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The housing crisis is not just a supply issue. Here are two solutions to fix demand
(www.theglobeandmail.com)
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There are still loopholes in these rules that can impact it, both of the legal and illegal variety.
For example having a suite in a house usually doesn't cause capital gains to apply, but it's partially an investment property at that point. This can be argued all the way up to almost a duplex level of "suite" in some cases.
One of the things people fail to realize is that the supply/demand curve isn't just for the actual housing. There's also demand from a strictly financial perspective. If I have an opportunity to make money off simply living in my home, and I can borrow money to make that money, why would I not try to maximize that profit by buying more than I need.
This causes people to pay more for housing than they otherwise would, because they expect to make a return on it regardless. I'm guilty of this myself, my family of 5 owns a house far larger than we need, and we've seen appreciation of about 400k in the 3 years we've lived here. If we had bought a smaller home, that would have been a smaller increase.
Unfortunately I don't expect the government to fix this problem anytime soon and if that happens at least there's even enough space for my kids to live here (even with partners potentially) well into their adulthood.
That appreciation you have seen on your principle residence isn't really accessible though. You have to live somewhere. If you were hit with capital gains tax on your primary residence, it would impart a whole lot of financial friction on ever being able to move.
Let's say you need to re-locate, or upsize/downsize; the house you are moving too also has appreciated, but you have to buy that house at the new, appreciated price, and ALSO pay the capital gains on the 400k. That financial friction on being able to move is bad for everyone. It keeps people in inappropriate houses, or commuting long distances, and doesn't do anything to improve housing affordability.
It does effectively become a transfer of wealth (from lack of taxes) from young to old, as they downsize, and reap the financial windfall. However, that could be clawed back with estate taxes. If you penalize downsizing, you create an even bigger incentive to stay in oversized housing, as you mention. If anything, not being allergic to property tax increases is probably the only thing that would encourage people to rightsize.
I'm just going to point out that that friction doesn't occur until you've made 1 million dollars in profit. You won't make that off moving condos every few years.
It doesn't really penalize downsizing that much either, since you're now realizing that massive windfall. In a downsizing situation the new house would be far cheaper anyways. The tax amount is not that much. To need to pay capital gains on 400k, you'd need to have appreciated by 1.4 million... and then the tax on 400k is taxed at half your income tax rate (that's how capital gains works) so it's really only going to be around 80k in tax, on something like a 2-2.5 million dollar sale.
To be clear, captial gains ALWAYS applies, you can just apply for exemption for personal use.
If you have you have a rental, suite that portion of the residence is not available for personal exemption.
Sure, you can argue it, but it's fraud unless it is a "relatively small in relation to its use as your principal residence." (Plus the other two criteria). If it doesn't share a bathroom and kitchen, it's definitely not "relatively small".
Oui, puis non. There's certainly differences on decisions that people make, but the total amount of required rental + owned housing stock remains the same. There's some flexibility in rental stock, but that's a function of number of roommates people are willing to accept.
I've just assumed my children will never leave, and hope that the situation improves enough that they can. Helps me sleep at night.
Your link to the rental suite capital gains part includes the exceptions that most people qualify for, including the relatively small part. "relatively small" usually just means less than half, and includes full suites just fine.
https://househuntvictoria.ca/2020/10/15/does-a-suite-risk-capital-gains-tax-a-professional-perspective/
So the CRA is chosing not to enforce. That whole article was "what is my risk level of getting caught and assessed"
Cops not enforcing speed limits does not make speeding legal.