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Real Estate

Do I Pay Capital Gains Tax When I Sell My Farm in Ontario?

TSL Written by the Treadstone Law Team· Updated November 13, 2026

Possibly, but not always. A capital gain on farmland is generally taxed on only part of the gain, because the capital gains inclusion rate remains one-half, and the proposed increase to two-thirds was cancelled on March 21, 2025. A lifetime capital gains exemption can reduce the tax further on qualified farm or fishing property.

For 2025, the lifetime capital gains exemption for qualified farm or fishing property is $1,250,000 of capital gains, which is a maximum capital gains deduction of $625,000, and indexation resumes in 2026. How much of that amount you can use depends on your situation, so it is worth confirming with a lawyer.

If a home sits on the land, any land under it beyond one-half hectare generally does not qualify for the principal residence exemption unless you show it was needed to use the home as a residence. A transfer from an individual to a family farm corporation that will keep farming the land may be exempt from Ontario land transfer tax, but a holding corporation that rents the land to another farming entity does not qualify. Because timing and structure matter, speak with an accountant or lawyer early.

Key takeaways

  • The capital gains inclusion rate remains one-half, and the proposed increase to two-thirds was cancelled on March 21, 2025.
  • For 2025, the lifetime capital gains exemption for qualified farm or fishing property is $1,250,000 of capital gains, a maximum deduction of $625,000, but how much of that applies to you depends on your situation, so it is worth confirming with a lawyer.
  • Land under a home beyond one-half hectare generally does not qualify for the principal residence exemption unless it was needed to use the home as a residence.
  • Whether your property meets the conditions for the exemption depends on the facts, so confirm with an accountant or lawyer before you sell or transfer.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.

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Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

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