Prorogation of Parliament Leaves Capital Gains Changes in Limbo
The recent resignation of Prime Minister Justin Trudeau and the prorogation of Parliament have left several tax changes in limbo, including proposed changes to the capital gains tax. The 2024 federal budget had proposed an increase to the capital gains inclusion rate from 50% to 66.67% on gains greater than $250,000 realized on or after June 25, 2024. However, the Canada Revenue Agency (CRA) has confirmed it will continue to manage the tax under the proposed rules included in the Notice of Ways and Means Motion tabled on September 23, 2024 and will be issuing forms to allow taxpayers to file in accordance with the new capital gains rules by January 31, 2025. If Parliament resumes and the government decides against the changes, the CRA will cease administering the policy.
For now, taxpayers have two options:
- Pay capital gains tax at the higher inclusion rate
- To avoid potential arrears interest and penalties, taxpayers can pay their capital gains tax at the higher inclusion rate. If the proposed changes don’t become law, they’ll be entitled to a tax refund, along with refund interest.
- Follow existing legislation
- Taxpayers who believe the proposed changes won’t become law can report their 2024 capital gains with a 50% inclusion rate, but the CRA may assess retroactive penalties if the draft legislation eventually becomes law.
GBA encourages you to consult a tax professional for personalized advice on how to navigate this situation and to understand your best course of action. As this situation develops, we will continue to inform members of any significant updates.
Proposed Capital Gains Changes and Cottagers
In the 2024 federal budget, the government proposed increasing the capital gains tax inclusion rate from 50 percent to approximately 67 percent on gains greater than $250,000. This proposed change was intended to target the wealthiest 0.13 percent of Canadians, but an unintended consequence is that many average Canadian families could have to sell their much-treasured cottages if they are unable to pay the higher tax when the cottage passes from one generation to the next.
With rising property values over the years, the capital gains triggered on transfer of cottages to the next generation has become more of an issue, and this capital gains tax rate increase will make it more challenging. Multiple generations and siblings are sharing the financial burden of rising property taxes, higher maintenance costs, and the overall increased cost of living to be able to keep their beloved properties in the family for future generations. That is not the profile of the ultra-wealthy. Over half a million family cottages across Canada are facing similar challenges.
The capital gains tax changes took effect on June 25, 2024.
News Stories & Additional Resources
- Capital gains tax changes are in limbo. But the CRA is collecting new charges anyway – CBC – January 7, 2024
- GBA Weighs In on the Proposed Rate Increase for Annual Capital Gains – May 2024
- Georgian Bay Association ‘Encouraging Folks Not to Sell’ with Increase in Capital Gains Tax Looming – Parry Sound North Star, May 18, 2024
- Government to Force Vote on Capital Gains Tax Hike – Globe & Mail, June 8, 2024
- Why the Government Should Reconsider the New Capital Gains Tax Rate – Cottage Life, May 22, 2024
- Cottage Succession Planning – FOCA
This is intended for general information purposes only. While we have attempted to provide information that is helpful for our readers, GBA does not provide tax, legal or accounting advice and accepts no legal liability for the contents of this article. Ensure you check original sources for additional details and updates. For advice regarding your personal taxation and filing needs, please contact your own tax professional or accounting advisor.