When it comes to inheritance in Canada, things work a little differently than you might expect. If you are about to inherit assets or you’re preparing your own estate, it’s vital to understand how taxes are applied here. By getting ahead of the rules, you can better protect your legacy and reduce the financial burden on your family. Let’s walk through what you need to know about inheritance tax Canada.
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Is Inheritance Taxable in Canada?
There is no inheritance tax in Canada in the way you might see in countries like the USA or the UK. In those systems, the recipient of the inheritance pays a tax on what they receive. Canada takes a different approach: the estate pays the tax before any assets are distributed.
The Canada Revenue Agency (CRA) CRA ensures that all capital gains are reported on the estate’s final tax return. As a result, taxes must be settled before the remaining assets are passed on to the beneficiaries.
How Inheritance Leads to Potential Taxes
When a person passes away, capital gains tax will apply to their assets. This is because of the “deemed disposition” rule. This rule deems the estate liable to pay taxes on any increase in value of assets, like real estate or investments.
What is Fair Market Value (FMV)?
Fair market value (FMV) is the asset’s estimated price in an open market. That’s where the buyer and seller both act independently and willingly. It’s important because it determines how much tax will be owed on the capital gains. In the case of real estate or stocks, FMV is assessed by appraisers or can be based on current market prices.
Here is an example of calculating estate tax Canada:
A house was bought for $200,000. At the time of death, its fair market value (FMV) is $400,000.
The difference between the purchase price and the FMV ($200,000) is a capital gain. However, in Canada, only 50% of this capital gain is taxable. Therefore, in this example, $100,000 would be the taxable capital gain that is included in the deceased’s income for that year.
The estate must report the full $200,000 capital gain on the final tax return, and the Canada Revenue Agency (CRA) will collect tax on the taxable portion of $100,000.
Who Pays Capital Gains on Inherited Property in Canada?
When it comes to capital gains on inherited property in Canada, the direct legal responsibility for reporting and paying these taxes rests with the estate of the deceased individual, not the beneficiaries directly.
The Role of the Executor
The executor, appointed according to the deceased’s will or by the court, is legally obligated to administer the estate. This includes filing the deceased’s final income tax return (the terminal return).
The executor is also responsible for managing the estate’s tax obligations, including paying any capital gains tax on inherited property. If you are an executor, you can consult the Canada Revenue Agency’s official guide on filing for deceased persons for a full breakdown of required tax filings and timelines.
Impact on Beneficiaries
While beneficiaries don’t directly pay the capital gains tax on the deemed disposition, there is an indirect impact. The taxes owed are paid from the estate’s assets. This means the total value of the inheritance received by the beneficiaries will be reduced by the amount of tax paid.
So, if a large amount of capital gain is realized on an inherited house, the estate will need to pay the corresponding tax. This leaves less inheritance for distribution to the heirs.
Smart Strategies to Reduce the Impact of CGT on Inheritance
While capital gains tax (CGT) can affect the value of an inheritance in Canada, several legitimate strategies can help manage and potentially reduce the overall tax impact for both the estate and the beneficiaries.
1- The Spouse/Common-Law Partner Rollover
One of the main ways to defer capital gains tax on inherited property is through the spousal or common-law partner rollover.
Under Canadian tax law, when capital property is transferred to a surviving spouse or common-law partner, it’s done at the deceased’s adjusted cost base (original purchase price).
This defers capital gains tax until the surviving partner sells or disposes of the property, allowing them to retain the asset without an immediate tax burden.
2- The Principal Residence Exemption (PRE)
The Principal Residence Exemption (PRE) can eliminate capital gains tax on an inherited home if the deceased used to live in that home during the entire ownership period. If it was the principal residence for only part of the time, a partial exemption will apply.
To qualify, the property must have been regularly inhabited by the deceased and designated as their principal residence. This can result in substantial tax savings for both the estate and beneficiaries.
3- Strategic Estate Planning and Trusts
Effective estate planning and the use of trusts can help manage potential capital gains tax. Trusts like alter ego trusts or joint partner trusts can allow for tax deferral and bypass probate, offering strategic advantages.
However, tax implications vary based on the trust type, so it’s essential to consult with our qualified tax advisors to ensure the trust structure aligns with your goals. While trusts offer control over asset distribution and tax timing, they don’t always eliminate capital gains tax entirely.
4- Registered Retirement Savings Plans (RRSPs) and Tax-Free Savings Accounts (TFSAs)
Registered Retirement Savings Plans (RRSPs) and Tax-Free Savings Accounts (TFSAs) have different tax implications upon death. These can also impact the overall tax burden on the estate, though not directly as capital gains on property.
RRSPs
While contributions to an RRSP do not directly reduce capital gains tax on other assets, they can affect the overall tax payable on the deceased’s final (terminal) return. The full value of the RRSP is generally included as income on the deceased’s final return, unless a qualifying beneficiary such as a spouse, common law partner, or financially dependent child is named. If no qualifying beneficiary is designated, the RRSP is included as income and the estate becomes responsible for the associated taxes.
