What is departure tax when leaving Canada?

Short answer

When you cease Canadian residency, most capital property is deemed sold at fair market value that day, and accrued gains become taxable — even though nothing was actually sold. Canadian real estate, RRSPs and some other assets are exempt.

How the deemed disposition works

Emigration triggers a deemed disposition: the Income Tax Act treats you as having sold most capital property — foreign real estate, private company shares, portfolio investments — at fair market value on the day residency ends, and immediately reacquired it at that value. The accrued gain lands on your departure-year return.

Excluded assets keep their Canadian tax hooks instead: Canadian real property, Canadian business property, RRSPs/RRIFs and similar deferred plans are not deemed sold, because Canada retains the right to tax them later.

Reporting and the security election

Two forms document the exit: T1161 lists all reportable property over the $25,000 threshold, and T1243 computes the deemed dispositions. Missing the T1161 costs up to $2,500 even when no tax is owing.

You do not have to pay the departure tax immediately: an election with acceptable security defers payment until the property is actually sold. For illiquid assets like private company shares, that election is often the difference between a manageable exit and a forced sale.

Planning the exit properly

The levers are timing and valuation: realizing losses before departure to absorb deemed gains, crystallizing the lifetime capital gains exemption on qualifying shares while still resident, choosing the departure date around vesting and distribution events, and defensible fair-market valuations for anything the CRA might re-price. After arrival, the new country typically gives a fresh cost basis — so the two systems, sequenced correctly, tax each dollar of gain exactly once.

Reviewed for the 2025 tax year by Udit Gupta, International Tax, Cross-Border Tax & Transfer Pricing Expert, Legal Quotient Consultants. General information, not advice for your specific situation — contact us on the 24-hour helpline to discuss your circumstances.

What is departure tax when leaving Canada? Frequently Asked Questions

No. Canadian real property is excluded from the deemed disposition; Canada taxes it when actually sold, with a Section 116 certificate required for non-resident sellers.
Nothing on departure. It stays tax-deferred; withdrawals as a non-resident face Part XIII withholding, often reduced by treaty, and some countries recognize the deferral while you live there.
Yes — returning former residents can unwind some departure-tax positions and elect to reverse the deemed disposition on property still held. It needs to be claimed, not assumed.

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Files that look like this one

Case study 1

Deemed disposition computed for a client's investment portfolio on departure

A client leaving Canada permanently needed the deemed-disposition computation prepared for a diversified investment portfolio accumulated over many years, with cost bases that needed to be traced through several account transfers. We reconstructed the cost history for each holding, computed the deemed gain as of the departure date, and prepared the departure return with the computation properly supported.

Case study 2

Departure tax deferred using the security option available for illiquid assets

A client's departure triggered a deemed disposition on a private company interest that could not easily be sold to fund the resulting tax. We reviewed the security arrangement available to defer payment of the departure tax on that asset, prepared the required election and security documentation, and the client's departure return reflected the deferred position rather than an immediate cash burden they could not have met.

Case study 3

Canadian real estate correctly excluded from a departure computation

A client assumed their Canadian rental property would be included in their departure-tax computation along with their other assets, since they had read that most capital property is deemed sold on departure. We confirmed that Canadian real estate is a specific exclusion from the departure-tax deemed disposition, prepared the return excluding it correctly, and explained that the property remained subject to ordinary Canadian tax rules on any future actual sale instead.

Case study 4

Leaving Canada — the Bill You Get for Assets You Still Own

Emigrating triggers a deemed disposition of most holdings, which produces tax on gains never realised in cash. The file values the property, identifies what is excluded, and looks at whether security can be posted rather than the tax paid outright.

Read how this one runs
Case study 5

First Canadian Return After Arriving Mid-Year

The arrival date splits the year and sets the cost base of what you brought with you. Getting that date and those values right is what determines whether a later sale is taxed on the whole gain or only on the part that accrued after landing.

Read how this one runs
Case study 6

A Foreign Affiliate Return Filed Years Late

The reporting obligation on a company held abroad runs separately from the corporate return and carries its own exposure. The work is reconstructing the surplus position across the open years before any filing goes in.

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Case study 7

An Estate That Cannot Distribute Until the Clearance Comes

An executor who distributes before the clearance certificate can be held personally liable for what is later assessed. The file prepares the final return and the estate return, and applies for the clearance in the order that lets the estate close.

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Case study 8

A Foreign Property Form Filed Late, With Penalties Running Daily

The foreign asset return carries a penalty that accrues per day rather than per return, so the exposure grows quietly. Relief is discretionary and it is granted on the reasons given, which means the request is the work rather than the form.

Read how this one runs

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