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A couple owned their home for 20 years. For 8 of those years they rented out a self-contained basement apartment, created by renovation and making up 40% of the home, and they claimed capital cost allowance on it. When they sell, how does this affect their principal residence exemption?

Correct Answer

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

Converting 40% of the home into a separate rental unit is a partial change in use, so the Income Tax Act deems that portion disposed of at fair market value when the rental began (s. 45(1)(c)). The gain up to then is sheltered by the exemption, but the gain on the rented 40% during the 8 rental years is taxable. The CRA's relief for ancillary rentals does not apply because there was a structural change and CCA was claimed, and claiming CCA also rescinds any subsection 45(2) election.

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

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Key Terms

principal residence exemptionpartial change in usesubsection 45(2) electioncapital cost allowanceIncome Tax Act
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