Managing tax in a “tenancy in common” situation Nov 25th

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Q. I am a co-owner of a cottage in Ontario. The other co-owner would like to buy out my 50% share of the cottage as tenant in common. Do I have to claim capital gains if the cottage isn’t being sold?
–Claudia
A. Real estate is commonly owned as joint tenants, with rights of survivorship by spouses. However, tenancy in common is another ownership option that can be suitable for certain situations.
As an example, when siblings, friends or common-law spouses own real estate, they may not want their share to go to the survivor if they die. If they own the property as tenants in common, their respective shares can go to their respective estate if they die, and can be divided among their beneficiaries rather than going to the surviving co-owner. 
You ask about whether you need to claim capital gains given the property is not being sold, Claudia. However, you are selling it—just not to a third party. You are legally selling your share to the co-owner. 
Even if you were to transfer your share to the co-owner without money changing hands, as one might do with a child to transfer the family cottage to them, that will not avoid a deemed disposition or sale with the sale price based on the fair market value…

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