2024 T1 Tax Deadline Day - April 30, 2025

As we enter April there is something other than April Fools Day and the Easter long weekend that we need to look forward to. Tax deadline day!!! April 30 needs to be marked in the calendar of every individual taxpayer, whether you were a full-time employee, part-time employee, received government benefits or just sat on the couch all year doing nothing. A tax return is absolutely essential. A late filing penalty of 5% plus 1% for every full month you are late in submitting the return (up to a maximum of 12 months) will be applicable, and if this is not the first time you have missed the deadline, the penalties are double. Furthermore, arrears interest of varying interest rates - provided quarterly will also be charged for any unpaid amounts starting May 1 (this rate can change every 3 months; see prescribed interest rates). If you have business income, the tax deadline is extended to June 30.

Qualification for Principal Residence Status – You Could Be Surprised!

Your principal residence exemption is an income tax benefit that generally provides you an exemption from tax on the capital gain realized when you sell the property that is your principal residence. Generally, the exemption applies for each year the property is designated as your principal residence. It came into effect after 1971, just when the capital gains tax was introduced and is a year-by-year calculation.  One must be a Canadian resident who owns and has lived in the property in that year. Currently, you may have one or more properties that might qualify (see details below), so you must designate one property in the year of disposition on your tax return. If you have more than one property and have lived in both, you have a choice of which property you want to designate as a principal residence, however you are only allowed to designate one property during that period. The land area to be included as part of the principal residence cannot exceed 0.5 hectare (50m X 100m) unless the excess land was necessary for the use and enjoyment of the housing unit. The property must be a housing unit, a leasehold interest or capital stock of co-operative housing. The housing unit must be inhabited in the year by you, your spouse or common-law partner, former spouse or common-law partner or your child.

There are several factors that might allow for your claim to be over 0.5 hectare of land. We recommend you get some advice from a professional before you file your return in the year of disposition of your principal residence.

Taxes at the Date of Death

While Canada does not have an “estate tax” there are a few potential taxes that may be incurred at the date of death.

In the year of death, a final T1 return must be prepared and filed by the executor/administrator of the estate that should include all the income that was earned by the deceased up to and including the date of death. Another thing that is included as income is the net capital gain on the deemed disposition of all assets held at the time of death by the deceased (Unless 1. the deceased has a surviving spouse in which case the assets are rolled over at cost, or 2. the principal residence designation applies). In any event the principal residence of the deceased is not taxable at the date of death.

The rule per the Income Tax Act is that all capital property held by the deceased will be treated as disposed of immediately prior to death, thus all capital gains and losses that are not exempt at that time will be realized and included in the final T1 return. For example, if the deceased owned 100 shares of a listed company in a non-registered account that have a cost base of $1,000.00 and a value at the date of death of $3,000.00 then $2,000.00 of capital gain is realized and 50% of that i.e., $1,000.00 will be included in income in the final T1 return (In Canada only 50% of the capital gain is included in income). (see update on capital gains)

For registered accounts, like an RRSP or a RRIF the total value of the account at the date of death will be deemed to be deregistered i.e., it will be deemed to have been cashed out and should be included as income in the final T1 return unless the RRSP or RRIF is left to a surviving spouse, common law partner or a surviving child/grandchild (In some cases).

Navigating estate taxes can be tricky for executors, if you have any questions or require assistance with a deceased taxpayer’s returns, please do not hesitate to give Peter Martin of our estate and trust department a call at (604) 669 9631 at the office or on his cell at (604) 290-6777.