Deemed Disposition

Tax

A deemed disposition is when tax law treats you as having sold a property at fair market value even though no actual sale occurred, triggering a capital gain or loss.

Certain events trigger a deemed disposition, the tax system pretends you sold a property at its fair market value, so any accrued gain is taxed even without a real transaction. The most common triggers are death (a deemed sale of most assets on the final return), emigration from Canada, and a change in use of a property.

Deemed dispositions can create a tax bill with no cash to pay it, which is why estate and departure planning matters. Some deemed dispositions can be deferred or offset, for example a spousal rollover on death defers the gain until the surviving spouse disposes of the asset.

Example

On death, a person is deemed to have sold their investment portfolio at fair market value. The accrued $200,000 gain is taxed on the final T1 return, even though the heirs have not actually sold anything.

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Deemed Disposition Frequently Asked Questions

Common questions regarding our compliance workflows and service guarantees.

Common triggers include death, emigrating from Canada, gifting property, and a change in a property's use from personal to income-producing or vice versa.
Yes, a rollover to a surviving spouse or spousal trust generally defers the gain until that spouse later disposes of the asset or dies.
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