Rule

Can a section 45(2) election defer tax when my home becomes a rental?

Short answer

Potentially. A subsection 45(2) election can defer the deemed disposition that normally occurs when a principal residence becomes an income-producing property, but conditions and future consequences matter.

The homeowner’s practical concern

An owner moves out, rents the home and refinances it without recording fair market value or telling the accountant that the property’s use changed.

What the official rule says

CRA explains that a valid election can avoid reporting the change-of-use capital gain at that time. Rental income and eligible expenses must still be reported, and CCA generally cannot be claimed while the election applies.

What this does not guarantee

The election does not make rental income tax-free or guarantee full principal-residence exemption later. Another property’s designation and Canadian-residency years can affect the final result.

A practical Ontario example

Illustration only: A homeowner keeps the former residence as a rental for three years. An election may defer the deemed sale, but claiming CCA or designating a different home for the same years can alter the strategy.

What to check before changing the property or mortgage

Obtain a defensible market valuation on the conversion date and tax advice before filing. Tell the mortgage broker whether the new financing is for the former home, the replacement home or another investment.

  • How has the property actually been used each year?
  • Was CCA claimed, and was any section 45 election filed?
  • What was the property’s fair market value when its use changed?
  • Where will refinance proceeds go, and can every transfer be traced?
  • Which point needs written tax or legal advice before funds move?

Rajiv’s broker perspective

A mortgage approval answers whether a lender will finance the borrower and property under that lender’s policy. It does not confirm a tax deduction, principal-residence exemption, election or municipal-tax exemption. Before refinancing, changing occupancy or building a suite, I would separate the mortgage objective from the tax assumption, preserve the money trail and compare A-lender, alternative/B, MIC or private options only after the real use and exit plan are clear.

Related: Mortgage Knowledge Centre · Real Estate Centre · Updates & Rules Centre

Planning a refinance, rental conversion or family suite?

Send Rajiv the property use, ownership, mortgage balance, proposed funds and future plan. He can pressure-test the financing and identify tax questions that should be confirmed before the structure becomes difficult to unwind.

Request a homeowner mortgage strategy session   Ask for an accountant referral

Sources and context

Read the primary source

Source checked
2026-09-08
Next review
2026-12-08
Assumptions and limitations
Application depends on ownership, family unit, residency, property use by year, elections, CCA history, use and tracing of borrowed funds, municipal status, supporting records and current tax law.

Source checks are snapshots, not a guarantee that rules have remained unchanged. Individual circumstances and lender policies vary.

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