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Federal Budget 2022: Exemptions on Anti-Flipping Tax for Divorcing Couples

By | - April 14, 2021

Steve Benmor is a recognized divorce lawyer, family mediator, arbitrator, speaker, writer and educator. Mr. Benmor has worked as lead counsel in many divorce trials, held many leadership positions in the legal community and has been regularly interviewed on television, radio and in newspapers as an expert in Family Law.

Canada’s 2022 federal budget has introduced some interesting ideas for separating and divorcing couples. Specifically, the budget introduced a new tax rule to prevent profits from flipping residential real estate owned for less than 12 months….HOWEVER, the new rule does NOT apply if the sale of property is due to a “breakdown of a marriage or common-law partnership, where the taxpayer has been living separate and apart from their spouse or common-law partner because of a breakdown in the relationship for a period of at least 90 days.

“Budget 2022 proposes to introduce new rules to ensure profits from flipping properties are taxed fully and fairly. Specifically, any person who sells a property they have held for less than 12 months would be considered to be flipping properties and would be subject to full taxation on their profits as business income. Exemptions would apply for Canadians who sell their home due to certain life circumstances, such as a death, disability, the birth of a child, a new job, or a divorce. Exemptions will be set in forthcoming rules and Canadians will be consulted on the draft legislative proposals.”

The new tax would apply to residential properties sold on or after January 1, 2023.

So married spouses will pay tax on flipping real estate but divorcing couples will not. Interesting!

For more information about the 2022 Federal Budget – https://budget.gc.ca/2022/report-rapport/chap1-en.html#2022-3

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