The Residential Property Flipping Rule is a federal tax rule, in effect since January 1, 2023, that deems any gain from selling a residential property owned for less than 365 consecutive days to be fully taxable business income, removing access to capital gains treatment and the principal residence exemption unless a specific life-event exception applies.
Before this rule, a seller could argue for capital gains treatment (with its 50% inclusion rate) or claim the principal residence exemption depending on their intent when they bought the property. The flipping rule removes that debate for any property, including an assigned right to purchase a housing unit, disposed of within 365 consecutive days of purchase: the resulting gain is deemed fully taxable business income, effectively up to double the tax exposure of capital gains treatment.
This matters whenever a client is buying to renovate and resell quickly, assigning a pre-construction contract, or exiting a property within a year of purchase. The rule carries exceptions for specific qualifying life events — death, separation or divorce, a new child, job loss, disability or illness, insolvency, and certain relocations — that can preserve capital gains or principal-residence treatment even under 365 days, so clients in that situation should be directed to a tax professional rather than assume the worst case automatically applies.
365-day bright-line test: any residential property, including a right to acquire one under an assignment sale, disposed of within 365 consecutive days of purchase is presumptively caught by the rule.
Fully taxable as business income: a caught gain is 100% taxable as business income, not eligible for the 50% capital gains inclusion rate or the principal residence exemption.
Limited life-event exceptions: the rule doesn't apply if the sale is linked to a listed life event such as death, separation or divorce, a new child, job loss, disability or illness, insolvency, or a qualifying work relocation.
In force since January 1, 2023: introduced in Budget 2022 and enacted through Bill C-32, which received Royal Assent on December 15, 2022, applying to dispositions on or after January 1, 2023.
A client buys a home for $600,000 and sells it 8 months later for $700,000, with no qualifying life-event exception:
Definitions reflect Canadian federal and provincial rules as of the “Updated” date above. Not advice for any specific file.
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