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Principal Residence Exemption When You Partly Rented Your Home

Updated

Short Answer

Renting part of your home does not automatically cost you the principal residence exemption. CRA’s administrative exception covers most basement suite scenarios. However, renting the entire home, making structural changes, or claiming CCA on the building can trigger a change-in-use that must be carefully managed.

CRA’s Administrative Position: The Safe Harbour for Partial Rentals

CRA’s Income Tax Folio S1-F3-C2 establishes an exception that protects most landlords who live in their homes while renting a portion:

Condition Must be met
Rental use is ancillary to the main use as a personal residence The home is primarily your personal home
No structural modifications were made to adapt the property for rental No exterior entrance added, no kitchen added in the rental unit
No CCA claimed on the portion of the building used for rental The building’s UCC was not reduced by CCA claims

If all three conditions are met, CRA allows the full PRE on the property — you do not need to prorate based on rental vs personal square footage.

Most basement suite scenarios qualify. A finished basement rented to a boarder, without internal/external modification that makes it a separate unit, and without CCA claimed on the building, typically qualifies for this exception.

When the Exception Doesn’t Apply

Scenario Exception available?
Basement suite with its own entrance added after purchase No — structural modification
Renting the entire home while you live elsewhere No — entire property changed use
Claiming CCA on the building No — disqualified even if only partial
Two-unit home where rental unit is a distinct legal unit Likely no — may be two properties
Renting for more than 50% of the home by square footage Likely no — rental exceeds ancillary threshold

The Change-in-Use Rules

When use changes from personal to income-producing (or vice versa), a deemed disposition occurs:

Change type Tax event
Convert entire home to a rental property Deemed sold at FMV on conversion date — capital gain on appreciation to that point
Convert rental property to personal residence Deemed sold at FMV on conversion date — capital gain from rental period
Convert part of home to rental (structural change) Partial deemed disposition on the converted portion

Section 45(2) Election: Deferring the Conversion Gain

When you convert your principal residence to a rental:

Benefit Using Section 45(2)
Defer the deemed disposition No immediate capital gain at conversion
Keep PRE designation for up to 4 more years Property can still be designated PRE for up to 4 additional years after move-out
No CCA allowed If claiming CCA, the election cannot be used
Must resume personal use within 4 years (or sell) If you don’t, the election doesn’t help retroactively

How to file: Attach a letter to your tax return for the year the change of use occurs, stating that you are making the Section 45(2) election for the property.

Section 45(3) Election: Converting Rental Back to Principal Residence

When you move back into a property that was a rental:

Benefit Using Section 45(3)
Defer the deemed disposition at move-in No immediate capital gain at time of re-occupation
Can retroactively designate as PRE for up to 4 years before you moved in Allows PRE to shelter the rental years if fewer than 4
CCA previously claimed may create recapture CCA claimed during rental period must still be reconciled on sale

The PRE Formula with Partial Rentals

If the ancillary exception does not apply, the standard PRE formula governs:

$$\text{Exempt gain} = \frac{1 + \text{Years designated as PRE}}{\text{Total years owned}} \times \text{Capital gain}$$

Example: You owned for 15 years. You rented the full property for 3 years (years 1–3) using Section 45(2) election. You lived there for 12 years (years 4–15). Capital gain: $400,000.

  • Years you can designate as PRE: years 1–3 (via election) + years 4–15 = 15 years
  • PRE fraction: (1 + 15) ÷ 15 = 1.067 → capped at 100%
  • Entire gain is exempt

Without the election:

  • Years designated: years 4–15 = 12 years
  • PRE fraction: (1 + 12) ÷ 15 = 86.7%
  • Exempt: $400,000 × 86.7% = $346,666
  • Taxable: $400,000 − $346,666 = $53,334

Disposition Filing Requirements

When you sell a home that you rented even partially, you must file a Principal Residence Designation:

Form When to use
Schedule 3 + T2091(IND) Always file when designating a principal residence — required since 2016 even for fully exempt sales
T664 Election for change-in-use under s.45(2) on prior year returns (if amending)

CRA has been matching property sale data with T1 filings since 2016. Failure to file the T2091 can result in a $100/month late filing penalty capped at $8,000.

Bottom Line

Renting part of your home while living there usually does not affect the principal residence exemption, provided you haven’t structurally adapted it for rental and haven’t claimed CCA. The change-in-use rules matter most when you vacate the entire property — Section 45(2) is a powerful tool to preserve PRE eligibility for up to four additional years, but requires proactive filing and ties your hands on CCA.