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    Federal Budget 2022: Ottawa to Implement Canada-Wide Anti-Flipping Tax

    Anti-Flipping Tax

    The 2022 Federal Budget introduces a new deeming rule to ensure profits from flipping residential real estate are subject to full taxation. The proposed Anti-Flipping Tax would affect homeowners who sell a principal residence that they have owned for less than 12 months.

    Property flipping involves purchasing real estate with the intention of reselling the property in a short period of time to realize a profit. Profits arising from dispositions of residential property, including rental properties, that were owned for less than 12 months, will be deemed business income and are fully taxable as business income. These properties would not be eligible for the 50% capital gains inclusion rate, or the principal residence exemption available to residential homeowners.

    This is a change from current Canadian legislation which allowed a capital gains tax exemption on all principal residences.

    Exemptions to the New Anti-Flipping Tax Rule

    Exemptions to the proposed Anti-Flipping Tax rule would apply for Canadians who sell their home within 12 months due to certain life circumstances, such as death, disability, the birth of a child, a new job, or the breakdown of a relationship. The Federal Government indicates that exemptions will be set in forthcoming rules put forward for consultation in draft legislation.

    “This new measure will ensure that investors who flip homes pay their fair share, while protecting the current, vitally important, principal residence exemption for Canadians who use their houses as homes.”, the budget reads.

    These measures would apply in respect of residential properties sold on or after January 1, 2023. If you have any questions about the proposed Anti-Flipping Tax, contact the Real Estate Lawyers at Merovitz Potechin LLP.

    The content on this website is for information purposes only and is not legal advice, which cannot be given without knowing the facts of a specific situation. You should never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. The use of the website does not establish a solicitor and client relationship. If you would like to discuss your specific legal needs with us, please contact our office at 613-563-7544 and one of our lawyers will be happy to assist you.

    Harrison Milburn

    Posted By: Harrison E. Milburn of Merovitz Potechin LLP

    Associate

    Harrison’s real estate practice focuses on commercial real estate transactions, secured lending and land development.

    Harrison has experience working for borrowers and private commercial lenders, credit unions and chartered banks on commercial real estate financing. He has worked on commercial real estate acquisitions and matters pertaining to land development. He also has experience in planning and land use matters pertaining to waste management and environmental law.

    While in law school, Harrison was chapter President of the University of Ottawa’s Runnymede Society, hosting prominent Canadian judges and academics for speaking engagements on topics pertaining to the rule of law and constitutionalism.

    Outside of the office, Harrison is an avid outdoor enthusiast who enjoys fishing, hiking and snowmobiling.

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