Tax Tips & Traps – Q1 2026 (Issue 153) - Payments for the Right to Acquire a Home: Beneficial Ownership

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CRA recently examined whether participants in rent-to-own style arrangements hold beneficial ownership for purposes of the principal residence exemption (PRE).

CRA concluded that:

  • Exclusive possession alone is not sufficient
  • Lack of control over financing, renting, or structural changes indicates no beneficial ownership
  • Gains tied to accumulated “interest” payments are not eligible for the PRE

Action: Novel home-purchase arrangements should be reviewed carefully before assuming tax benefits apply.