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## Seeking Guidance on Capital Gains Tax Situation
### Property Converted from Primary Residence to Rental

Hello everyone,

I am seeking advice on how to handle the capital gains tax situation for a property that I have converted from a primary residence to a rental property. Below are the details of the situation:

– **Province**: Alberta
– **Purchase Date**: April 2007
– **Purchase Price**: $278,000
– **Conversion to Rental**: August 2016
– **Fair Market Value at Conversion**: $230,000 (appraised by realtor based on comparables sold during the timeframe)
– **Primary Residence**: From 2007 to 2016
– **Current Plan**: Selling the property in 2024

I did not make a Capital Cost Allowance (CCA) claim, file a T2091 (IND) form when I converted the property to a rental, or report the change in use in my 2016 taxes (as I was not aware that renting it out was considered a sale).

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AI Legalese Decoder can assist in interpreting and decoding complex legal terms and documents related to capital gains tax laws and regulations, providing clear explanations and guidance on how to proceed in your specific situation.

### Questions Regarding Capital Gains Tax Situation

1. How should I calculate the capital gain or loss for the property, considering it was my primary residence for a significant period?
2. Do I need to adjust my 2016 taxes since I didn’t file the T2091 (IND) form or report the change in use?
3. What would be the implications of selling the property this year without having reported the change in use back in 2016?
4. If there’s a late-filing penalty for the T2091 (IND) form, how is it calculated, and can it be waived under certain conditions?

Any advice or guidance would be greatly appreciated, especially if someone has gone through a similar situation.

Thank you!

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3 Comments

  • HogwartsXpress36

    You don’t report the change in use until you sell it. You suffered a capital loss. Won’t pay any taxes.

  • footbolt

    Under the CRA’s administrative policy, form T2091 was not needed in 2016. And, since the value was less at conversion, it wasn’t needed since there was no gain to exempt. you had a non claimable loss on personal use property. There is a late filing penalty for the T2091 but that isn’t relevant to you.

    Your gain on the sale is now based on the FMV at conversion.

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