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How to Calculate Capital Gains on a Property Sale in Ontario

A step-by-step way to work out capital gains on an Ontario property sale: proceeds, adjusted cost base, selling costs and the one-half inclusion rate.

Real Estate5 min readTSLBy the Treadstone Law Team · OntarioUpdated October 28, 2026
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Key takeaways
  • A capital gain is proceeds of disposition minus the adjusted cost base and the outlays and expenses of the sale.
  • Only one-half of a capital gain is generally taxable.
  • Land transfer taxes and legal fees paid to buy are generally part of your cost, while repairs are not.
  • If you sold your principal residence, you must still report the sale, even if the exemption covers every year.

You are selling a property, perhaps a rental, a cottage or a former home, and you want a rough idea of the tax before you sign. The calculation follows the same steps each time, and most of the work is gathering the right numbers.

This article walks through those steps in order. It is general information, and a lawyer or accountant should confirm the figures for your own sale.

The basic formula

Capital gain equals proceeds of disposition minus the sum of your adjusted cost base and the outlays and expenses of the sale. Section 40(1)(a) of the Income Tax Act sets out this computation.

StepWhat you work out
1Proceeds of disposition
2Adjusted cost base
3Outlays and expenses of selling
4Capital gain: step 1 minus steps 2 and 3
5Taxable capital gain: one-half of the gain

Step 1 and 2: proceeds and adjusted cost base

Proceeds of disposition are usually the amount you received or are to receive. For most sales, that is the price in the agreement of purchase and sale, though adjustments on closing can affect what you actually receive.

Adjusted cost base is usually the cost of the property plus any expenses to acquire it, such as commissions and legal fees. Capital improvements are added, but current expenses such as maintenance and repairs are not. Land transfer taxes are added to the property's cost rather than deducted as a rental expense.

The difference between a repair and an improvement matters. A repair that simply restores a property to its original condition is generally a current expense, while a capital expense generally gives a lasting benefit or advantage. Keep receipts so you can show which is which.

Step 3: outlays and expenses of selling

Outlays and expenses of selling are amounts incurred to sell a capital property. Examples are fixing-up costs, finders', brokers' and surveyors' fees, legal fees, transfer taxes, commissions and advertising. They reduce the gain, and they cannot be deducted from other income.

If you sell a rental property, the disposition is listed on Schedule 3 with the land and the building reported separately. Only the gain on the part used to produce income is reported on line 13800.

Step 4: apply the inclusion rate

Paragraph 38(a) of the Income Tax Act sets the taxable capital gain at one-half of the capital gain, and paragraph 38(b) sets the allowable capital loss at one-half of the capital loss. The CRA states that the capital gains inclusion rate for 2025 is one-half.

You may have heard about a proposed increase. Budget 2025 confirmed the government would not proceed with the capital gains inclusion rate increase, including for corporations, and section 38 still sets one-half for all taxpayers. Rates and rules can change, so confirm the rate for the year of your sale.

The taxable amount is added to your income and taxed at your marginal rates. If the result is a loss rather than a gain, the allowable capital loss is one-half of the capital loss. How that loss can be used depends on your situation, so it is worth confirming with a lawyer or accountant.

When the simple formula does not apply

The CRA looks at factors such as the type of property, how long it was owned, your history of selling similar properties, work done on the property, why you sold, and your intention when you bought it. If your situation touches any of these, get advice before filing.

What to do next

Frequently asked questions

What percentage of a capital gain is taxed?

Generally one-half of the gain is taxable. The CRA states the 2025 inclusion rate as one-half, and the proposed increase was not proceeded with. Confirm the rate for your year of sale.

Can I deduct my realtor and legal fees on the sale?

Commissions and legal fees on selling are outlays and expenses of the sale. They reduce the gain, but they cannot be deducted from other income.

Do I report the sale of my home if there is no tax?

Yes. Reporting on Schedule 3 and Form T2091 is required even if the home was your principal residence for every year owned.

Is my gain always a capital gain?

No. A housing unit held under 365 consecutive days can be deemed business income, and a property bought mainly to resell is taxed as business income. Some life-event exceptions exist to the flipping rule, such as a death or a serious illness.

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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