An individual held vacant land from 1990 to 1999 and then occupied a new home constructed thereon as the individual’s principal residence from 2000 to the property’s sale in 2020. Even if most of the appreciation in the property occurred after 2000, the effect of the formula in s. 40(2)(b) is to apportion the gain on a straight-line basis. Is this correct and, if so, could CRA accept an alternative method of taxing the taxpayer only on the gain on the land that had accrued up to 2000?
CRA responded:
[T]he years in which land is vacant are not included in the description of B in the formula in paragraph 40(2)(b), whereas all years from the year in which the individual acquired the vacant land are included in the description of C in that same formula. It is possible, therefore, that on the subsequent disposition of the property, where the property is land that has been vacant for some of the years, that the principal residence exemption will eliminate only a portion of the gain otherwise determined.
There is no provision … that allows for a different calculation … in this situation.