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Selling Your Ontario Home Within a Year: The Flipping Tax Rule

Selling an Ontario home you've owned under 365 days? Learn how the federal flipping rule taxes the profit, what exceptions exist and what to check first.

Real Estate4 min readTSLBy the Treadstone Law Team · OntarioUpdated November 6, 2026
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Key takeaways
  • If you sell a housing unit in Canada after owning it for less than 365 consecutive days, the profit is deemed business income and the principal residence exemption is not available.
  • A loss on a flipped property is deemed to be nil, so you cannot use it to offset other income or gains.
  • Listed life events can take a sale outside the rule, and so can a marriage or common-law breakdown if you have lived separate and apart for at least 90 days before the sale.

Sometimes a home has to be sold sooner than planned. A job ends, a relationship changes, a family member needs care, or the home simply stops working for you. If you have owned the property for less than a year, there is a federal tax rule you should know about before you sign a sale agreement.

The rule is called the residential property flipping rule. It can change how your profit is taxed and can take away the principal residence exemption. This article explains how it works, the exceptions, and what to do if your situation may fit one of them.

What the flipping rule says

A flipped property is a housing unit in Canada, not already inventory, that you owned for less than 365 consecutive days before it was sold. The rule applies to sales on or after January 1, 2023.

If the rule applies, the profit is deemed to be business income, and the principal residence exemption is not available. That is true even if you lived in the home the whole time. Counting the days carefully matters, so confirm your ownership dates with your lawyer or accountant.

Flipping treatment versus normal capital gains

Ordinarily, a capital gain is the proceeds of disposition minus the property's adjusted cost base (ACB) and any outlays and expenses of selling it. You report it on Schedule 3, and the taxable capital gain goes on line 12700. For 2025, the inclusion rate is 50%, so half of the gain is taxable. If the home was your principal residence for every year you owned it, you usually pay no tax on the gain.

Normal saleFlipped property
Type of profitCapital gainBusiness income
Principal residence exemptionMay applyNot available
LossHow a loss is treated depends on your situation, so confirm it with a lawyer or accountantDeemed to be nil

The gap can be large. A gain that might have been fully exempt, or only half taxable, can instead be taxed as business income. Because the loss is deemed nil, a bad sale gives you no tax relief either.

Life events that take a sale outside the rule

The flipping rule does not apply if the sale is due to, or made in anticipation of, any of the following:

Terms such as "eligible relocation" and "related person" have detailed definitions in the Income Tax Act. Whether your facts fit has to be worked out case by case, so it is worth getting advice before you rely on an exception.

Separation and relationship breakdown

There is a separate exception for a breakdown of your marriage or common-law partnership. The flipping rule does not apply if the sale is due to the breakdown and you have lived separate and apart from your spouse or common-law partner for at least 90 days before the sale.

That 90-day condition is part of this exception only. If you are separating and thinking of listing a recently bought home, the timing of the sale compared with the date you started living apart is something to raise with a lawyer or accountant.

What to do next

A short conversation before listing is usually far easier than fixing a tax result after the sale closes.

Frequently asked questions

Does the flipping rule apply if I lived in the home the whole time?

It can. A flipped property is a housing unit in Canada owned for less than 365 consecutive days before it is sold, and the principal residence exemption is not available on it. Living there does not by itself take you out of the rule, but an exception may apply.

What happens if I sell a flipped property at a loss?

A loss on the sale of a flipped property is deemed to be nil. That means you cannot count it as a loss on your return.

Does the rule apply to sales before 2023?

The rule applies to sales on or after January 1, 2023. If your sale is later than that date and you owned the home under 365 consecutive days, it is worth checking the rule.

How is separation treated under the rule?

The rule does not apply if the sale is due to the breakdown of your marriage or common-law partnership and you have lived separate and apart from your spouse or common-law partner for at least 90 days before the sale. Your exact dates matter, so confirm them with a lawyer or accountant.

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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