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The Global Insight

When an individual emigrates from Canada in the year which property will not be subject to a deemed disposition?

Author

Sarah Garza

Updated on March 05, 2026

This return is due by April 30 of the year following the year of the sale. They may get a refund or have a payment due if their final Canadian tax liability is more than the amount withheld. A principal residence isn’t subject to the deemed disposition rules at departure, nor is any other real estate property.

How do I avoid HST on vacant land?

If you have never subdivided the parcel of land in the past and you subdivide the parcel into only two parts the sale of either of those parts is exempt from HST. If you subdivide it into more than two parts the sale is taxable. However, if you sell any part to a relative, that particular part is not taxable.

Do I have to pay GST on land purchase?

GST is NOT payable on the sale and purchase of “residential premises”, unless the property being sold is new property. (NOTE: Vacant land cannot be “residential premises”. If you are selling vacant land you must assume that GST will be payable unless your tax accountant assures you otherwise.)

Can I get my CPP contributions back if I leave Canada?

If you lived in Canada for less than 20 years then you will receive your pension cheque for 6 months after you have left and then it will terminate. It is possible to have your CPP or OAS pension “direct deposited” into your bank account in your new country of residence in the local currency.

Can I withdraw CPP if I leave Canada?

Your CPP benefits continue even if you decide to relocate permanently from Canada and are not subject to the residency requirements of the OAS. Similar to the OAS pension, your CPP/QPP is subjected to a flat 25% withholding tax rate except if you are residing in a country that has a tax treaty with Canada.

Do you have to pay HST on land?

HST is exigible on the portion of vacant land, even if it includes residential property, only where the vacant land was not used personally by the owner of the property. If the vacant land portion can be demonstrated to have been used by the seller personally, then no HST will be exigible on its portion.

Is sale of vacant land subject to GST?

Vendors and their agents need to be mindful of the need to pay goods and services tax when selling vacant land. GST is not payable in respect of the sale of “residential premises”, however, it is payable in respect of the sale of many other kinds of land.

Where do I pay provincial land tax in Ontario?

Provincial Land Tax is the property tax you pay if your property is not part of a municipality. If your property is not located within a municipality, contact the Provincial Land Tax Office in Thunder Bay for questions about your Provincial Land Tax account (s), payment (s), tax certificate (s) or bill (s):

Is the supply of land in Canada taxable?

For GST/HST purposes, all supplies of land situated in Canada are taxable, unless explicitly exempted. For a detailed list of issues related to supplies of land that are discussed in this Memorandum, see the Table of Contents.

Is there a land transfer tax in Quebec?

Quebec charges a Land Transfer Tax called the Welcome Tax that is different for Montreal but the same for the rest of Quebec. It increases to up to 1.5% for property valued over $258,600 and for Montreal increases up to 3.0% for property valued over $2,000,000.

Are there any land transfer tax rebates in Ontario?

Ontario offers a land transfer tax refund of up to $4,000 for first-time home buyers. Since your provincial tax exceeds the rebate limit, your provincial rebate is capped at $4,000. New Brunswick charges a land transfer tax equal to 1% of your purchase price. Nova Scotia does not charge a provincial land transfer tax outside of Halifax.