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Deemed Dispositions

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Glossary  -> Deemed Disposition of Assets

Deemed Disposition of Property

A capital gain or loss normally only occurs when a property is actually sold.  However, there are instances where a property may be deemed to be sold.  That is, you must treat the situation as if you have actually sold the asset.  Some types of deemed dispositions:

1.  Securities are transferred from a non-registered investment account into a registered retirement savings plan (RRSP), registered disability savings account (RDSP), tax-free savings account (TFSA), or registered retirement income fund (RRIF).  In this case, the deemed proceeds will be the market value of the securities at the time of transfer to the registered account.  Note that if a loss has occurred in the transfer to an RRSP, RDSP, TFSA or RRIF, it will not be deductible for tax purposes.  See our article Transfer shares to a registered account, but not at a loss.

2.  Property is gifted to a third party.  In this case, the property is deemed to have been sold at its fair market value at that time.

3.  Use of property changes from personal use to business or investment use, or vice versa.  Again, the property is deemed to have been sold at its fair market value.  An example is a personal residence being converted to a rental property, or a rental property being converted to a personal residence.  See our article on Change in use of real estate.

4.  A taxpayer ceases to be a resident of Canada for tax purposes.  Certain properties are excluded, and in some cases where capital gains occur, a tax payment can be delayed until the property is sold.

5.  When an individual dies, all of their capital property is deemed to have been sold immediately prior to death.  See our Wills and Estates page.

Revised: March 10, 2019

 

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