. Transfer to spouse as principal residenceCouples where one spouse will occupy the propertySpouse must genuinely live there; attribution rules apply
7. Hold property in a corporationInvestors building a multi-property portfolioLCGE does NOT apply; setup + annual filing costs; no principal residence exemption
Most overlooked lever: the Section 45(2) and 45(3) change-of-use elections — they aren’t a “strategy” you choose at sale, but a filing you make when the use of the property changes. Skipping the election can cost more than every strategy above combined. See the change-of-use section below.


1. Sell Your Rental Property At The Right Time For You

Timing the sale of a rental property is one of the most-overlooked capital gains strategies. Two angles to consider:

Push the tax into next year. A sale that closes on January 2 instead of December 30 effectively defers your tax bill from this April 30 to next April 30 — a full year of float on the cash. There’s no tax savings, but there’s a meaningful cash-flow benefit if you can earn interest or pay down debt with the proceeds in the meantime.

Sell in a low-income year. Because the taxable portion of a capital gain stacks on top of your other income, selling during a year when your other income is unusually low (sabbatical, retirement, parental leave, business loss) keeps more of the gain in lower marginal brackets. For high earners considering retirement within a few years, deferring the sale until that lower-income year can save five figures.

2. Contribute To Your RRSP

An RRSP contribution lowers your taxable income for the year — directly offsetting some or all of the taxable portion of your capital gain.

Example: A $100,000 capital gain produces $50,000 of taxable income at the 50% inclusion rate. A $50,000 RRSP contribution (if you have the room) wipes that out for tax purposes — though you’ll still owe tax on the RRSP money when you withdraw it in retirement.

2026 limits:

  • RRSP dollar limit: $33,810 (or 18% of prior-year earned income, whichever is less)
  • 2025 tax-year contribution deadline: March 2, 2026
  • Unused contribution room carries forward indefinitely

This works best if you’ve been carrying years of unused room.

3. Contribute To Your TFSA

A TFSA doesn’t reduce the taxable portion of your gain — contributions aren’t deductible. What it does is shelter the next round of gains. Once the proceeds are inside a TFSA, all future investment growth and withdrawals are tax-free.

2026 limits:

  • Annual TFSA dollar limit: $7,000 (third year unchanged)
  • Cumulative room for someone aged 18+ since 2009: $102,000
  • Unused room carries forward; withdrawals restore room the following year

4. Use Your Capital Losses

Capital losses offset capital gains dollar-for-dollar. The CRA lets you:

  • Apply losses against gains in the current year
  • Carry losses back 3 years and amend prior returns
  • Carry losses forward indefinitely to future gains

Example: A $50,000 taxable capital gain with $15,000 of capital losses on hand becomes a $35,000 taxable amount. If you have unrealized losses in your non-registered investment account, the year of a rental sale is often the right year to crystallize them.

5. Claim A Capital Gain Reserve

If the buyer is paying you over multiple years (a vendor take-back mortgage, for example), you can use the capital gain reserve to spread the gain — and the tax — over up to 5 years instead of recognizing it all at once. Each year you must include at least 20% of the original gain in income.

Catch: the buyer has to actually be paying you in instalments. You can’t claim the reserve on a regular cash-at-closing sale. And if the buyer defaults, the unrecognized portion still becomes taxable.

6. Transfer Ownership To Your Spouse

If your spouse or common-law partner moves into the property as their principal residence, the principal residence exemption can shelter the gain from that point forward. This is most useful for couples who own multiple properties and are willing to designate one of them differently.

Catches:

  • Your spouse must genuinely occupy the property as a principal residence.
  • Attribution rules can claw the income back to you if the structure looks like income-splitting rather than a real change of residence.
  • Only one property per family unit per year can be designated as the principal residence.

This strategy needs a tax accountant; missteps trigger CRA reassessment.

7. Hold The Property In A Corporation

Holding rental real estate in a corporation lets you:

  • Pay corporate tax rates on net rental income (often lower than personal rates)
  • Split dividend income among adult shareholders
  • Defer personal tax until you actually withdraw money from the company

Important caveat: Holding rental property in a corporation does NOT qualify for the Lifetime Capital Gains Exemption (LCGE), which rose to $1.25M in 2024 and is approximately $1.275M for 2026 (indexed). The LCGE applies only to qualified small business corporation shares, qualified farm property, and qualified fishing property — passive rental real estate is excluded. Incorporation is a tax-deferral and income-splitting strategy for rental, not an exemption strategy.

There are also higher administrative costs (annual corporate filings, separate accounting), and you lose access to the principal residence exemption.


The CCA Recapture Trap (Read This Before Claiming Depreciation)

Capital Cost Allowance (CCA) is the depreciation deduction landlords can claim against rental income each year. It lowers your annual tax bill — but it isn’t free. When you sell, the CRA “recaptures” the difference between the building’s sale-allocated proceeds and its undepreciated capital cost (UCC, the original building cost minus all CCA you’ve claimed over the years). The full recaptured amount comes back into your income, taxed at your marginal rate, not the 50% capital gains rate.

