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Renting to Family: Tax Implications in Canada

Updated

Short Answer

Renting to a family member is allowed, but CRA applies a key restriction: if you charge below fair market rent, your rental expenses can only offset the rent collected — you cannot generate a rental loss. Renting for free eliminates the rental deduction entirely.

The Below-Market Rent Rule

CRA’s position is clear: rental losses from non-arm’s-length (related party) arrangements are not deductible.

Rent charged Deductions allowed
Fair market rent Full expenses deductible — rental losses allowed
Below fair market rent Expenses deductible only up to rent received — no loss
Rent of $1/month or free No rental deductions at all

Example:

Item Fair market rent Below market rent
Rent charged $2,000/month = $24,000/year $800/month = $9,600/year
Operating expenses $20,000 $20,000
CCA $5,000 $5,000
Net income (loss) $4,000 loss (deductible) $0 net — can’t go below $0
Tax deduction from rental Loss reduces other income Nothing

Who Is Considered Family for CRA Purposes?

CRA’s non-arm’s-length rules apply to:

Relationship Non-arm’s-length?
Spouse or common-law partner Yes
Child or parent Yes
Sibling Yes
Grandparent / grandchild Yes
In-law relatives Depends on facts — often yes
Close friend No (unless financial dependence established)

The key question is whether the parties would have agreed to the same terms if they were dealing at arm’s length (like strangers in the marketplace).

Attribution Rules on Jointly Owned Property

If you transferred property (or funds to buy property) to a spouse or common-law partner:

Scenario Attribution applies?
Gifted interest in property to spouse Income attributed back to you
Sold to spouse at FMV with no loan No attribution on income earned
Loaned money to spouse for rental property at CRA prescribed rate No attribution (if rate is paid)
Transferred property to adult child at FMV No income attribution (capital gains attribution may apply)
Moved property to minor child Income attributed back to you

To avoid attribution on a spousal transfer: Charge the CRA prescribed interest rate on any loan, paid and reported annually.

GST/HST: Residential Rentals Are Exempt

Rental type GST/HST required?
Long-term residential rental (30+ days) Exempt — no GST/HST charged
Renting to a family member long-term Exempt — same as any long-term residential rental
Short-term rental under 30 days (Airbnb) Taxable — register once $30,000 threshold is exceeded

Impact on the Principal Residence Exemption

If you own a home and rent out part of it to a family member:

Scenario PRE impact
Family member lives in your basement, you live in the rest PRE applies fully if no structural changes and you claim the space back
You move out and let a child live in the whole house PRE may continue under certain administrative positions if no rental income
Charging rent — even below market Partial rental use begins — PRE may be prorated
Making improvements specifically for the rental use May trigger a change-in-use on that portion

Document Everything

Even when the landlord-tenant relationship is with a family member, maintain records as if it were an arm’s-length arrangement:

Documentation Why
Written lease agreement at or near market rent Protects PRE position and demonstrates rental activity
Rent receipts or e-transfer records Evidence of rent received
Local comparable rent listings Establishes what fair market rent was at the time
Receipts for all expenses claimed Required for any deduction if CRA audits

Bottom Line

Renting to a family member is not inherently problematic, but applying below-market rent eliminates the ability to generate deductible rental losses. If the goal is to help a family member while maintaining tax deductions, charge fair market rent (documented with comparables) and treat the arrangement formally with a written lease and regular rent payments.