TFSAs
Assets in a TFSA are passed to a named beneficiary tax-free up to the fair market value at the date of death. The value is not included in the deceased’s final taxable income. If the spouse or common-law partner is named as a successor holder, the TFSA continues without interruption and remains fully tax-sheltered. For other beneficiaries, only the value at death is tax-free, while any income earned after that may be taxable. Designating a beneficiary allows the TFSA to pass outside the estate, which can help avoid probate and minimize delays.
5- Beneficiaries of Life Insurance
The proceeds from a life insurance policy are tax-free to the beneficiary. The estate can use these funds to cover capital gains taxes on other assets like property too.
Upon death, capital properties that have appreciated in value, such as cottages, rental properties, or investment properties (that do not qualify for the Principal Residence Exemption), are subject to a “deemed disposition” at their fair market value. This triggers a capital gain on the deceased’s final tax return, and the resulting capital gains tax must be paid by the estate.
However, if the estate doesn’t have enough liquid assets (cash) to cover this tax bill, the executor might be forced to sell assets, including the appreciated property itself, just to pay the taxes owing.
This is where life insurance can prove to be invaluable. By providing a tax-free death benefit, the policy creates liquidity within the estate. If the estate is named as the beneficiary, the executor can use these funds directly to pay the capital gains tax triggered by the deemed disposition of the property. Also, if individuals are named beneficiaries, they could use the tax-free proceeds to assist the estate with its tax obligations, allowing the property to be transferred to them without the need for a forced sale.
Probate and Inheritance Tax Ontario
When someone passes away, their will must usually go through probate. A probate is a legal process confirming its validity and the executor’s authority to manage the estate.
In Ontario, this process is known as applying for a “Certificate of Appointment of Estate Trustee” (commonly referred to as a grant of probate). Alongside this, the estate will be required to pay probate fees, officially called the Estate Administration Tax.
While there is no inheritance tax in Ontario or Canada, these probate fees can be hefty depending on the estate’s value. For example, Ontario charges approximately $15 for every $1,000 of estate value over $50,000. These costs are often confused with an “inheritance tax,” but they are administrative fees and not taxes on the inheritance itself.
Other provinces have different probate processes and fee structures. Therefore, it is important to consult provincial guidelines if the deceased owned property outside Ontario.
Claim Against an Estate
Before an estate’s assets can be distributed to the beneficiaries named in a will, some parties can make formal claims against the estate. These claims represent obligations that must be settled before beneficiaries receive their inheritance.
Common types of claims made against an estate include:
Dependents Seeking Support
Individuals who were financially dependent on the deceased (such as a spouse, common-law partner, or minor children) can file a claim if they believe the will (or lack thereof) does not provide sufficient financial support for them.
Creditors Seeking Repayment
Any individual or organization to whom the deceased owed money (creditors) will make claims to recover outstanding debts from the estate’s assets.
Other Legal Claims
This can include disputes over the validity of the will itself, claims based on promises the deceased may have made during their lifetime, or other legal actions against the estate. While beneficiaries receive from the estate, they might make a claim against it if, for example, they are disputing the will or the administration of the estate.
Additionally, estates involving reverse mortgages or jointly held properties will present further complications that must be addressed during probate.
Proper estate planning can help reduce probate exposure, prevent legal challenges and ensure a smoother process for beneficiaries.
FAQs About Inheritance Tax Canada
No, you generally do not need to report an inheritance as income. In Canada, inherited cash, property, or other assets are not considered taxable income for the recipient. However, if the asset later earns income (e.g., rent or dividends), that income is taxable.
If you inherit foreign property, Canadian tax laws still apply. You may also be subject to foreign inheritance rules and reporting requirements, such as the T1135 Foreign Income Verification Statement if the property value exceeds CAD 100,000.
No, you cannot defer taxes on inherited investments. Non-registered investments (like stocks, mutual funds) are “deemed disposed” at death, meaning any capital gains are calculated and taxed on the deceased’s final return. The estate is responsible for this tax. In contrast, certain registered accounts (RRSPs, RRIFs) can be transferred to a spouse or common-law partner on a tax-deferred basis, and TFSAs pass to beneficiaries tax-free, illustrating that deferral depends heavily on the type of account inherited.
Canada has no gift tax, even for large gifts given before death. However, if capital property (like real estate or stocks) is gifted, the giver is considered to have deemed disposed them at fair market value, and capital gains tax may be triggered at that point
The adjusted cost base of inherited capital property is typically the fair market value (FMV) on the date of death. This becomes your new starting point for calculating capital gains if you later sell the asset.
Plan Ahead with Expert Guidance
While there’s no direct inheritance tax in Canada, understanding how to avoid paying capital gains tax on inherited property in Canada can make a meaningful difference to your estate and beneficiaries. Complex rules around capital gains, RRSPs, trusts, and probate can impact the value of what you leave behind—or receive.
The expert tax advisors at Legend Fusions can help you build a personalized estate plan, minimize tax burdens, and ensure full compliance with the CRA.
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.