Residential Real Estate

Sales in Various Scenarios

Flipping

Property flipping

Tear Downs

Tear down, rebuild, sell

Investments

Long term investments

Residential
Real Estate

Real estate has been one of the enduring sources of increase in personal net worth of Canadians in the past three decades. The construction boom in large cities of Canada, brought about by large immigration and general growth of the economy, coupled with favorable interest rates has helped a lot of people invest in residential real estate in several that involve a whole range of transactions from pure speculation in condos/homes to long term investments in residential properties bought as principal residence or rental properties.

CRA has been becoming stricter in enforcing tax on transaction that may involve tax evasion, or paying lower taxes by using capital gains taxes where elements of business activity exist. This following provides an analysis of the tax implications associated with different residential property transactions Canada, specifically focusing on property flipping, tear down-rebuild-sell projects, and long-term investment properties. Understanding these implications is crucial for strategic planning and compliance with the Canada Revenue Agency (CRA) regulations.

1. Property Flipping

Property flipping involves purchasing real estate and selling it within a short period for a profit. Flippers typically make minor renovations or repairs to increase the property’s value. History of the taxpayer is really relevant and the duration of holding of any property has be seen through that lens in order for CRA to determine a flip v. an investment.

Tax Implications

  • Business Income: Profits from flipping are generally considered business income, not capital gains, because the intent is to make a profit through an active business process.
  • Tax Rate: Business income is taxed at the individual’s marginal tax rate, which is higher than the capital gains tax rate.
  • GST/HST: Flippers may need to register for GST/HST if their activities are considered a business, particularly if they flip multiple properties.

Tax Implications

  • Business Income: Profits from flipping are generally considered business income, not capital gains, because the intent is to make a profit through an active business process.
  • Tax Rate: Business income is taxed at the individual’s marginal tax rate, which is higher than the capital gains tax rate.
  • GST/HST: Flippers may need to register for GST/HST if their activities are considered a business, particularly if they flip multiple properties.

2. Tear Down. Rebuild-Sell

This involves purchasing a property, demolishing the existing structure, constructing a new building, and selling the developed property.

3. Long Term Investment

Long-term investment involves purchasing property to generate rental income over an extended period, with potential for capital appreciation.

Tax Implications

  • Capital Gains and Rental Income: Revenue from selling long-term investment properties is usually subject to capital gains tax, with only 50% of the gain being taxable. Rental income is taxed as business income.
  • Principal Residence Exemption (PRE): If the property qualifies as a principal residence, the capital gains can be exempt from taxes under the PRE.
  • CCA Recapture: If CCA has been claimed on the property, it must be recaptured upon sale and added to the income if the sale price exceeds the property’s undepreciated capital cost.

Considerations for All Transactions

Tax Trends

In a landscape that is becoming increasingly complex, taxpayers who sold properties several years ago end up getting large HST and income tax assessments for sale of properties that they had long forgotten or thought that taxes had been dealt with accurately.

It is not uncommon for taxpayers to get inquiries to produce construction costs and details for properties sold as far back as 5 to 6 years. Unless properly defended, these can cause catastrophic tax consequences and may lead to dire economic outcomes.

Talk to Us

The tax implications of residential property sales vary considerably based on the nature of the transaction and the intent of the property owner. Flipping and tear down-rebuild-sell activities often result in business income taxation, while long-term investment properties may benefit from capital gains treatment. Proper planning and consultation with tax experts are essential to navigate the complex tax landscape and optimize tax outcomes.

If any of this sounds familiar, please contact Vijay Kalra CPA CA. Our team has the right experience to deal with CRA on this matter.

Call Us for a Consultation +1 416 893 3415