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A non-arm’s length disposition of capital property such as a rental property, for example a transfer to a child, is deemed to take place at fair market value for Canadian Income Tax purposes. If you transfer property that has appreciated in value you will have to report a capital gain of fair market value less cost.


"This article provides information of a general nature only. It is only current at the posting date. It is not updated and it may no longer be current. It does not provide legal advice nor can it or should it be relied upon. All tax situations are specific to their facts and will differ from the situations in the articles. If you have specific legal questions you should consult a lawyer."

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Tax on Non Arms Length Disposition
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A Canadian Tax Lawyer’s Guide to Deemed Dispositions
Principal Residence Exemption from Taxation of Cottages
Principal Residence Exemption from Taxation of Cottages
Tax Guidance for Assignors in Real Estate Assignment Transactions
Lifetime Capital Gains Exemption & Qualified Small Business Corporation Shares
Principle Residence Exemption and House Flipping
Nature of Trade
A Guide to Adventure or Concern in Nature of Trade
Taxation for Capital Gains & Capital-Gains Reserve for Future Proceeds
Capital-Gains Implications of Gifts & Other Non-Arm’s-Length Transactions Deviating from Market Value: Subsection 69(1) of Canada’s Income Tax Act – A Canadian Tax Lawyer’s Analysis