Selling home in Canada

plshenderson · Post by **plshenderson** » Mon Mar 25, 2013 12:24 am

I've been a US PR since 2007 and after moving to the US I kept my house in Canada. I also continue to work in Canada and commute and as per CRA am considered a factual resident for tax purposes and file yearly with Canada as my tax home.
What will be my tax implications if I now want to sell my home in Canada? Will I have to pay capital gains in Canada and/or the US or neither?
The property was gifted to me in 2001 by my parents and if I do pay capital gains how would it be determined?

nelsona · Post by **nelsona** » Mon Mar 25, 2013 9:37 am

As long as you can claim it was your PRINCIPLE residence you should owe no tax.

nelsona · Post by **nelsona** » Mon Mar 25, 2013 9:40 am

That is for canada. The problem will be US. Have you lived in US, too?

The other question, is if you say you MOVED to US in 2007, then why were you still filing as a Cdn resident? The treaty allows for only ONE country of residence.

plshenderson · Post by **plshenderson** » Mon Mar 25, 2013 10:43 am

Yes, I live in the US too. I file taxes as Canada as my tax home. US return I claim foreign tax credit and I pay state income tax.

Would capital gains on my property in the US be based on the appreciation from the year I became a PR in the US? What is the rate of taxation of capital gain?

nelsona · Post by **nelsona** » Mon Mar 25, 2013 4:06 pm

It would be since residency starting date, by treaty. I'll let you figure that tax.