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ARTICLE · 17 OCTOBER 2016

Changes To Principal Residence Rules

On October 3, 2016, the Minister of Finance tabled a Notice of Ways and Means Motion to amend the principal residence exemption rules in the Income Tax Act (Canada).

CanadaTax

On October 3, 2016, the Minister of Finance tabled a Notice of Ways and Means Motion to amend the principal residence exemption rules in the Income Tax Act (Canada). These amendments not only, as advertised, restrict the ability of non-residents to claim the principal residence exemption, but also restrict the ability of certain trusts to do so, and eliminate the Canada Revenue Agency's policy of not requiring taxpayers to report dispositions of principal residences in certain circumstances.

The "One-Plus" Rule

The "one-plus" rule, which is designed to allow a taxpayer to claim the principal residence exemption on both the house he/she sells in a year and the house he/she buys in the same year, will be amended to preclude a taxpayer who is not a resident of Canada during the year in which he/she buys a house from using that rule to claim the house as a principal residence in that year.

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