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Rental Property Tax Deductions Landlords Can Claim in Ontario

How Ontario landlords treat capital cost allowance, selling costs, recapture and capital gains on a rental property, and what to confirm with an accountant.

Real Estate5 min readTSLBy the Treadstone Law Team · OntarioUpdated November 6, 2026
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Key takeaways
  • Capital cost allowance (CCA) cannot be used to create or increase a rental loss.
  • CCA you claimed can be recaptured when you sell and is added to income in full, not at the capital gains inclusion rate.
  • Legal fees paid on a sale reduce your proceeds rather than being claimed as a rental expense.

Owning a rental property means tracking more than rent coming in. How you treat expenses, depreciation and eventually the sale all affect your tax bill, and some choices made in early years come back when you sell.

This article walks through the pieces that matter most to a small landlord: capital cost allowance, selling costs, capital gains, recapture and a few special situations. The details of which specific repairs count as current or capital expenses depend on the facts, so an accountant should confirm your own treatment.

Income, expenses and capital cost allowance

Rental income is reported to the CRA each year, and the CRA's guide for rental income (T4036) explains what to report and how. Capital cost allowance, or CCA, is the tax version of depreciation on a building. It lets you deduct part of the building's cost over time.

One limit to know is that CCA cannot be used to create or increase a rental loss. In practice, that means you can only claim it to bring your rental income down to zero, not below.

How much CCA makes sense for you depends on your situation, so it is worth confirming with an accountant. One reason is what happens later on a sale: CCA you claimed can be recaptured and added to income in full. That is covered below.

Current expenses versus capital costs

In general terms, a current expense is a cost of keeping the property running or restoring it to its condition, while a capital cost is spending that improves the property or adds something lasting. Where one ends and the other begins depends on what was done and why.

Treating a capital improvement as a current expense can lead to a reassessment, so large jobs deserve a second opinion.

What happens when you sell

Selling a rental property for more than it cost may produce a capital gain, and the sale is reported on Schedule 3, Capital Gains or Losses. Your adjusted cost base (ACB) is usually the cost of the property plus the costs of buying it, such as commissions and legal fees. The gain is the amount by which proceeds exceed the ACB plus the costs of selling.

For 2025, the capital gains inclusion rate is generally one-half, so only half of the gain is added to taxable income. The proposed increase to two-thirds on individuals' gains above $250,000 a year was cancelled. Check the CRA's current pages for the year you sell.

Legal fees paid on the sale are deducted from the proceeds of disposition, not claimed as a rental expense.

Recapture and terminal losses

If the CCA you claimed in earlier years is more than the undepreciated balance left in the class when you sell, the excess is a recapture. It is added to income in full, not at the capital gains inclusion rate. That is why claiming CCA lowers tax now but can raise it on a sale.

There is also a loss rule that surprises people. Selling depreciable property such as a rental building cannot produce a capital loss, though a terminal loss may be deductible if no property is left in the class but undeducted CCA remains.

ItemHow it is treated
Capital gainOnly one-half generally added to income for 2025
CCA recaptureAdded to income in full
Loss on a rental buildingNo capital loss; possible terminal loss

Special situations and next steps

Before you sell or change how you use a property, talk to an accountant and, if the sale is complex, a lawyer.

Frequently asked questions

Do I have to claim CCA on my rental property?

How much CCA to claim depends on your situation, so it is worth confirming with an accountant. What is clear is that CCA cannot be used to create or increase a rental loss. Because CCA can be recaptured on a sale and added to income in full, it is worth discussing the tradeoff before you decide.

Is the capital gain on my rental fully taxable?

For 2025, the inclusion rate is generally one-half, and the proposed increase to two-thirds was cancelled. Recapture of CCA is taxed differently, because it is added to income in full.

Can I deduct my lawyer's fees on selling a rental?

Legal fees paid on the sale are deducted from the proceeds of disposition, not claimed as a rental expense.

What if I move into my rental?

A change in use is treated as a sale at fair market value unless an election applies. An election to postpone is not available if CCA was claimed after 1984 by you, your spouse or common-law partner, or a qualifying trust.

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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