LILLEY: Trudeau's capital gains tax mess not going to plan (2024)

His plan to launch class warfare over the capital gains tax hasn't worked out.

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Brian Lilley

Published May 19, 2024Last updated 4hours ago3 minute read

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LILLEY: Trudeau's capital gains tax mess not going to plan (1)

Justin Trudeau must have thought he had an easy win coming by raising the capital gains tax inclusion rate in his budget. The plan was to shift the conversation from the much-hated carbon tax to the capital gains levy, and paint all those opposed as on the side of the rich.

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LILLEY: Trudeau's capital gains tax mess not going to plan (2)

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It hasn’t quite worked out that way.

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First off, Trudeau is still trying to explain his capital gains tax changes and as they say in politics, if you are explaining then you are losing. Secondly, the explaining has gone so badly, the pushback has been so strong that the tax changes aren’t in the government’s budget implementation bill.

See, the presentation of the budget in Parliament is mostly theatre. The government gets to stand up and proclaim all the things they want to do, but to enact those promises, they need to put forward a piece of legislation that spells out all the legal details.

On April 16, the Trudeau government promised to increase the capital gains inclusion rate from 50% to 66% of profits — over $250,000 for individuals and the total earned by businesses — as of June 25. Bill C-69, the budget implementation act, was tabled on May 2, and it doesn’t mention these capital gains tax changes at all.

LILLEY: Trudeau's capital gains tax mess not going to plan (3)

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It is beyond strange that any government wouldn’t include a major budget promise in the legislation to enact their budget promises, especially one set to take place just over a month from now.

“We have announced very, very clearly that we believe that this country needs a little more fairness for every generation,” Trudeau said at a campaign-style stop last week.

He had been asked about the tax changes not being in the legislation and whether the government was changing their plans and when legislation might be tabled. It’s a pretty basic question on an issue the government is investing a lot of political capital in, but Trudeau wasn’t going to answer the actual question.

“So yes, we are asking those who have done really well over the past few years to pay a little bit more, to make a little bit less in terms of the profits they’re making off of their capital, off of the properties, off of the assets they own, because it’s about fairness,” Trudeau said.

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From the start, Trudeau and his team have tried to make it seem that these tax changes were only hitting the wealthiest of the wealthy. They were hoping the anger and envy generated by class warfare would have most Canadians saying, “Ya, take more from those guys.”

Maybe we will get to that point, but so far, it hasn’t worked out.

One of the reasons the capital gains changes aren’t in the legislation is the massive pushback from those who will be hurt, which include an awful lot of middle-class professionals and entrepreneurs. The biggest group leading the charge against these changes, though, is one that the Trudeau government is trying not to go to war with – doctors.

Doctors in Canada aren’t government employees; for the most part, they run their own practice set up through a corporation. They bill the health system through their incorporated business, they pay their staff or expenses through that corporation, and they save for their retirement inside the corporation.

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These changes the Trudeau government is proposing will take a big chunk of money out of the retirement of doctors, small business owners, trades people — anyone who doesn’t have a company or government pension.

That doesn’t sound like fairness.

The Trudeau government is keeping up their rhetoric on fairness for every generation while looking for changes that won’t see them go to war with doctors, and won’t see doctors leave Canada for more lucrative jurisdictions. They also want to ensure they don’t lose too much of that $20 billion in new revenue they were hoping for and have already spent.

It’s all a bit of a disaster, but that describes most Trudeau government plans these days.

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    LILLEY: Trudeau's capital gains tax mess not going to plan (2024)

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    In Budget 2024, the federal government announced changes to capital gains taxation to make Canada's tax system fairer. In Budget 2024, the federal government announced changes to capital gains taxation to make Canada's tax system fairer.

    How to avoid paying capital gains tax on inherited property? ›

    Here are five ways to avoid paying capital gains tax on inherited property.
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    5. Deduct selling expenses from capital gains.

    Is there a way to avoid paying capital gains tax? ›

    Retirement accounts such as 401(k) plans, and individual retirement accounts offer tax-deferred investment. You don't pay income or capital gains taxes at all on the assets in the account. You'll just pay income taxes when you withdraw money from the account.

