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Assignment Sales in Canada: How They Work, Taxes & Risks (2026)

Updated

An assignment sale is the sale of a pre-construction purchase contract before the home is finished. The original buyer (the assignor) hands their agreement of purchase and sale with the developer to a new buyer (the assignee), who then closes with the developer and takes title. This page covers how an assignment works, what each side pays, the income tax and GST/HST rules, and the legal steps. It is part of our guide to property types in Canada; the deposits, interim occupancy and Tarion coverage that come with the original purchase are covered in buying pre-construction in Canada.

How an assignment sale works

StepWhat happensWho’s involved
1. Original purchaseThe buyer (assignor) signs the agreement of purchase and sale (APS) with the developer and pays the depositsAssignor and developer
2. Decision to assignThe assignor decides to sell the contract before closingAssignor
3. Find an assigneeThe assignor, or their agent, finds a new buyerAssignor and real estate agent
4. Developer consentThe assignor asks the developer for consent, if the APS requires itAssignor and developer
5. Assignment agreementThe assignor and assignee sign an assignment agreementAssignor, assignee and their lawyers
6. Payment to the assignorThe assignee repays the assignor’s deposits and pays the assignment premiumAssignee to assignor
7. ClosingThe assignee closes with the developer, takes title and arranges the mortgageAssignee and developer

What the assignee pays

Suppose the original purchase price in the APS is $550,000, the assignor has paid $85,000 in deposits, and the assignee agrees to an assignment premium of $65,000.

ComponentAmount
Original purchase price$550,000
Assignor’s deposits, repaid by the assignee$85,000
Assignment premium (the assignor’s profit)$65,000
Total paid to the assignor$150,000
Balance owed to the developer at closing$465,000 (the price less the deposits the developer already holds), paid with the assignee’s mortgage and own funds
Effective price to the assignee$615,000

The assignee has to qualify for the mortgage at closing, which can be months or years after the assignment is signed. Ask the lender early how it values an assignment, since the deposits and premium repaid to the assignor are paid before closing and the mortgage only covers part of the balance owed to the developer.

Tax for the assignor (seller)

Income tax on the profit

The CRA generally treats a profit on assigning a pre-construction contract as business income, fully taxable at your marginal tax rate, rather than as a capital gain with its 50% inclusion rate. The residential property flipping rule also applies: Since January 1, 2023, the profit on a home in Canada you owned for less than 365 consecutive days is business income (fully taxed, with no principal residence exemption) unless the sale was due to a listed life event: death, a household change, a relationship breakdown, a threat to safety, serious illness or disability, job loss, a relocation for work or school, insolvency, or the home's destruction or expropriation. For a pre-construction purchase, the holding period restarts when you take ownership, and an assignment sold before then is caught too.

ClassificationTax treatmentWhen it applies
Business incomeFully taxable at your marginal rateThe usual treatment of an assignment profit, and required under the flipping rule unless a listed life event applies
Capital gain50% of the gain is taxableOnly where the flipping rule doesn’t apply and you can show you bought to live in or hold the property, not to resell

House flipping taxes in Canada and our guide to the residential property flipping rule cover the life-event exceptions in detail.

Income tax on the premium. With the $65,000 profit above, and a marginal rate of 30% (the rate depends on your province and other income), the income tax is $19,500, leaving $45,500 before GST/HST, fees and commissions.

GST/HST on the assignment

The CRA states that, effective May 7, 2022, “all assignment sales in respect of newly constructed or substantially renovated residential housing are taxable for GST/HST purposes” (CRA GI-120). In Ontario the rate is the 13% HST. How the tax is calculated on the assignment price, and whether the assignor or the assignee bears it, depends on the assignment agreement and CRA’s rules, so the agreement normally states whether the premium includes or excludes GST/HST. An accountant can work out the amount before the agreement is signed.

The assignee, not the assignor, takes title from the developer, so any GST/HST new housing rebate on the home goes to the assignee if they qualify.

Reporting

RequirementDetails
Your tax returnReport the profit as business income (or as a capital gain only if the flipping rule doesn’t apply and the facts support it)
GST/HSTYou may need to register for and remit GST/HST on the assignment; confirm with an accountant
RecordsKeep the APS, the assignment agreement and proof of the deposits paid in case the CRA asks for them (see what can trigger a CRA audit)

Tax for the assignee (buyer)

FactorDetails
Cost of the homeThe original price plus the assignment premium (in the example, $615,000)
GST/HST on the homeHandled through the builder at closing, as with any new-home purchase
Later saleYour gain is measured from your full cost, including the premium; a home you live in may qualify for the principal residence exemption
Land transfer taxPaid at closing; confirm with your lawyer how your province treats the premium in the taxable value

For the assignor

ConsiderationDetails
Developer consentMost APSs require the developer’s written consent; some forbid assignment or allow it only after a set date
Developer’s assignment feeMany developers charge a fee for consenting, set out in the APS
Marketing limitsSome developers don’t allow an assignment to be listed publicly, for example on MLS
Legal feesFor drafting or reviewing the assignment agreement
Agent commissionIf an agent finds the assignee; the rate is negotiated
Tax planningIncome tax and GST/HST, as above

For the assignee

ConsiderationDetails
Due diligenceReview the original APS, the development plans and the builder’s record
Legal reviewYour own lawyer reviews both the APS and the assignment agreement
Mortgage qualificationYou must qualify at closing, which could be years away, at the stress test rate in force then
Deposit protectionIn Ontario, confirm how Tarion’s deposit protection and warranty apply to you as assignee
Pre-delivery inspectionConfirm you take over the assignor’s PDI and warranty rights
Closing costsClosing costs are the same as for any new-home purchase, plus the premium

Risks

RiskWho bears itDetails
Developer delaysAssigneeClosing moves further out; mortgage rates may change in the meantime
Developer insolvencyBothDeposit protection has limits
Market declineAssigneeThe home may be worth less at closing than the effective price paid
Tax reassessmentAssignorThe CRA can reassess a profit reported as a capital gain
Mortgage qualificationAssigneeMust qualify on the future closing date
Contract restrictionsAssignorThe developer may refuse or delay consent

Buying an assignment: trade-offs

AdvantageDisadvantage
A new unit at a price that may be below what the developer now chargesThe premium can cancel out that difference
A shorter wait, since construction is under wayStill exposed to delays
May take over incentives in the original APSNo direct relationship with the developer until closing
Can see the building in progressMay not be able to tour the specific unit

Sources

The figures and rules on this page come from these sources, last checked against them between September 23, 2026 and September 29, 2026. How we check facts.