7 January 2011 Internal T.I. 2010-0391502I7 - Principal Residence Exemption - Diplomats

Please note that the following document, although believed to be correct at the time of issue, may not represent the current position of the CRA.
Prenez note que ce document, bien qu'exact au moment émis, peut ne pas représenter la position actuelle de l'ARC.

Principal Issues: Are officers or servants of the government of a country other than Canada who are assigned to Canada subject to a capital gains tax on the sale of a personal residence purchased during their assignment to Canada? If the personal residence was jointly owned by a taxpayer who qualifies for the exemption and another person, would the other person be entitled to the exemption?

Position: Our administrative position is that no capital gains tax will be imposed on the sale of a principal residence that was purchased and lived in by anyone who would qualify for the exemption under paragraph 149(1)(a) of the Act if it were read without subparagraph (ii) thereof, provided the country of residence grants a similar exemption from taxation in respect of gains on principal residences, which exemption is applicable to an officer or servant of Canada of the same class. Where a gain is realized on a home that was jointly owned by a taxpayer who qualifies for the exemption discussed above and another person, then only such portion of the gain that is attributable to a taxpayer who qualifies for the exemption will be exempted.

Reasons: Administrative position.

January 7, 2011

      Taxpayer Services Directorate       HEADQUARTERS
      Individual Programs Section         Income Tax Rulings
      750 Heron Road, 7th Floor             Directorate
      Ottawa ON  K1A 0L5                  M. Gauthier
                                          (613) 948-1143

      Attention: Jeff Haynes              2010-039150

Principal Residence Exemption for Non-residents

We are writing to advise you that we have adopted the following administrative position regarding the sale of a principal residence by an officer or servant of a country other than Canada.

Our administrative position is that no capital gains tax will be imposed on the sale of a principal residence that was purchased and lived in by anyone who would qualify for the exemption under paragraph 149(1)(a) of the Act if it were read without subparagraph (ii) thereof, provided the country of residence grants a similar exemption from taxation in respect of gains on principal residences and this exemption is available to an officer or servant of Canada of the same class. Where a gain is realized on a home that was jointly owned by a taxpayer who qualifies for the exemption discussed above and another person, then only such portion of the gain that is attributable to a taxpayer who qualifies for the exemption will be exempted.

In order to request a refund, a detailed letter should be submitted to the International Tax Services Office at the following address:

International Tax Services Office
Post Office Box 9769, Station T
Ottawa ON K1G 3Y4
CANADA

If you have any questions regarding the above, please do not hesitate to contact Michel Gauthier at (613) 948-1143.

We appreciate the expert assistance that you provided to us during the development of this position.

Phil Jolie
Director
International and Trusts Division
Income Tax Rulings Directorate
Legislative Policy and Regulatory Affairs Branch