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Lifetime capital gains exemption — The lifetime capital gains exemption stays at $1.25 million

By EverStone CPA · Updated

Lifetime capital gains exemption — The lifetime capital gains exemption stays at $1.25 million: lifetime capital gains exemption — $1.25 million; what it applies to — Qualified small business corporation shares, and qualified farm or fishing property; in effect since — 25 June 2024; indexed to inflation — From 2026; share sale or asset sale — Share sales only; on a $1,500,000 qualifying gain — First $1,250,000 exempt; $250,000 is an ordinary capital gain
The figures on this page, in one view.

Quick answer: The increase in the lifetime capital gains exemption to $1.25 million on qualified small business corporation shares and qualified farm or fishing property was kept, even though the inclusion rate increase announced alongside it was cancelled.

In force · Applies to qualifying dispositions This measure is law and applies now.

The exemption at a glance

FigureCurrent
Lifetime capital gains exemption$1.25 million
What it applies toQualified small business corporation shares, and qualified farm or fishing property
In effect since25 June 2024
Indexed to inflationFrom 2026
Share sale or asset saleShare sales only
On a $1,500,000 qualifying gainFirst $1,250,000 exempt; $250,000 is an ordinary capital gain

The exemption survived the cancellation of the inclusion-rate increase, despite the two having been announced together, which is the point most often got wrong.

How it works

The lifetime capital gains exemption lets you realise a capital gain on certain business property without paying tax on it. It is a lifetime total, not an annual allowance: once used, it is gone.

The exemption is $1.25 million. It applies to gains on qualified small business corporation shares, and to qualified farm or fishing property.

"Qualified" is doing real work in that sentence. Shares must meet tests about what the company owns and for how long — broadly, that the business is an active one rather than a holding vehicle, and that it has been so for a period before the sale. Shares that fail those tests get no exemption, and the tests are checked at the moment of sale.

How it applies to you

This is one of the most valuable provisions available to an owner of an incorporated business, and it applies at the moment of sale — which is exactly when it is too late to fix a problem.

Companies commonly fail the tests for reasons that felt sensible at the time: accumulated cash sitting in the corporation, an investment portfolio held inside the operating company, or a property that is no longer used in the business.

The exemption is per person. Where a spouse or family members hold shares, more than one exemption may be available — but only if they genuinely hold the shares, and share structures cannot be rearranged on the eve of a sale.

How to calculate it

How the exemption reduces tax on a sale:

StepDetail
Work out the capital gain on the sharesproceeds less adjusted cost base less selling costs
Confirm the shares qualifythe tests are met at the time of sale
Apply the exemption, up to your remaining lifetime limitup to $1.25 million
Any gain above that is a normal capital gainone-half included in income

Worked through: an owner sells qualifying shares for a gain of $1,500,000 and has their full exemption available. The first $1,250,000 is exempt. The remaining $250,000 is an ordinary capital gain, so $125,000 is added to income at the one-half inclusion rate.

What changed

The increase to $1.25 million took effect 25 June 2024 and is indexed to inflation from 2026. The two measures were announced together, so the cancellation of the inclusion rate increase led some to assume the exemption increase went with it. It did not.

What to do

If you may sell your company one day, the exemption is worth protecting years before the sale rather than discovering at closing that the shares do not qualify.

Purification — removing assets that are not used in the business — is the usual remedy, and it takes time. It cannot be done the week the buyer appears.

This is the one item on this page where the value at stake justifies advice well ahead of a transaction. The tests are technical, and whether shares qualify is a question of fact about your specific company.

The practical point. The exemption applies to share sales, not asset sales, and the corporation must meet asset and holding-period tests at the time of sale. Those tests are checked at the moment of the transaction, so purification work has to happen before a deal, not during it.

The terms used on this page

Lifetime capital gains exemption
A once-in-a-lifetime total of capital gains on qualifying business property that can be realised tax-free. $1.25 million.
Qualified small business corporation shares
Shares meeting tests about the company’s assets and how long they have been held. Only these qualify.
Purification
Removing non-business assets from a company so its shares meet the qualifying tests.

Common questions about lifetime capital gains exemption

Is the exemption still $1.25 million?+
Yes. The increase to $1.25 million took effect 25 June 2024 and is indexed to inflation from 2026. It was not affected by the cancellation of the capital gains inclusion rate increase, despite the two having been announced together.
Does the exemption cover selling my business assets?+
No. It applies to share sales, not asset sales. That distinction decides whether the exemption is available at all, and it is settled by how the transaction is structured rather than by what is being sold in substance.
What happens to a gain above the exemption?+
It is an ordinary capital gain. On a $1,500,000 gain with the full exemption available, the first $1,250,000 is exempt and the remaining $250,000 is treated normally — so $125,000 is added to income at the one-half inclusion rate.
When do the qualifying tests have to be met?+
At the time of sale. The corporation must meet asset and holding-period tests at the moment of the transaction, which is why purification work has to happen before a deal rather than during it.

Where this comes from

Every figure on this page is taken from the source below, not from interpretation:

General information, not tax advice. This page explains a change in general terms. It cannot account for your circumstances and does not create a professional relationship. Confirm anything that affects a decision — book a free consult.

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