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Naseem
Level 3

Election section 45 (3)

Hi,

 

If a client Elect under subsection 45 (3) to not have the deemed disposition provision of subsection 45 (1) apply “ in respect of a complete change in use of an Income -producing property to a principal residence, are we required to show all calculation of capital gain of the “ deemed to have disposed of the Property” and complete the Schedule 3 in his tax return of that year  OR just we need to submit a form of election 45 (3) and no need to prepare schedule 3 in that year’s tax return?

I wonder, if in case, we are required to complete Schedule 3 of that "Deemed to have disposed of the Property” how the tax on capital gain will be differed and stopped not to be included in the total income of that year’s tax return as I do not see any available option in “Profile” to request not to include the capital gain in the total income. I shall appreciate if someone guides me on this matter. Thanks. 

1 Comment 1
ProFile Duncan
ProFile Team

Election section 45 (3)

Hi,

You are correct, there is not a way to report a sale on T2091 and defer the capital gain. This seems to mean the reporting of the "sale" need not be reported in the year of change of use. BUT, you would be best to confirm with CRA the actual steps/ procedure they required.

CRA has some information that may help here.

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