Why this matters: A landlord who claimed $40,000 in CCA over 10 years and is in a 43% marginal bracket will owe roughly $17,200 in recapture tax on top of any capital gain. Many investors find their CCA savings during ownership get fully clawed back at sale.

Because CCA is optional under CRA Guide T4036, the standard advice is: only claim CCA if you’re certain you’ll never sell, or if your marginal rate at sale will be much lower than today’s. Run the numbers with a tax accountant before claiming CCA in any year.


Change-Of-Use Elections (Section 45(2) and Section 45(3))

If you’ve moved out of your home and turned it into a rental, the CRA treats it as a deemed disposition at fair market value — triggering capital gains tax even though you haven’t sold anything. A Section 45(2) election lets you defer that disposition and keep claiming the principal residence exemption for up to 4 additional years.

If you’re going the other way — moving into a property you previously rented — a Section 45(3) election defers the deemed disposition until you actually sell, and lets you designate up to 4 prior rental years as principal-residence years. Catch: you can’t make a 45(3) election if you ever claimed CCA on the property.

Both elections are filed as a signed letter with the relevant year’s tax return. Miss the filing window and the deemed disposition stands.


2026 Update: Underused Housing Tax (UHT) Eliminated

Bill C-15 (passed March 26, 2026) ended the Underused Housing Tax (UHT). Owners no longer need to file the UHT-2900 return for 2025 or any future year. UHT obligations for 2022-2024 calendar years still stand, including penalties for late filings, so don’t ignore prior-year notices.


Tax Deductions Available To Canadian Landlords

While you own the rental, the following expenses are deductible against rental income each year (claim them on Form T776):

  • Advertising for tenants
  • Home insurance on the rental
  • Mortgage interest (not principal)
  • Property taxes
  • Property management fees
  • Utilities you pay
  • Repairs and maintenance (not capital improvements — those go into ACB)
  • Office expenses
  • Legal and accounting fees
  • Salaries paid to property staff
  • Travel to and from the property for legitimate management purposes

Capital improvements (renovations, additions, structural upgrades) are not deducted in the year incurred — they’re added to the property’s adjusted cost base, reducing the eventual capital gain at sale.

Learn more: Tax Deductions For Rental Property In Canada


A Note On Tax Avoidance vs. Tax Evasion

Every strategy in this guide is tax avoidance — using the rules as written to minimize what you owe. That’s legal and expected. Tax evasion — hiding income, falsifying ACB, claiming the principal residence exemption on a property that was never your principal residence — is a criminal offence. Before implementing any strategy here, consult a CPA or tax lawyer to make sure the structure holds up under CRA scrutiny.

Learn more: What Is The Difference Between Tax Avoidance vs. Tax Evasion?


Bottom Line

The 50% inclusion rate is here to stay for 2026, but the effective tax you pay on a rental sale depends heavily on structure: timing, contribution-room use, loss harvesting, change-of-use elections, and whether you ever claimed CCA. The single biggest mistake Canadian landlords make is treating capital gains as a one-line calculation. Run the full numbers — capital gain plus CCA recapture plus any provincial surtaxes — with a tax professional before you list. The right strategy can save tens of thousands on a single sale.


Capital Gains Tax FAQs

What are capital gains?

Capital gains are profits earned from selling a property for more than its adjusted cost base plus selling expenses. For a rental property in Canada, the gain equals the sale proceeds minus the original purchase price (plus closing costs and capital improvements) minus selling costs. Only realized gains — gains from completed sales — are taxable.

How are capital gains taxed on real estate in Canada in 2026?

As of 2026, 50% of any capital gain on the sale of a Canadian rental property is added to your taxable income for the year of sale. The proposed increase to a 66.67% inclusion rate was cancelled on March 21, 2025 by Prime Minister Mark Carney, so the 50% rate continues to apply to all capital gains, regardless of amount.

Do I have to pay capital gains tax on the sale of my primary residence?

No. Canada’s principal residence exemption fully shelters the gain on your primary home, provided you (or a family member) occupied it as a principal residence for every year of ownership. If the home was your principal residence for only part of the time, the exemption is prorated.

Do capital gains taxes apply to second homes in Canada?

Yes. A second home, cottage, or vacation property is treated as an investment property for tax purposes unless you formally designate it as your principal residence (and a family unit can only designate one property per year). The capital gain on a second home is calculated and taxed the same way as on a rental.

How long do you need to live in a home to avoid paying capital gains taxes?

The CRA does not specify a minimum time. Instead, it looks at whether the property was “ordinarily inhabited” as your principal residence in each year you claim the exemption. Brief, sporadic, or token occupancy generally won’t qualify; genuine, full-time residence will.

