If you are planning to sell a property, be sure to know all the tax-saving strategies first, as property gains incur capital gains tax. This article explores all the legal ways how to avoid capital gains tax on property in Canada. If not avoid, then minimize.
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Guide to Capital Gains Tax Canada 2025
Contrary to what many Canadians believe, 50% is not the capital gains tax rate. That is the inclusion rate or the portion of your capital gains that will be liable to tax. The current threshold is $250,000. Within this threshold, 50% of the gains will be taxed using your marginal tax rate. For years, Canada maintains this single inclusion rate of 50%, subject to change in 2026.
That means you do not pay tax on all your realized capital gain, only half or two-thirds of your profit. For more details about the new inclusion rates, check out Canada’s Capital Gains Tax Changes.
Know the Major Types of Deductions
Capital gain is the profit you make from selling an asset or investment that has appreciated, meaning you sold it at a greater amount than you bought it for. When the purchase amount is bigger than the gain, that is when you make a capital loss. There are many ways to leverage capital losses to save on capital gains tax (learn more below.)
How to Calculate Taxable Gains
With the new inclusion rates taking effect in 2026, here is an example of how you can determine your taxable capital gains:
Assuming your sales price is $1,000,000 for a property you bought for $700,000:
- Sales Price: $1,000,000
- Purchase Price: $700,000
That arrives at your total capital gain, which is $300,000.
With the capital gains taxes threshold at $250,000, your first taxable gain portion is 50% of this amount.
- 50% of $250,000 = $125,000
The amount that remained after $250,000 is $50,000. Your second taxable portion is 66.67%.
- 66.67% of $50,000 = $33,335
Adding the first and taxable amounts makes a total of $158,335. This is your total taxable capital gain.
Disclaimer: To ensure accurate calculation of your total taxable gains, seek expert advice. Our personal tax accountant at Legend Fusions will ensure you get the right estimates and advice on how to manage your capital wealth and liability in the most tax-efficient ways.
How Are Capital Gains Taxed?
In Canada, there are no specific tax rates for capital gains, as they are considered passive sources of income, although they are taxed differently from other passive streams like dividend income.
Taxable gains are only added to your total income, i.e., on top of your employment income, in the same tax year you earned them. The rates depend on which tax brackets your total taxable income falls into, specifically your marginal tax rate (the highest rate your income is exposed to). Canadian income tax follows a progressive tax system.
Federal tax brackets differ from provinces and territories, but they are basically calculated the same way. Learn more about how to determine marginal tax rates and your overall tax owing/rebate here: How to Calculate Ontario Tax.
How to Avoid Capital Gains Tax on Property in Canada
There are several ways you can mitigate the tax implications of your capital gains. Here are some of the most common strategies:
Principal Residence Exemption
It is common knowledge that you do not pay tax on capital gains on primary residence. See if your property qualifies for this relief:
- You own the property alone or in joint ownership.
- You and your family (e.g., spouse, common-law partner, kids) lived in the home every year since you designated it as your primary residence.
- You did not claim any other real estate to be your principal residence in the year you claimed for its exemption.
- You did not intend it to be rental property or for business use.
The Canada Revenue Agency (CRA) will only allow the exemption if you report not just the disposal but also the designation of your primary residence in your Income Tax and Benefit Return (T1 form).
Make sure you have reported the designation of your main home in your tax return for the year it was sold. If not, you can ask for an amendment from the CRA, which will usually mean a penalty on your part.
Filing Updates: As CRA took more time to update systems after the government abruptly deferred the new capital gains inclusion rates, you get waived penalties and interests for late filing this tax year:
- Until June 2, 2025, for individual filers (T1)
- Until May 1, 2025, for trust filers (T2)
Check relevant article: CRA Netfile Access
Know Which Expenses to Claim
If the property does not qualify for the primary residence exemption, make sure you know all the outlays and expenses you can claim to reduce your taxable capital gains, including:
- Renovation costs
- Repair and maintenance expenses
- Finders’ fees
- Commissions
- Mortgage broker fees
- Surveyors’ fees
- Legal fees
- Land transfer taxes
- Advertising costs
For more information about potential deductions, check out our guide on How to Reduce Tax in Canada.
