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My parents owned a cottage (the only property they ever owned, they couldn’t afford a house), and it was transferred to my mother after my father died. She “sold” me her cottage for $1 on March 19, 2009. I recently read an article about how that is NOT “legal” and have had sleepless nights since. The notary who completed the deed of transfer did not inform either my mother or me of any tax implications, so no taxes were paid.
My mother died on January 3, 2011. The estate was complicated because she had money in Switzerland she did not tell anyone about, and my brother and I (executors and heirs) had to pay penalties, back taxes as a result—not to mention hefty legal and accounting fees. So, not much “inheritance” left.
I am really concerned that I will be hit at some point with a huge tax bomb and penalties that will wipe out my savings. (I’m 69 years old.)
–Susan
I am sorry to hear about the stress that you are experiencing, Susan. This situation is a reminder for people about how important it is to stay organized and compliant from a tax and estate perspective; otherwise, you risk causing issues for your executors and beneficiaries in the future.
Fixing a past tax mistake
If you discover a mistake, or you want to come forward with an omission, there is a path to do so with the Canada Revenue Agency (CRA). It is called the Voluntary Disclosure Program (VDP). According to CRA:
“The Voluntary Disclosures Program (VDP) is an opportunity for taxpayers to inform the Canada Revenue Agency (CRA) about and correct errors or omissions in their tax obligations. If relief is provided by the CRA under the VDP, a taxpayer may receive some penalty and interest relief, and will not be referred for criminal prosecution. Any taxes owing will still have to be paid by the taxpayer in full.”
Changes were introduced for the VDP on October 1, 2025. The application form, Form RC199, Voluntary Disclosures Program (VDP) Application, was simplified to make it easier to file. The program has also become less restrictive. CRA has begun a program of sending education letters about unreported income or ineligible expenses to ensure compliance that does not prevent a taxpayer from applying. Prior to the changes, a VDP needed to be unprompted.
If you are under audit or were uncompliant in the past in an egregious manner, you may be restricted from a VDP application.
There are two types of relief that the CRA provides under the VDP:
- General relief normally applies to unprompted applications. These applications will receive 75% relief of the applicable interest and 100% relief of the applicable penalties.
- Partial relief normally applies to prompted applications. These applications will receive 25% relief of the applicable interest and up to 100% relief of the applicable penalties.
Principal residence exemption for a cottage
The good news for your mother’s situation, Susan, is that there was probably no tax payable on the transfer of her cottage to you. Often, a cottage is subject to capital gains tax when it is sold, transferred, or upon the death of the second spouse—but not always.
A cottage can qualify for the principal residence exemption (PRE). The PRE is available to use for any property you ordinarily occupy, with no limit on the number of days. It does not matter where you primarily live, nor where your mailing address is registered.
Since the only real estate your parents ever owned was this cottage, Susan, the property was likely non-taxable, whether it was sold to you for $1 or for fair market value by your mother.
Of note is that since the 2016 tax year, there is a requirement to report the disposition of a principal residence on your tax return in order for it to qualify. Previously, it was not a requirement to report a property that qualified as your principal residence for every year that you owned it.
Selling or transferring real estate for less than fair market value
It is also worth mentioning that selling a cottage that does not qualify for the principal residence exemption for less than the fair market value is not a way to avoid tax, nor is gifting it for no consideration. A sale or transfer to a non-arm’s length party—like a child—is considered a sale at the fair market value with tax payable accordingly by the seller or transferor.
For the child who acquires the property, there can also be an element of double taxation. If their acquisition cost is below the fair market value, they could end up paying tax unnecessarily on the difference between the acquisition cost and the fair market value at the time of the transfer when they dispose of the property in the future.
I think this is what you are worried about, Susan. But the good news is the transfer to you may be considered to have taken place at the fair market value, even though you only paid $1. CRA addressed this in a tax interpretation in 2019 (24 January 2019 2018-0773301E5):
“In certain circumstances, the Canada Revenue Agency may be willing to accept that the transfer of property between non-arm’s length parties for the nominal amount of $1 could be considered a gift. For example, if the agreement governing the transfer provides for consideration of $1 merely to ensure that the agreement is legally binding, the CRA may consider the transfer to be a gift.”
This may be the case in your situation, Susan. They also say:
“Paragraph 69(1)(c) of the Act will apply where a taxpayer (the recipient) has acquired property by way of “gift, bequest or inheritance.” If paragraph 69(1)(c) applies, the recipient is deemed to acquire the property at FMV [fair market value].”
So, you may be in the clear. If in doubt, you could contact CRA to request a generic Technical Interpretation or a more formal Income Tax Ruling specific to your situation.
The takeaway: For anyone considering a transfer or sale of real estate to a family member, professional advice is a must.
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