Lifetime Capital Gains Deduction

Lifetime Capital Gains Deduction

  • The lifetime Capital Gains Deduction is a $848,252 (2018 limit) gross deduction available throughout the taxpayer’s lifetime on the disposal of Qualified Small Business Corporation (QSBC)
  • The LCGD is a Division C deduction = 848,252 * 50% = $424,126 (over a taxpayer’s life)
  • This deduction will mean that $424,126 of taxable capital gains on the disposal of QSBC are not taxable
  • This deduction is only available to individuals
Qualified Small Business Corporation (QSBC) Shares:

The following 3 must be met for shares to be considered QSBC Shares:

1. The shares must be of a Small Business Corporation on the date of disposal:

  • A small business corporation is a Canadian Controlled Private Corporation (CCPC) of which all or substantially all (≥ 90%) of the fair market value of its assets are
    • used in an active business carried on primarily (>50%) in Canada; or
    • invested in shares or debt of a connected small business corporation
      • connected means ownership of > 10% of the voting shares
  • Assets not used in an active business include:
    • Marketable securities
    • Vacant land
    • Cash not being used in active business (excessive cash beyond what is needed to run operations)
  • Purification Techniques
    • If this 90% rule is not being met, you can purify your assets by selling your non-active business assets (like vacant land) and using the proceeds to pay off liabilities

2. The shares must have been owned by the taxpayer or a related person throughout the last 24 months before disposal.

3. Throughout the last 24 months before disposal:

  • The share is a CCPC share; and
  • More than 50% of the FMV of the corporation’s asset must be used in an active business carried on primarily in Canada
Cumulative Net Investment Loss (CNIL)
  • Cumulative Net Investment Loss = the excess of investment expenses over investment income since 1988
  • The Cumulative Net Investment Losses decrease the $424,126 Lifetime Capital Gains Deduction claimed in Division C

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