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Cross-Border Tax Services

Leaving Canada? The CRA sells your portfolio on the way out

The day you cease Canadian residency, the CRA treats most of your property as sold at fair market value — the deemed disposition, informally the departure tax — and taxes the paper gains on your final return. Planned before the move, it’s manageable and sometimes small; discovered after, it’s expensive and mostly unfixable. We plan it before.

✓ Planned before the move   ✓ T1161 / T1243 filed right   ✓ Both countries, one team

What departure tax is

A deemed sale you never see the cash from

Every country wants a last word with people leaving its tax system, and Canada’s is blunt: on your departure date you’re deemed to have sold and instantly repurchased most of your capital property at fair market value. The accrued gains become taxable on your final Canadian return — no sale, no proceeds, real tax.

What’s caught: non-registered investment portfolios (stocks, ETFs, funds outside registered accounts), shares of private corporations, and most foreign property you own. What escapes: Canadian real estate (it stays in Canada’s net and is handled at the eventual sale), RRSPs and registered accounts (their deferral survives), certain business property, and property held by short-term residents. For a mover with a normal portfolio the bill is real; for one with a decade of gains or a private company, it can be the largest number in the entire relocation.

The forms

The three-form departure package

Form T1243 — the calculation

Deemed Disposition of Property by an Emigrant: each deemed-sold asset, its cost, its fair market value on the departure date, and the gain or loss flowing to your final Canadian return.

Form T1161 — the inventory

List of Properties by an Emigrant — required when your reportable property tops $25,000, even when no tax is owing. The late-filing penalty runs $25 a day to a maximum of $2,500, and it’s the most commonly missed piece of the entire departure package.

Form T1244 — the deferral

The election to defer paying the departure tax until the property actually sells, by posting security with the CRA. Interest-free parking for the bill — and for illiquid holdings, frequently the difference between exiting and firesaling.

The planning

Why the departure date is a planning tool

Set the date deliberately

The deemed sale happens on your departure date, at that date’s values — and the date follows your residential ties, which can be sequenced. Months of planning room usually exist; they close the day you leave.

Sequence gains and losses

Realizing losses before departure absorbs gains the deemed sale will trigger; deliberately crystallizing certain gains in a low-income year can beat having them all land at once.

Mind the US side of the same assets

The US generally inherits your original cost basis — the same pre-move gain can be taxed again at the eventual sale unless the treaty election aligning the two is taken and documented as a treaty position.

Paper everything consistently

The departure date on the final Canadian return must match the story the US dual-status return tells — mismatched dates are the classic thread an auditor pulls. We prepare both sides as one file, the way our cross-border practice always works.

Pricing

One engagement, the whole exit

Your exact fee is quoted and fixed in writing before any work begins. Moving-year returns in the cross-border packages coordinate with this planning directly.

Final quote confirmed in writing before any work begins. No hidden fees.

Departure Tax Planning

Fixed quote — in writing

The exit, planned and filed — both countries

  • Pre-move planning: departure-date strategy, loss/gain sequencing, account decisions
  • Form T1243 deemed-disposition calculation and final Canadian return
  • Form T1161 property inventory — filed on time, penalty avoided
  • Form T1244 security-deferral election where it fits
  • US-side coordination: dual-status return and the cost-basis position
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Common questions

Departure tax questions, answered straight

What exactly is the deemed disposition?

The day your Canadian tax residency ends, the CRA treats most of your capital property as sold at fair market value and instantly repurchased — taxing the accrued gains on your final Canadian return even though nothing was actually sold and no cash came in. It’s Canada’s last word on gains that grew while you lived there.

What’s exempt from departure tax?

The main carve-outs: Canadian real estate (it stays in Canada’s tax net and gets its own treatment when actually sold), RRSPs, RRIFs and most registered accounts (their deferral survives the move), Canadian business property of a permanent establishment, and property you already owned if your time as a Canadian resident was short. Your non-registered portfolio and private-company shares are generally caught.

Can I defer paying the tax?

Yes — an election (Form T1244) defers payment until the property is actually sold, by posting acceptable security with the CRA; below a threshold the CRA generally asks for no security at all. The deferral parks the bill interest-free — it doesn’t shrink it — and for owners of private-company shares with no liquidity it’s often the difference between a manageable exit and a forced sale.

What happens on the US side?

The US generally inherits your original cost basis, not the departure-date value — so the same pre-move gain Canada just taxed can be exposed again when you actually sell in the US. A treaty-based election exists to align the two, and taking it (or not) is a documented position — see our treaty-based return positions service. This is why the departure plan and the first US return are one project, not two.

I already left — is it too late to plan?

The levers that turn on the departure date are gone, but the cleanup ones aren’t: the T1161/T1243 package can be brought current (the T1161 penalty stops accruing the day it’s filed), the deferral election can still be considered, and the US-side basis position is usually still open. The sooner the file is squared, the cheaper — the expensive version is discovering all of this when a property sells.

Does the departure date really matter that much?

It’s the whole ballgame: the deemed sale happens on that date, at that date’s values, and everything downstream keys off it — the final Canadian return, the US dual-status split, the account decisions. Because the date follows your residential ties, it can often be planned — which is why the best departure files start months before the move.

Is a move on your calendar?

Book a free 15-minute call while the departure date is still a choice — we’ll map the deemed sale, the elections, and both countries’ returns before the clock starts.

The content on this page is for informational purposes only and does not constitute professional tax advice. Canadian departure tax requirements depend on individual facts and circumstances and are subject to change. See our full legal disclaimer.