Jan 19, 2022
As we advised in Tax Tip 20-04 , significant additional disclosure and filing requirements for trusts were announced in the 2018 Federal Budget and are scheduled to apply for trust’s 2021 and subsequent tax years.
“Capital cost allowance on rental properties can be restricted to net rental income earned.”
The Regulations in the Income Tax Act restrict the amount of capital cost allowance (CCA) that would otherwise be deductible in respect of a rental property.
The Regulation applies where a taxpayer owns property of a prescribed CCA class and that class includes rental property owned by the taxpayer.
The taxpayer’s total allowable claim may not exceed the amount by which the taxpayer’s net income (before CCA) from renting or leasing rental property owned by the taxpayer(including its share of rental income from a partnership) exceeds its net losses from renting or leasing rental property owned by the taxpayer (including its share of rental losses from a partnership).
Recaptured CCA on the sale of a rental property is included in the above deduction limit for CCA. Similarly, a terminal loss is deducted from the income limit before CCA on the other properties can be claimed.
The taxpayer must combine all its rental income and losses to determine its allowable claim. The restriction is not on a property-by-property basis.
If there is more than one CCA class for rental properties, that taxpayer may choose which CCA pools report CCA (up to the each pool’s individual annual deduction limit), as long as the total CCA on rental properties do not exceed the total limit based onnet rental income.
The purpose of this legislation is to restrict the amount of rental losses that can be applied against other income sources. This is why the restriction does not apply to a corporation “whose principal business was the leasing, rental, development or sale (or any combination thereof) of real property owned by it.” For these corporations, rental losses are effectively trapped in a corporation until future income is earned.
In determining the particular CCA pool(s) where CCA is to be claimed, one must consider possible future sales of a particular property, so that future CCA recapture can be minimized.
TAX TIP OF THE WEEK is provided as a free service to clients and friends of the Tax Specialist Group member firms. The Tax Specialist Group is a national affiliation of firms who specialize in providing tax consulting services to other professionals, businesses and high net worth individuals on Canadian and international tax matters and tax disputes.
The material provided in Tax Tip of the Week is believed to be accurate and reliable as of the date it is written. Tax laws are complex and are subject to frequent change. Professional advice should always be sought before implementing any tax planning arrangements. Neither the Tax Specialist Group nor any member firm can accept any liability for the tax consequences that may result from acting based on the contents hereof.
TAX TIP is provided as a free service to clients and friends of Cadesky Tax.
The material provided in Tax Tip is believed to be accurate and reliable as of the date of posting. Tax laws are complex and are subject to frequent change. Professional advice should always be sought before implementing any tax planning arrangements. Cadesky Tax cannot accept any liability for the tax consequences that may result from acting based on the contents hereof.