What is CCA recapture and does it apply to rental property?

CCA recapture is the inclusion of previously deducted depreciation (Capital Cost Allowance) back into your income when you sell a rental property for more than its undepreciated capital cost. It applies to any landlord who claimed CCA in prior years, and it’s taxed at your full marginal rate — not the capital gains rate. This is separate from, and on top of, any capital gains tax.

Can I avoid capital gains tax by moving into my rental before selling?

Partially. Moving into your rental converts it back to a principal residence and stops the gain from accruing further, but it does not erase gains from the rental years. Filing a Section 45(3) election can let you designate up to four prior rental years as principal-residence years — provided you never claimed CCA on the property.

Sources

  • Prime Minister Mark Carney cancels proposed capital gains tax increase (PMO, March 21, 2025): https://www.pm.gc.ca/en/news/news-releases/2025/03/21/prime-minister-mark-carney-cancels-proposed-capital-gains-tax-increase
  • Income Tax Folio S1-F3-C2, Principal Residence (CRA): https://www.canada.ca/en/revenue-agency/services/tax/technical-information/income-tax/income-tax-folios-index/series-1-individuals/folio-3-family-unit-issues/income-tax-folio-s1-f3-c2-principal-residence.html
  • Rental Income Guide T4036 (CRA): https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/t4036/rental-income.html

This article is for general information only and does not constitute tax advice. Consult a Canadian CPA or tax lawyer before acting on any strategy described above.

Lisa Rennie avatar on Loans Canada
Lisa Rennie

Lisa is a personal finance writer and editor with over 15 years of experience helping Canadians understand money. She previously held a real estate license and worked in the mortgage industry, giving her firsthand knowledge of home financing, lending, and the homebuying process. Lisa specializes in simplifying complex topics like mortgages, credit, real estate, and investing into clear, practical insights. She is passionate about financial literacy and helping Canadians make confident, informed financial decisions.

More From This Author

Special Offers

More From Our Experts

https://loanscanada.ca/wp-content/uploads/2023/01/RRSP-contribution-deadline.png
When Is The RRSP Contribution Deadline?

By Caitlin Wood, BA
Updated on December 18, 2024

Have some extra money and want to contribute to your RRSP this year? Make sure you don't miss the RRSP contribution deadline.

https://loanscanada.ca/wp-content/uploads/2017/12/TFSA-Over-Contribution.jpg
What To Do When You Over-Contribute To Your TFSA?

By Bryan Daly
Updated on December 18, 2024

Concerned about what a TFSA over-contribution might mean for your finances? Find out the penalties and solutions to over-contributing.

https://loanscanada.ca/wp-content/uploads/2023/03/TFSA-contribution-limit.png
What Is The TFSA Contribution Limit For 2026?

By Lisa Rennie
Updated on December 11, 2024

Are you thinking about contributing to your TFSA but don't know how much you can contribute? Find out the TFSA contribution limits in 2026.

https://loanscanada.ca/wp-content/uploads/2020/06/How-to-Avoid-the-Capital-Gains-Tax.png
How To Avoid The Capital Gains Tax In Canada

By Bryan Daly
Updated on June 26, 2024

The capital gains tax in Canada applies when you sell certain assets like stocks or real estate for a profit. Your main residence is exempt!

https://loanscanada.ca/wp-content/uploads/2021/05/Untitled-design-1.png
How Does Pension Income Splitting Work?

By Mark Gregorski
Updated on June 12, 2024

Splitting your pension income with your spouse or common-law partner is a great way to take advantage of tax savings.

https://loanscanada.ca/wp-content/uploads/2023/04/Day-Trading-Taxes-in-Canada-1.png
Day Trading Taxes In Canada: When Capital Gains Tax Applies Even In A TFSA

By Caroline Macdonald
Updated on June 12, 2024

As an investor, it's important to know how day trading taxes in Canada work. Depending on how you invest, the tax implications can vary.

https://loanscanada.ca/wp-content/uploads/2022/04/How-Are-Dividends-Taxed-In-Canada.png
What Is The Dividend Tax Rate In Canada?

By Lisa Rennie
Updated on June 12, 2024

Did you know dividend payouts are also considered taxable income? Learn what is the tax on dividends in Canada?

https://loanscanada.ca/wp-content/uploads/2021/04/Filing-2020-Taxes-Canada-.png
When Can I File My 2025 Taxes In Canada?

By Lisa Rennie
Updated on April 1, 2026

Make sure that you know about the new deductions you can use on your 2025 taxes, Canada! Did you know that you can now put away more in your

Recognized As One Of Canada's Top Growing Companies

Why choose Loans Canada?

Apply Once &
Get Multiple Offers
Save Time
And Money
Get Your Free
Credit Score
Free
Service
Expert Tips
And Advice
Exclusive
Offers