Who files Subsection 45(2) & 45(3)?

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Answer

Owners who moved out and rented a Canadian home — a very common step when leaving Canada — or who moved into a property they had been renting. The obligation is decided by facts rather than by tax owing, which is why a nil position does not remove it.

The rule on who files

Owners who moved out and rented a Canadian home — a very common step when leaving Canada — or who moved into a property they had been renting.

Two of the firm’s advisers and the team in the open-plan office

The exception that catches people

Without the election, changing the use of a property is treated as a sale at fair market value on that date. Made properly, the election defers the gain; missed, the tax lands in a year the owner had no cash event at all.

Who files Subsection 45(2) & 45(3)?
ItemAmount
Gross amount receivedC$51,000
Withheld at source (assumed 25% of gross)C$12,750
Deductible costsC$34,680
Net amount actually earnedC$16,320
Tax on the net amount (assumed graduated result)C$5,222
Difference recoverable by filingC$7,528

Filing on a net basis recovers C$7,528 of the C$12,750 withheld. That difference is the entire reason the elective return exists, and it is lost by not filing.

An illustration, not a client file. The sums are chosen for legibility and the thresholds are stated for the example alone — nothing reaches a filing until it has been confirmed at source for your own year.

What to do next

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on Subsection 45(2) & 45(3) — change-of-use elections. If a letter prompted this, bring the letter — it usually contains the answer to half the questions.

Reviewed for accuracy for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. This is general information rather than advice about your file — a short call is the way to get the second.

Where do I have to file US taxes comes into this file

This is the page to read on do I have to file US taxes. It takes subsection 45 in order — the test that decides who is affected, the returns and forms that follow from it, and a fee quoted in writing before anything starts.

Files that look like this one

Case study 1

Election filed with the departure year return for a family home

The owners left Canada and let the house rather than sell it. We established the date the use changed, obtained value evidence as at that date while it could still be gathered properly, and made the election with the departure year return for each owner. The engagement produced a documented position on the value at the date of change, an election on the record for both halves of the jointly held title, and a file the owners can hand to whoever eventually deals with the sale.

Read how this one runs
Case study 2

Only one spouse had made the election on a jointly held house

The file came to us on a review of an earlier year. One owner's accountant had made the election; the other had not been told about the letting at all. We set out the consequence for each half of the property, assembled the value evidence that supported both positions, and put the second owner's election on the record with an explanation of the delay. The work produced consistent treatment across the whole property and a written record of why the two halves had been handled differently.

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Case study 3

Rental converted back into a home on return to Canada

The owner had elected on moving out and then, years later, moved back into the same property. The second change of use was not on anyone's list. We identified the direction of the change, dealt with the election that applies when a rental becomes a residence, and reconciled it with the position taken on the earlier move so that the two did not contradict each other. The engagement produced an election for the year of the move back and a single continuous history for the property.

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Case study 4

Non-resident vendor whose sale turned on the change of use date

A property held after the owner left Canada came up for sale, and the date the use had changed drove both the reported gain and the paperwork the purchaser's solicitor required before closing. We assembled the election, the value evidence supporting it and the rental history, and set the position out in a form the parties could rely on. The engagement produced a documented cost position for the sale and a clearance process that proceeded on facts already on the record rather than assertions made under time pressure.

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Case study 5

Property left empty while the owners decided whether to let it

The owners assumed that moving out was itself the change of use and asked us to file. We looked at what had actually happened. The house stood empty, it had not been offered for rent, and no income had been earned. We set out what would trigger a change of use, what evidence to keep if they decided to let it, and what the position would be if they sold instead. The engagement produced a written note rather than a filing, which was the correct outcome.

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Case study 6

Change of use discovered during an estate administration

The deceased had let a former home for many years and no election was on file. The executor needed a cost position for the estate and could not simply assume one. We reconstructed the history of occupation and letting from the records available, considered what value evidence could still be obtained for the relevant date, and set out the position and its weaknesses in writing. The engagement produced a defensible cost figure for the estate and a clear account of what rested on reconstruction rather than contemporaneous records.

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Case study 7

A Clean History Used to Remove a First Penalty

An administrative waiver can remove a first failure where the filing and payment record supports it, and it is spent once used. Whether to claim it now or keep it for a heavier year is a judgement made with the whole file in view.

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Case study 8

A US LLC Owned by a Canadian, Taxed Twice by Design

The two countries classify an LLC differently, so the credit relief that ought to apply frequently does not. The engagement looks at whether the structure can be changed, and where it cannot, at how to make the credit work.

Read how this one runs

All case studies — every published engagement in one place.

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Strategy and compliance for income, assets and families spread across borders.

