The principal residence exemption
Section 40(2)(b) of the Income Tax Act reduces the gain on a home by a formula based on the number of years it was your principal residence, and section 54 defines that as a housing unit you, your spouse or your child ordinarily inhabited in the year. A family unit may designate only one property for any year. The formula adds one year, which is what lets a family sell one home and buy another in the same year without losing a year.
Since the 2016 tax year the sale must be reported on Schedule 3 and Form T2091 even when the gain is fully exempt. Failing to report can cost the exemption and a late-filing penalty.
When the exemption does not cover everything
Part of the gain may be taxable if the home was rented out for some years, if you claimed depreciation on a home office, if you owned a second property such as a cottage and designated it for some of the years, or if the land exceeds half a hectare and the extra is not needed for the residence. The CRA's folio on principal residences explains each case.
As of September 2026 the federal flipping rule in section 12(12) of the Act treats the profit on a housing unit owned for fewer than 365 consecutive days as business income, with no exemption, unless the sale is due to a listed life event: death, a household addition, marriage breakdown after 90 days apart, illness or disability, a job relocation or loss, insolvency, or the home's destruction.
Non-residents and section 116
If you were not a resident of Canada for tax purposes when you sold, section 116 of the Act requires notice to the CRA and, until a certificate is issued, obliges the buyer to withhold a percentage of the price. In practice your lawyer holds that amount in trust and releases it when the certificate arrives, which can take months. Form T2062 starts the process.
Whether you count as a non-resident is a question of fact and of tax law, and a mistake is expensive for the buyer as well as for you. Tell your lawyer early if you live outside Canada or have recently left.
Claims after closing
A buyer who finds a problem after closing may claim that you knew of a hidden defect and stayed silent, hid it, or misrepresented the home. Whether that succeeds depends on what you knew, what you said and whether the defect was one an inspection could have found. Under the Limitations Act, 2002 a claim must generally be started within two years of the buyer discovering it.
Do not respond on your own. Send any letter to your lawyer, and keep your disclosure, the inspection report if you saw it, and every invoice and permit. The buyer's insurer or title insurer may also be involved.
Wrapping up
Confirm the discharge of your mortgage has been registered; we follow up, and you should keep the confirmation. Cancel your home insurance from the day after closing, not before. Close or transfer utilities and the rental contracts you paid out. Update your address with the CRA, ServiceOntario and your lender.
If the home is in a municipality with a vacant home tax, a declaration for the year of sale may still be required from you or from the buyer; check the municipality's rules for who files. File the closing package with your tax records: it establishes the sale price, the costs of sale and the date of disposition.
Your steps
Who's involved
Prepares Schedule 3 and Form T2091, calculates any taxable portion and handles flipping-rule or non-resident filings.
Sends the reporting letter, obtains the discharge and responds to any claim from the buyer.
Administers the exemption, the flipping rule and the section 116 certificate.
Documents you will need
Tools for this stage
Guides to download
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Guide · PDFNet Proceeds Worksheet: What You Actually Take Home From an Ontario SaleFree to download. Arrives by email in seconds.
Guide · PDFThe Seller's Disclosure Guide: What You Must Tell a Buyer in OntarioFree to download. Arrives by email in seconds.
Questions people ask
Do I have to report the sale if it was my only home?
Yes. Since the 2016 tax year every sale of a principal residence must be reported on Schedule 3 and designated on Form T2091, even when the exemption removes the whole gain. Not reporting can cost you the exemption.
I rented out the basement. Is the exemption still available?
Usually in part. Where the rental portion was small, no structural change was made and no depreciation was claimed, the CRA may treat the whole home as your residence. Otherwise the gain is apportioned. The folio on principal residences sets out the tests; an accountant should apply them to your facts.
I sold within a year of buying. Is the profit taxed as income?
Under the flipping rule, yes, unless the sale was because of a listed life event such as death, marriage breakdown after 90 days apart, illness, a work relocation or job loss. The rule applies to the property, not to your intention when you bought it.
The buyer says the basement leaked. Am I liable?
It depends on what you knew and said. A seller is liable for a known hidden defect that made the home unsafe or unfit, for concealment, and for a false statement. A seller is not liable for a problem a reasonable inspection would have shown. Send any letter to your lawyer before replying.
I live abroad. Why was part of my money held back?
Because you were a non-resident for tax purposes, section 116 of the Income Tax Act requires withholding from the price until the CRA issues a certificate. Your lawyer holds the amount in trust and releases it, less any tax the certificate requires, when it arrives.
Also in this centre
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Sources
- Income Tax Act, s. 40(2)(b) (principal residence exemption)
- Income Tax Act, s. 54 (definition of principal residence)
- CRA Income Tax Folio S1-F3-C2, Principal Residence
- Limitations Act, 2002
General information about Ontario law as of 5 September 2026, not legal advice. It does not create a lawyer–client relationship.
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