Article content
Housing and its tax implications was a recurring theme among recent reader inquiries. Here’s what readers wanted to know:
Q: My wife and I own two properties. The city house (principal residence) is in my name and the cottage is in hers. Both were purchased while we were married. When we sell the cottage can we split the capital gain 50/50 for tax purposes?
We apologize, but this video has failed to load.
Try refreshing your browser, or
Delean: Splitting capital gains can be challenged when there's only one property owner Back to video
A: You can, but it may take some explaining and justifying to the tax department, which may or may not accept it. As sole owner of the cottage, your wife would normally be the one to report the capital gain when it’s sold or if the ownership transferred to someone else. But Nick Moraitis, tax partner at accounting firm FL Fuller Landau LLP, notes that if you can show that both were and intended to be the true beneficial owners — for example, sharing payment of the bills and mortgage, making the offer to purchase jointly, opting for one name on the title because the lender requested it — the capital gain could be split. “The tax department can always challenge a split of the gain 50-50 if the records show only one legal owner,” he added, “so the reader should have proof to show both were beneficial owners.”