    What is the 250k capital gains exclusion? ›

    This means that if you sell your home for a gain of less than $250,000 (or $500,000 if married, filing jointly), you will not be obligated to pay capital gains tax on that amount.

    Is there a new capital gains tax in 2024? ›

    New tax threshold on capital gains.

    For the 2024 tax year, individual tax filers will not have to pay any capital gains tax if their total taxable income is $47,025 or less. That's an increase from the income threshold of $44,625 in 2023. The capital gains tax rate jumps to 15% if your income is $47,026 to $518,900.

    What is the capital gains exemption in Canada 2024? ›

    Special Rules for Fiscal Periods Straddling June 25, 2024

    $250,000 Capital Gains Threshold: Each individual partner's $250,000 capital gains threshold would apply for the purposes of determining the effective inclusion rate of their capital gains allocated from the partnership.

    Do you have to pay capital gains after age 70? ›

    Whether you're 65 or 95, seniors must pay capital gains tax where it's due. This can be on the sale of real estate or other investments that have increased in value over their original purchase price, which is known as the “tax basis.”

    How to avoid capital gains tax on inherited property in Canada? ›

    For properties inherited by heirs other than a spouse, the estate can claim the PRE for the years the deceased owned and used the property as their principal residence, potentially reducing or eliminating capital gains tax up to death.

    What is the lifetime capital gains exemption? ›

    When you make a profit from selling a small business, a farm property or a fishing property, the lifetime capital gains exemption (LCGE) could spare you from paying taxes on all or part of the profit you've earned.

    What is the 6 year rule for capital gains tax? ›

    Usually, a property stops being your main residence when you stop living in it. However, for CGT purposes you can continue treating a property as your main residence: for up to 6 years if you used it to produce income, such as rent (sometimes called the '6-year rule')

    How to pay 0 capital gains tax? ›

    Capital gains tax rates

    A capital gains rate of 0% applies if your taxable income is less than or equal to: $44,625 for single and married filing separately; $89,250 for married filing jointly and qualifying surviving spouse; and.

    Is there a capital gains loophole for real estate? ›

    When does capital gains tax not apply? If you have lived in a home as your primary residence for two out of the five years preceding the home's sale, the IRS lets you exempt $250,000 in profit, or $500,000 if married and filing jointly, from capital gains taxes.

    Do I have to buy another house to avoid capital gains? ›

    You can avoid capital gains tax when you sell your primary residence by buying another house and using the 121 home sale exclusion. In addition, the 1031 like-kind exchange allows investors to defer taxes when they reinvest the proceeds from the sale of an investment property into another investment property.

    Can I reinvest capital gains to avoid taxes? ›

    Reinvest in new property

    The like-kind (aka "1031") exchange is a popular way to bypass capital gains taxes on investment property sales. With this transaction, you sell an investment property and buy another one of similar value. By doing so, you can defer owing capital gains taxes on the first property.

    What are the two rules of exclusion on capital gains for homeowners? ›

    The seller must not have sold a home in the last two years and claimed the capital gains tax exclusion. If the capital gains do not exceed the exclusion threshold ($250,000 for single people and $500,000 for married people filing jointly), the seller does not owe taxes on the sale of their house.9.

    Is there still a lifetime capital gains exemption in Canada? ›

    A significant bump in the Lifetime Capital Gains Exemption (LCGE) to $1.25 million: The $1 million LCGE for sales of small business shares or assets for fishers and farmers will rise to $1.25 million as of June 25, 2024. It will be indexed to inflation starting in 2026.

    How to avoid capital gains tax on property in Canada? ›

    The following are some of the most popular:
    1. Exemption for Principal Residences. ...
    2. Make a Gift or Inherited Property Your Principal Residence. ...
    3. Incorporate Your Rental Property Business. ...
    4. Put Your Earnings in a Tax Shelter. ...
    5. Make Use of the Capital Gains Reserve. ...
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    What is the capital gains rule in Canada? ›

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