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Updated almost 3 years ago on . Most recent reply
Is there a 1031 exchange equivalent in Canada?
Hi,
I have been trying to find the equivalent law in Canada of the 1031 exchange in the US.
What I have found, under the income tax act section 44 and 44.1, Canadian's can have their gains rolled over into other proper ties only if it was expropriation by the government, destroyed (partially or completely), and if the business was using the property to generate revenue excluding rental income.
I will post a link later if anybody is interested.
Has anyone found anything different? I read that Canadians can use the 1031 exchange on their US properties to bother other properties in the United States but it does not apply when buying/selling from US to Canada.
All the best,
Matt
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The sections to which you refer are for replacement property ... most of the section is aimed at operational businesses which need to replace a facility (office, warehouse, factory) ... it is very rare that can you leverage them for investment properties - @Paul MacInnis may be able to shed some light as he's been exploring this section of the Income Tax act w/r to a property lost to fire.
There is no equivalent to the the U.S.A. Section 1031 in Canada.