The capital gains reserve: spreading a gain over multiple years

When you haven’t received all the proceeds in the year of sale — or when emigration triggers a deemed disposition — the reserve lets you defer part of the capital gain to future years.

Updated July 2026 · 8 min read
Key takeaways
  • A capital gains reserve lets you defer reporting part of a gain when proceeds are receivable over future years — up to 5 years (20% minimum inclusion per year).
  • Emigrants can also claim a reserve on deemed-disposition gains for property they haven’t actually sold, deferring tax until real disposal.
  • The reserve is reported on Schedule 3: claim a reserve this year, bring it back into income next year, then re-claim if still eligible.

What is the capital gains reserve?

The capital gains reserve (section 40(1)(a)(iii) of the Income Tax Act) lets you defer reporting part of a capital gain when you haven’t received all the proceeds in the year of sale. Instead of reporting the full gain up front, you spread it over the years you actually receive the money.

This most commonly applies to:

  • Installment sales — selling property (real estate, a business, shares) with payments spread over several years
  • Vendor financing — you provide a loan to the buyer and receive payment over time
  • Departure tax — emigrating from Canada triggers a deemed sale, but you haven’t received any actual proceeds

How the reserve calculation works

The maximum reserve you can claim in a year is based on the proportion of proceeds not yet due:

Reserve = Capital gain × (Proceeds not yet receivable ÷ Total proceeds)

But there is a minimum inclusion rule: you must include at least 20% of the gain per year. This means the gain is fully recognized within 5 years at most (10 years for qualifying farm, fishing, or small business property transfers to children).

YearMinimum cumulative gain reportedMaximum reserve remaining
Year 1 (sale year)20%80%
Year 240%60%
Year 360%40%
Year 480%20%
Year 5100%0%

If you actually receive the proceeds faster than the minimum schedule, you include the gain at the actual collection rate (which may exceed 20% per year).

Example: selling a rental property in installments

You sell a rental property for $500,000 (ACB of $300,000, gain of $200,000). The buyer pays $100,000 per year over 5 years.

YearReceived% not yet receivableReserve claimedGain reported
1$100,00080%$160,000$40,000
2$100,00060%$120,000$40,000
3$100,00040%$80,000$40,000
4$100,00020%$40,000$40,000
5$100,0000%$0$40,000

Result: the $200,000 gain is spread evenly over 5 years ($40,000/year), potentially staying in a lower tax bracket each year.

The reserve for emigrants (departure tax deferral)

When you emigrate from Canada, the CRA triggers a deemed disposition at fair market value. You have a large gain but received no actual proceeds — making you eligible for the reserve.

How it works for emigrants

  • The entire proceeds are "not yet receivable" (you haven’t sold anything), so the formula produces a large reserve.
  • The 20%-per-year minimum still applies: you must include at least 20% of the deemed gain on your departure return.
  • In subsequent years, you file a section 216 return (or elect under section 220(4.5)) to bring back 20% of the gain each year.
  • If you actually sell the property before the 5-year period ends, the remaining reserve is fully included in that year.
  • The CRA typically requires security (a bank letter of guarantee or similar) to grant the deferral.
This is not automatic. You must elect the reserve and may need to post security with the CRA. Emigration filings are complex and professional cross-border advice is strongly recommended.

Who can claim the reserve

The reserve is available when:

  • The proceeds (or part of them) are not receivable until after the end of the tax year
  • The sale is to an arm’s-length buyer (non-arm’s-length sales to a corporation have restrictions)
  • You were a Canadian resident at the time of the sale (or the deemed disposition applies)

When you cannot claim the reserve

  • Non-arm’s-length sales to a corporation: The reserve is generally denied if you sell property to a corporation you control.
  • Death: On the terminal return, no reserve can be claimed (the gain is fully included).
  • Becoming a non-resident after sale: If you claimed a reserve and then emigrate, the remaining reserve is included on your departure return.
  • Trusts: Certain trust dispositions have limited or no reserve eligibility.

Reporting the reserve on Schedule 3

The reserve uses a claim-and-recapture mechanism on Schedule 3:

  1. Year of sale: Report the full gain, then deduct the reserve on line 6 of Schedule 3. The net taxable gain reflects only the portion you’re including this year.
  2. Each subsequent year: Add back last year’s reserve as income (line 7), then claim a new (smaller) reserve for the current year. The difference is your gain for this year.
  3. Final year: Add back the prior year’s reserve with no new reserve — the remaining gain is fully included.

The annual cycle continues until either you’ve received all the proceeds, or 5 years have passed (whichever comes first).

Tax planning with the reserve

The reserve is one of the few tools that lets you smooth a large one-time gain across multiple years. This can:

  • Keep you in lower brackets: A $200K gain reported in one year pushes you into the highest bracket. Spread over 5 years, some or all stays in lower brackets.
  • Preserve income-tested benefits: OAS clawback, GIS, CCB, and provincial benefits use net income as the test. Spreading the gain reduces each year’s income impact.
  • Manage the inclusion rate threshold: With the 2/3 inclusion rate applying above $250K in annual capital gains, spreading gains across years can keep each year under the threshold.
Timing matters. If you expect your income to rise significantly in future years (e.g., pension starts), claiming the reserve may push gains into higher-rate years. Model both scenarios.

Frequently asked

What is a capital gains reserve?

A reserve that lets you defer reporting part of a capital gain when you haven’t received all the sale proceeds in the year of disposition. You spread the gain over up to 5 years (minimum 20% per year), or 10 years for qualifying farm/fishing/small business transfers.

Can I use the reserve when emigrating from Canada?

Yes. Departure tax triggers a deemed disposition with no actual proceeds received, making you eligible for the reserve. You must include at least 20% of the gain on your departure return and file returns in subsequent years to bring back the remainder. Security is usually required.

How long can I defer a capital gain with the reserve?

A maximum of 5 years for most property (20% minimum inclusion per year). For qualifying transfers of farm, fishing, or small business property to children, the maximum is 10 years (10% per year).

Do I report the reserve on Schedule 3?

Yes. In the sale year, you deduct the reserve from your gain (line 6). In each subsequent year, you add back last year’s reserve (line 7) and claim a new, smaller reserve. The net difference is your taxable gain for that year.

What happens to my reserve if I die or become non-resident?

On death, the remaining reserve is fully included on the terminal return. If you emigrate after claiming a reserve on a prior sale, the remaining reserve is included on your departure return.

Keep reading
Capital gains tax in CanadaDeparture tax when leaving CanadaThe inclusion rate, explainedHow to fill Schedule 3

Educational information, not tax advice. Rules summarized here can change and may not fit your situation — always confirm your capital gains reporting with a qualified Canadian accountant.

Not tax or legal advice. Always confirm capital gains reporting with a qualified accountant. · Made with love in Canada 🇨🇦
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