- Proceeds of disposition: The asset’s value at the time of sale. It generally represents the amount earned from the transaction. When calculating a capital gain, you will deduct any outlays and expenses from the proceeds of disposition to determine the net proceeds of the sale.
- Adjusted cost base (ACB): The amount originally paid for the asset, plus any acquisition costs, such as commissions and legal fees. For example, the ACB of a real estate property can include closing costs as well as capital expenses.
- Outlays and expenses: The total of costs deemed necessary before selling, such as renovations and maintenance expenses, finders’ fees, commissions, brokers’ fees, surveyors’ fees, legal fees, transfer taxes and advertising costs.
Once you have those three numbers in hand, you can calculate the capital gain by subtracting the ACB and outlays and expenses from the proceeds of disposition.
Capital gain or loss = proceeds of disposition – (ACB + outlays and expenses)
How to avoid or minimize capital gains tax in Canada
There’s no way out of paying taxes, and you could face an interest penalty for failing to pay your taxes or missing a tax deadline. Tax evasion is illegal in Canada, but you have the right to seek paying the least amount of tax possible within the law. It’s no different with capital gains. Here are some ways you can legally reduce the amount of capital gains tax you owe in Canada.
1. Understand how capital gains are calculated
Any strategy aimed at reducing capital gains tax should begin with understanding the rules outlined above. Knowing which expenses to account for in calculating a capital gain can help reduce the amount, saving you from paying more taxes than necessary. For example, renovations, transfer taxes and legal fees can be deducted from the proceeds of disposition on the sale of a property to reduce the capital gain on real estate.
2. Hold your investments in a registered account
One of the easiest ways to avoid paying taxes on capital gains is to hold your investments in a registered account, such as a registered retirement savings plan (RRSP), tax-free savings account (TFSA), first home savings accounts (FHSA) or registered education savings plan (RESP).
Investments held in these accounts are tax-sheltered. That means your investments can grow in value or generate income (such as dividends and compound interest) tax-free. With TFSAs, you can even withdraw the funds without paying taxes on them. You or your beneficiary will pay taxes when withdrawing from an RRSP or RESP, but typically at a lower rate than you would if reporting the income on your tax return today.
If you have available RRSP contribution room, another option is to put the capital gain proceeds into an RRSP, which reduces your total earned income for the year.
3. Claim a capital loss from other investments
You don’t pay any tax on capital losses; in fact, they can help offset the taxes you would otherwise pay on capital gains until the balance of capital gains for the year is reduced to zero.
You can claim capital losses to offset gains reported to the CRA during the previous three years, or you can carry those losses into the future—indefinitely—and apply them to another year. Note, however, that this applies only to income earned from capital gains; you can’t claim a capital loss against employment income.
People often look to realize capital losses late in the year, once their capital gains for the year are known, a process known as tax-loss harvesting or tax-loss selling.
4. Claim the principal residence exemption
Residential properties are considered an “asset” and are therefore subject to capital gains tax. There is one big exception to this rule. It’s called the principal residence exemption. A home that has served as your principal residence is exempt from capital gains tax, as long as it meets the following criteria:
- You own the home either alone or jointly with another person.
- You have designated the property as your principal residence with the CRA.
- You, your spouse, your common-law partner or your kids inhabited the home in each year for which the exemption is claimed.
- You haven’t claimed any other property as your principal residence during any of the years in which the exemption is claimed. You can only have one principal residence in a given year, but it does not have to be used continuously, nor does it have to be the property you occupied most frequently.
5. Donate your assets to charity
You may also choose to donate securities, such as stocks and bonds, by transferring ownership to a registered charity. Taxes on capital gains do not apply to capital transfers to charitable organizations. This allows you to give more than you would with cash—selling the asset first would result in taxes owed—and still receive a charitable tax receipt for the amount donated.
Tax on capital gains in Canada
The tax owed on capital gains is often less than Canadians believe. No, you do not lose 50% of a capital gain in taxes. In reality, only half of a realized gain is taxed, and your marginal tax rate determines your tax bill.
This means the amount you end up paying in tax will depend on how much your asset has grown in value, as well as your other sources of income. And between tax-sheltered investment accounts, the principal residence exemption and the rules around capital losses, there are many legitimate ways to ensure you don’t pay more tax than necessary in any given year.