One coordinating team: filings on every side of the border are sequenced so treaty relief and foreign tax credits are claimed once — and in the right country.

U.S. & Cross-Border Tax Returns

Dual filers: U.S. citizens in Canada and Canadians with U.S. income run two parallel systems — we prepare both, in the right order, every year.

Expat & Emigration Tax

The move year is its own project: the elections and valuations filed that year decide the next decade of both countries’ returns.

Non-Resident Canadian Tax

Default withholding is 25% of gross: elective returns routinely turn over-withheld rent and pensions into refunds.

Transfer Pricing & BEPS

Documentation prepared with the return is the cheapest insurance in international tax; reconstructing it during an audit is the most expensive.

Cross-Border Estates & Trusts

Wills drafted for one country routinely misfire in the other — deemed disposition here, estate tax there, credits in between.

Cross-Border Corporate Tax

Expansion raises the same four questions every time — entity, PE, repatriation, payroll. We answer them before the tax authorities do.

India Tax for NRIs & Returning Residents

The deduction is taken on the sale price, not the gain — which is why an NRI property sale strands cash unless the certificate is applied for before closing.

Canadian Tax with a Foreign Element

Residency is decided on facts, not on a form — and the year you arrive or leave is the one where the largest amounts turn on the smallest details.

UAE Tax for Expats & Their Home Country

A zero-tax country is only half the answer — the question that decides the bill is whether the country you came from still treats you as resident.

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Cross-border tax for sellers shipping worldwide: marketplace withholding, foreign registrations and inventory nexus handled before they become audits.

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Questions that come up on Subsection 45(2) & 45(3)

Do I have to file an election when I rent out my home?

Only if you want to stop the change of use being treated as a sale. When a home you lived in becomes a rental, the rules treat you as having disposed of it at its value on that date, even though nothing was sold and no money changed hands. The election is what stops that deemed disposition. It is made by the owner, in writing, with the return for the year the use changed. Nobody sends a reminder, and the point is rarely raised at the time. It usually surfaces years later, when the property is actually sold and someone asks how the change was handled.

I moved abroad and rented my Canadian home, do I file anything?

This is the most common version of the question, and yes. The move out and the letting are exactly the change of use the election addresses. It sits alongside the other filings the departure year brings, and the two interact: the value placed on the property at the date of the change is the figure the rest of the file depends on. Whoever owns the property makes the election. If the home is owned jointly, each owner makes their own, because the deemed disposition applies to each owner's interest separately.

Does each spouse file the election on a jointly owned property?

Yes. The deemed disposition is an event on each owner's interest in the property, so each owner elects for their own share. A single letter signed by one spouse does not carry the other. We see this missed most often where title was put in joint names for reasons that had nothing to do with tax, and only one spouse's accountant was told about the move. The practical consequence is that one half of the property is protected and the other half is not, which is a difficult thing to explain on a later sale.

I moved into a flat I had been renting out, what do I file?

That is the opposite direction, and it has its own election. A rental becoming your home is also a change of use and brings its own deemed disposition. The election in that direction is what stops it. The owner makes it, in writing, with the return for the year of the move. People who know about the first election often do not know there is a second, because moving into your own property feels like a private decision rather than a transaction. From the tax side the two are mirror images of each other.

Do I still file the election if the property has not gained value?

Whether the question arises is decided by the facts of the change, not by whether there is a gain. Where values have not moved, the deemed disposition may produce little or nothing, and that is a reason to check the position carefully rather than a reason to ignore it. Two things make the exercise worthwhile anyway. You need evidence of what the property was worth on the date of the change in any event, and that evidence is far easier to obtain at the time than years later when the property is being sold.

Nothing was sold, so why is there a disposition to report?

Because the rules treat a change in what a property is used for as though it had been sold at its value on that date and bought back again. The purpose is to draw a line between the period the property was your home and the period it was an investment, so the right part of the eventual gain falls to be taxed. The difficulty for the owner is that the tax lands in a year with no sale proceeds to pay it from. That is precisely the problem the election exists to solve.

What is a totalization agreement and how do I use one?

A social security agreement that stops you contributing to two systems for the same work, and lets periods in both count towards benefit eligibility in either. Which system you stay in depends on the agreement's rules for your situation — a seconded employee usually remains in the home system for a set period, a locally hired one usually joins the host system. You evidence it with a certificate of coverage obtained before or shortly after the assignment starts. See certificates of coverage.

Do I have to file in both countries?

Frequently yes, and the two filings do different jobs. The country where the income arises taxes it at source; the country where you are resident taxes your worldwide income and then gives credit for the tax already paid. Filing only one side is what leaves relief unclaimed — the credit has to be asked for on a return. We prepare both sides so the numbers agree. See dual filing.

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