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Capital Gains Tax Changes 2024: Implications for Real Estate Transactions

As a law firm specializing in conveyancing services, we recognize that tax law changes can significantly impact your real estate transactions. With the 2024 federal budget proposing changes to the capital gains tax inclusion rate, it’s essential for buyers and sellers to understand these implications. Here’s a breakdown tailored to your real estate needs.

What Are Capital Gains and Capital Gains Tax?

Capital gains occur when you sell an asset, such as a property, for more than its purchase price. In Canada, these gains are subject to capital gains tax, but only a portion of the gain is taxable.

What is Exempt from the Capital Gains Tax?

When you sell your home, the capital gains realized from the sale are exempt from the capital gains tax if it is your principal residence. A principal residence is where you or your spouse, former spouse, or child typically reside. This can be a house, cottage, condominium, apartment in a building, duplex, or even a trailer, mobile home, or houseboat. To qualify as a principal residence, it must meet these conditions:

  • It’s a house, apartment, or a share in a co-op.
  • You own it by yourself or with someone else.
  • You, your spouse or partner, or child lived there at some point during the year.
  • You declare it as your principal residence.

Current Capital Gains Tax Inclusion Rate

Currently, only 50% of the capital gain from selling a property is taxable. Let’s illustrate this with a condo example:

Purchase Price: $500,000

Sale Price: $700,000

Capital Gain: $200,000

Taxable Gain (50%): $100,000

If your regular income is $80,000, adding this taxable gain of $100,000 results in a total income of $180,000 for the tax year.

2024 Budget Changes and Their Impact on Real Estate

The 2024 federal budget proposes to increase the capital gains tax inclusion rate to 66.67%. Here’s how this change could impact your real estate transactions:

  • Increased Tax Liability: With the new rate, the taxable gain increases to $133,340 (66.67% of $200,000), leading to higher taxes.
  • Net Proceeds: Sellers may receive lower net proceeds from the sale due to higher tax deductions.
  • Buying Opportunities: Buyers may find motivated sellers aiming to complete transactions before the new rates take effect.

When Do the Changes Take Effect?

The proposed changes will come into effect on June 25, 2024.

Why Should You Care?

Understanding these changes is crucial for making informed decisions in your real estate transactions. As your trusted conveyancing partner, we’re here to help you navigate these complexities seamlessly.

Planning Ahead with Northam Law

Given the potential impact of these changes, proactive planning is essential. Here’s how we can assist:

  • Review Your Property Portfolio: Understand the tax implications to time your transactions effectively.
  • Consult with Our Professionals: Our experienced conveyancing team can provide personalized advice tailored to your real estate needs.

The proposed changes to the capital gains tax inclusion rate introduce new considerations for real estate transactions. As your dedicated conveyancing partner, we’re committed to guiding you through these changes. Whether you’re buying your dream home or selling an investment property, staying informed and seeking professional advice can help you navigate with confidence.

For personalized guidance on your real estate transactions considering these tax changes, contact Northam Law today. We’re here to help you make informed decisions and achieve your real estate goals.


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Melissa has 8+ years of combined Commercial, Business and Contract Law experience as In-House Counsel in manufacturing, health, real estate development, and broadcast communication industries. She is instrumental in developing strategies to minimize legal risk and ensure regulatory compliance.

She has 6+ years of Human Resources Management experience and a Chartered Professional in Human Resources (CPHR) designation. Her practice includes Family Law, Civil Litigation, Wills & Estates and Real Estate & Conveyancing.

For fun, she visits ancient sites and ruins and belts out popular Broadway tunes.

northam law corporation

Northam Law is a boutique law firm offering advisory services in Real Estate Law and Conveyancing, Business Law, and Human Resources. Our practice areas also include Wills & Estates and Family Law. Notarization services are also available.

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