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Real Estate TaxationCapital GainsHARD

A couple has owned their principal residence for 20 years. For 8 of those years, they rented out 40% of the home. When they sell, how does this affect their principal residence exemption?

Correct Answer

D) They must pay capital gains tax on the proportionate rental use during rental years only

When part of a principal residence is used for rental income, the capital gains exemption is reduced proportionately. The couple would pay capital gains tax on 40% of the capital gain attributable to the 8 years of rental use, while the remaining portion maintains the principal residence exemption. This is calculated based on the change-in-use rules under the Income Tax Act.

Answer Options
A
They lose the exemption entirely due to the rental income
B
They can claim the full exemption if they elect under subsection 45(2)
C
They must pay capital gains tax on 40% of the gain for all 20 years
D
They must pay capital gains tax on the proportionate rental use during rental years only

Why This Is the Correct Answer

When part of a principal residence is used for rental income, the capital gains exemption is reduced proportionately. The couple would pay capital gains tax on 40% of the capital gain attributable to the 8 years of rental use, while the remaining portion maintains the principal residence exemption. This is calculated based on the change-in-use rules under the Income Tax Act.

Deep Dive: Understanding the Answer

When part of a principal residence is used for rental income, the capital gains exemption is reduced proportionately. The couple would pay capital gains tax on 40% of the capital gain attributable to the 8 years of rental use, while the remaining portion maintains the principal residence exemption. This is calculated based on the change-in-use rules under the Income Tax Act.

This question tests your understanding of Real Estate Taxation concepts that are commonly assessed on Canadian real estate licensing exams. The correct answer, “They must pay capital gains tax on the proportionate rental use during rental years only”, reflects a fundamental principle that real estate professionals in Canada must understand.

Specifically, this falls under the sub-topic of Capital Gains, which is an important area within Real Estate Taxation that appears regularly on provincial licensing exams across Canada.

About Real Estate Taxation

Property tax, land transfer tax, GST/HST on real estate, capital gains, and tax planning.

Real Estate Taxation is one of the core areas covered on Canadian real estate licensing exams, including RECO (Ontario), BCFSA (British Columbia), and RECA (Alberta). Understanding these concepts is essential for anyone pursuing a career in Canadian real estate.

Study Tips for Real Estate Taxation

  • Know when GST/HST applies to real estate transactions and when it does not.
  • Understand land transfer tax calculations for your province.
  • Review the principal residence exemption for capital gains.
  • Study the tax implications of non-resident buyers (NRST).

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