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Business Income vs Capital Gain on Real Estate in Ontario

Learn how the CRA decides whether profit from selling Ontario property is business income or a capital gain, including the 365-day flipping rule.

Real Estate5 min readTSLBy the Treadstone Law Team · OntarioUpdated October 28, 2026
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Key takeaways
  • A capital gain is generally only one-half taxable, so how your profit is labelled can change your tax bill a great deal.
  • The CRA looks at the type of property, how long you owned it, your history, work done, why you sold and what you intended when you bought.
  • A gain on a housing unit in Canada held fewer than 365 consecutive days is deemed business income, unless a listed life event exception applies.
  • Profit from an assignment sale, such as a pre-construction condo, must be reported as business income.

If you buy and sell property more than once, the question is not only how much you made. It is also how the CRA will classify that profit. The same dollar of profit can be taxed very differently depending on whether it is a capital gain or business income.

There is no single test that settles it. The CRA looks at the whole picture of what you did and why. This article explains the main factors, the strict 365-day flipping rule, and what to do if you are not sure how your sale will be treated.

Why the label matters

Under the Income Tax Act, the taxable capital gain is one-half of the capital gain. The CRA confirms that for 2025 the capital gains inclusion rate is one-half, so half of a capital gain is generally taxable. The proposal to increase that rate was not pursued, and section 38 still sets one-half for all taxpayers.

Business income is different. When the CRA treats a property sale as a business activity, the profit is reported as business income rather than as a capital gain. Recapture of capital cost allowance is also taxed as ordinary income rather than as a capital gain. That is why the classification is often the biggest issue in a repeat buy-and-sell situation.

What the CRA looks at

When the CRA audits a real estate sale, it considers a set of factors rather than one deciding rule. A property bought with the main intention of selling it is taxed on the resulting gain as business income.

No single factor is decisive. Records from the time of purchase, such as listing details, financing documents and your plans for the property, can help show what you intended. A lawyer or accountant can look at your facts and tell you how these factors are likely to be weighed.

The 365-day flipping rule

Separate from the intention test, there is a bright-line rule. A gain on a housing unit in Canada, or a right to acquire one, held for less than 365 consecutive days before disposition is deemed to be business income, not a capital gain. The property is deemed to be inventory and not capital property. A business loss on a flipped property is deemed to be nil.

The rule also applies to a right to acquire a housing unit, so assigning a purchase agreement that you held for less than 365 days is caught.

The rule does not apply if the sale can reasonably be considered to result from, or be in anticipation of, one of these events:

The exact wording of each exception matters, so have the statute checked against your situation before relying on one.

Assignment sales and pre-construction condos

If you sell your right to buy a unit before closing, that is an assignment sale. The CRA states that profit from an assignment sale, such as a pre-construction condo, must be reported as business income.

There can also be GST/HST. For a new build not yet occupied, GST/HST applies to the total received, including any deposit paid. As of May 7, 2022, all assignment sales of newly constructed or substantially renovated residential housing are taxable for GST/HST purposes. The details can be technical, so get advice before you sign an assignment.

How rentals and homes are usually treated

The usual starting point is that profit on the sale of a rental property is reported as a capital gain, and the principal residence exemption usually means no tax on a home sale. The exception is where the property was bought mainly to sell for profit.

SituationGeneral treatment
Rental property held as a long-term investmentCapital gain, with one-half taxable
Home that was your principal residenceUsually no tax on the sale, unless bought mainly to sell for profit
Bought with main intention of sellingGain taxed as business income
Housing unit held under 365 consecutive daysDeemed business income unless an exception applies
Assignment of a pre-construction condoBusiness income

What to do next

If you are buying and selling regularly, think about classification before you sell, not after you file.

Frequently asked questions

Is profit from selling a house always a capital gain?

No. A property bought with the main intention of selling it is taxed on the gain as business income. Separately, a housing unit held fewer than 365 consecutive days is deemed business income unless an exception applies.

What if I held the property for longer than 365 days?

The 365-day rule would not apply on its own, but the CRA can still treat the profit as business income based on your intention and other factors. Holding longer does not guarantee capital gain treatment.

Can I claim a loss if I flip a property at a loss?

On a flipped property, a business loss is deemed to be nil. That means you generally cannot use it to reduce other income.

Do I pay GST/HST when I assign a pre-construction condo?

For a new build not yet occupied, GST/HST applies to the total received, including any deposit paid. All assignment sales of newly constructed or substantially renovated residential housing have been taxable since May 7, 2022. A lawyer or accountant can confirm how it applies to your sale.

Sources

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

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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