Invest in a Registered Account
Another great way to reduce taxable gains is to hold investments in a registered account, which also allows your money to grow tax-free. Common tax shelter accounts include:
- Registered Retirement Savings Plans (RRSPs). An RRSP is CRA’s way of giving tax relief by letting you significantly reduce your taxable income up to your annual contribution room limit of up to $32,490 (2025), or 18% of your previous year’s capital gains, whichever is higher.
- Tax-Free Savings Account (TFSA). TFSAs allow you to invest capital gains and withdraw tax-free.
- First Home Savings Accounts (FHSAs). Withdrawals are tax-free if you use the money to purchase an eligible home.
Need to Know! The deadline for contributing to a Registered Retirement Savings Plan for the 2024 tax year passed last March 3, 2025, Monday. If you want to make contributions for the 2025 tax year, consult your tax advisor.
Lifetime Capital Gain Exemption (LCGE)
The Lifetime Capital Gains Exemption allows small business owners and family members to earn capital gains up to $1,250,000 tax-free, cumulative throughout their lifetime. Note that this amount gets indexed for inflation. With this exemption, you are allowed to offset your taxable capital gains against your profits.
The LCGE allows you to claim if you are selling qualifying shares in the business, a farm property, or a fishing property. Be sure to seek advice from a qualified accountant to check if your disposed shares or assets qualify. Generally, here’s the eligibility list:
- You are a Qualified Small Business Corporation.
- Your business is active in Canada for at least two years before the sale.
- You or someone related to you own the shares at least two years before the sale.
Once you confirm you are eligible for the LCGE, you can sell your shares or property and claim the exemption in the next tax year.
Offset Your Capital Losses
Any legitimate capital losses do not incur capital gains tax. The government allows you either to:
- Carry your losses forward (indefinitely!), or
- Carry your losses backwards for up to three years
You can only offset “real” capital losses against gains. Anything besides this, CRA will be quick to notice if it is a superficial loss. However, there is another way, and that is through tax-loss harvesting where you intentionally sell a depreciating investment then purchase an almost similar investment. Consult with your tax and investment advisor before using this strategy.
See relevant article: Canada Salary Tax 2024
Plan Your Sales Strategically
Before selling your property, be sure to discuss with your tax advisor first to identify the strategies that work best in your situation. A tax accountant also helps you file your T1 Income Tax and Benefit Return, which can greatly impact how much you can deduct from your taxable capital gains.
Frequently Asked Questions
You start becoming liable to capital gains tax once the property disposal is realized and you receive your capital gains.
There are many ways the CRA can track property sales. Usually, it comes from the lawyer handling your property disposal and notifying CRA through the form T2091 or T2091(IND).
Rental properties, when sold, incur capital gains tax. To reduce your tax implications (this applies when you have volatile income), you might want to delay your selling to the year you earn lower income. Talk to Legend Fusions for effective tax and estate planning.
There are no specific capital gains tax in Canada, neither in British Columbia (B.C.). See above for more details. Your taxable capital gains are only added to your total taxable income and are taxed at a marginal rate.
In 2024, the new capital gains inclusion rate was announced, but recently, the effective date was moved to January 1, 2026.
Get Advice at Legend Fusions
There are many ways how to avoid capital gains tax on property in Canada. For personalized advice, reach out to our tax accountant at Legend Fusions. We help you determine the best strategies according to your financial situation and prepare your T1 returns tax-efficiently. Find out all the ways we can help you mitigate your capital gains taxes. Reach us today!
Reviewed by:
Jeffrey Ross
Jeffrey Ross is an experienced tax accountant focused on US-Canada cross-border taxation, with over three years in the industry, including a key role as client manager at a Canadian tax firm. He provides expertise in corporate and personal tax planning, specializing in non-resident tax, capital gains, CRA and IRS compliance, and retirement planning. Known for his personalized approach, Jeffrey is dedicated to guiding clients with clear, practical advice tailored to complex tax scenarios, aligned with the evolving tax laws.