Real Estate

Capital Gains - Question

  • Last Updated:
  • Mar 13th, 2022 9:06 pm
[OP]
Newbie
Nov 10, 2003
45 posts
47 upvotes

Capital Gains - Question

I'm hoping some knowledgably people can provide some insight on this scenario, regarding 'capital gains' and potential tax implications.
Initial Situation:
Child A, Parent A, Parent B all own a house together (33% each).
The the following happens a few years ago:
1.) Child A moves out, marries, gets a new mortgage and new primary residence.
2.) Child A keeps ownership interest in house, and contributes to mortgage payments for Parents A&B.
This Year the following happens:
3.) Child A 'dissolves' any and all interest in the house with Parents A&B... Receives NO payment. Parent A, Parent B are now 50/50 owners.
4.) Child B buys out Parent A. House is now owned 50/50 by Child B and Parent B.

My Questions:
1.) In theory Child A should have received payment for house share, but instead "donated" it to parents. I assume the CRA wouldn't view it this way, and would view it as tax evasion? How does this person avoid a huge financial hit at tax time??
2.) Parent A sold share of Primary Residence and therefore doesn't need to worry about Capital gains, correct?

Thanks for any info you can provide.
2 replies
Deal Addict
Jun 26, 2019
2013 posts
1749 upvotes
GTA
oshier wrote: My Questions:
1.) In theory Child A should have received payment for house share, but instead "donated" it to parents. I assume the CRA wouldn't view it this way, and would view it as tax evasion? How does this person avoid a huge financial hit at tax time??
2.) Parent A sold share of Primary Residence and therefore doesn't need to worry about Capital gains, correct?
1) When they gifted the house to their other family members, it would be counted as being sold at fair market value. So whatever their gains are on the property at that time at FMV they would be responsible for paying cap gains on.

2) Yes, if that was their primary res, then they would be exempt.
Deal Addict
Nov 23, 2003
2176 posts
655 upvotes
oshier wrote: I'm hoping some knowledgably people can provide some insight on this scenario, regarding 'capital gains' and potential tax implications.
Initial Situation:
Child A, Parent A, Parent B all own a house together (33% each).
The the following happens a few years ago:
1.) Child A moves out, marries, gets a new mortgage and new primary residence.
2.) Child A keeps ownership interest in house, and contributes to mortgage payments for Parents A&B.
This Year the following happens:
3.) Child A 'dissolves' any and all interest in the house with Parents A&B... Receives NO payment. Parent A, Parent B are now 50/50 owners.
4.) Child B buys out Parent A. House is now owned 50/50 by Child B and Parent B.

My Questions:
1.) In theory Child A should have received payment for house share, but instead "donated" it to parents. I assume the CRA wouldn't view it this way, and would view it as tax evasion? How does this person avoid a huge financial hit at tax time??
2.) Parent A sold share of Primary Residence and therefore doesn't need to worry about Capital gains, correct?

Thanks for any info you can provide.

1. "Donation" of 33% at FMV will attract capital gains tax.
2. Yes.

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