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Real Estate TaxationTax PlanningHARD

A real estate investor owns a property that has appreciated significantly but wants to defer capital gains tax. Which strategy would be most appropriate under Canadian tax law?

Correct Answer

A) Transfer the property to a spouse or common-law partner

Transferring property to a spouse or common-law partner can occur at adjusted cost base (rollover provision) under subsection 73(1) of the Income Tax Act, effectively deferring capital gains tax until the spouse eventually sells the property. This is a legitimate tax planning strategy for married couples.

Answer Options
A
Transfer the property to a spouse or common-law partner
B
Claim the principal residence exemption
C
Convert the property to rental use to avoid capital gains
D
Donate the property to charity for a tax receipt

Why This Is the Correct Answer

Option A is correct because subsection 73(1) of the Income Tax Act provides for automatic rollover treatment when property is transferred between spouses or common-law partners. Under this provision, the property transfers at the adjusted cost base (original purchase price plus improvements), meaning no capital gains are triggered at the time of transfer. The receiving spouse assumes the original cost base, effectively deferring the capital gains tax until they eventually dispose of the property. This is a legitimate tax planning strategy that allows couples to optimize their tax situation while maintaining family ownership of the asset.

Why the Other Options Are Wrong

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Key Terms

spousal rolloversubsection 73(1)adjusted cost basecapital gains deferralIncome Tax Act
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