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The $250,000 Capital Gains Threshold Creates Three Tax Outcomes Depending on Who Owns the Asset
By Patrick Henneberry profile image Patrick Henneberry
3 min read

The $250,000 Capital Gains Threshold Creates Three Tax Outcomes Depending on Who Owns the Asset

A real estate investor in Richmond Hill sold a rental property in March 2026 for a $400,000 gain and paid tax on roughly $213,000 of income. His accountant had been recommending for two years that he move the property into a holding company. He didn't. That decision cost him $31,000.

The $250,000 threshold applies only to individuals. Corporations pay the higher inclusion rate from dollar one. Trusts follow the same rule unless they allocate gains to beneficiaries who can use their personal thresholds. The structure you choose determines which rate applies, and most people pick the structure for reasons that have nothing to do with capital gains.

Personal ownership shelters the first quarter-million

An individual realizing $400,000 in gains this year includes $250,000 at the 50% rate (producing $125,000 of taxable income) and the remaining $150,000 at 66.67% (producing $100,000 of taxable income). Total taxable: $225,000. At Ontario's top marginal rate of 53.53%, the tax bill is roughly $120,000.

The same gain inside a Canadian Controlled Private Corporation is taxed at 66.67% inclusion across the entire $400,000, producing $266,667 of taxable income. At the combined federal-provincial corporate rate of approximately 50.17% on investment income, the corporate tax is roughly $134,000. The $250,000 threshold does not exist at the corporate level.

For gains under $250,000, personal ownership now beats corporate ownership on tax alone. That reverses decades of planning that favoured holding appreciating assets in a corporation to defer tax and access the Capital Dividend Account.

Corporations lose integration on investment gains

The "integration" principle in Canadian tax law was designed so that earning $1 of investment income personally or through a corporation produced roughly the same after-tax result. When the inclusion rate changed in 2025, that math broke.

A $200,000 gain realized personally produces $100,000 of taxable income. Tax owing in Ontario: roughly $53,500. A $200,000 gain in a CCPC produces $133,333 of taxable income and corporate tax of roughly $67,000. To distribute the after-tax amount to the shareholder as a dividend adds another layer of personal tax. The corporate route now costs more even after the dividend gross-up and credit, because the Capital Dividend Account only shelters 33.3% of the gain (the non-taxable portion) instead of the old 50%.

Business owners who routinely reinvest inside the corporation for creditor protection or estate planning now face a real trade-off. Moving $500,000 of publicly traded securities from a holding company to personal ownership to access two years of $250,000 thresholds can save $40,000 in tax, but it exposes the assets to creditors and complicates probate.

Trusts must allocate to individuals or pay the corporate rate

A discretionary family trust that realizes a $300,000 capital gain is taxed at the 66.67% inclusion rate at the trust level. The trust has no $250,000 threshold. To access the lower rate, the trust must allocate the gain to individual beneficiaries, who then report it on their personal returns and use their own thresholds.

A trust distributing $250,000 of gains to an adult child with little other income allows the child to use the 50% inclusion rate on the full amount. The trust pays no tax on the allocated portion, and the child's tax bill is based on their lower marginal rate. A trust that does not allocate pays tax as if it were a corporation.

Trusts set up for income splitting or estate freezes were often drafted with discretion to retain income. That discretion is now expensive. Families using trusts to hold cottages, rental properties, or investment portfolios should revisit the trust deed to confirm allocation language is broad enough to push gains to beneficiaries in the year of sale.

Timing gains around the threshold

The $250,000 threshold resets every calendar year. An investor with $400,000 in accrued gains can realize $250,000 in December 2026 and $150,000 in January 2027, sheltering $400,000 at the 50% rate across two years instead of only $250,000 in one year. The tax savings on $150,000 taxed at 50% instead of 66.67% is roughly $13,000 in Ontario.

This creates an incentive to smooth gains. Investors who historically "bunched" realized gains into a single year to simplify administration now have a reason to stage sales. The administrative cost of tracking and executing multi-year dispositions must be weighed against the tax saved.

Structures matter now more than they have in a decade. Your tax bill will vary based on whether you hold assets personally, in a corporation, or through a trust.