Budget 2026 proposes to introduce a new capital gains exemption, the Canada Growth Incentive (CGI). The CGI would exempt up to $15 million of capital gains realized on certain qualifying shares disposed of by Canadian-resident individuals, on or after November 5, 2026 and before 2037. This $15 million limit would apply separately to each qualifying individual in respect of the business.
Eligibility would be subject to the following conditions:
A. Qualifying Business – The business would need to be an active business. Several businesses would be excluded, including but not limited to:
i. Professional practices (lawyers, accountants, physicians, etc.), consulting service businesses, and any business whose principal asset is the reputation or skill of one or more employees.
ii. Businesses operating in the agricultural, fishing, forestry, mining, financial, insurance, utilities, real estate, food and accommodation, arts, recreation, or entertainment sectors.
iii. Businesses operating under a licensing or franchising agreement.
B. Qualifying Individual – The individual must be a Canadian tax resident throughout the year in which the exemption is claimed and must have been at least 18 years old at the time the qualifying shares were acquired. A trust would not be considered a qualifying individual.
C. Qualifying Shares – The shares would need to meet all of the following conditions:
i. At the time of the share issuance, the corporation must be a Canadian-controlled private corporation (“CCPC”), in which all or substantially all of the fair market value of the assets were attributable to assets used, or intended to be used within 36 months, in a qualifying business carried on primarily in Canada.
ii. Immediately before and after the share issuance, the combined carrying value of the assets of the corporation and all related corporations must not exceed $100 million.
iii. The shares must have been issued for cash or employment services provided by the qualifying individual.
iv. Throughout the period of ownership of the shares by the qualifying individual, 50 per cent of the fair market value of the corporation’s assets must be attributable to assets used, or intended to be used, principally in a qualifying business.
v. For a minimum period of 24 consecutive months immediately following the share issuance, the qualifying business is carried on primarily in Canada.
vi. The shares must have been held by the qualifying individual for at least 36 months immediately before the disposition.
vii. At the time of disposition, the corporation must have been a Canadian resident corporation, and all or substantially all of the fair market value of the corporation’s assets must be attributable to assets used principally in a qualifying business.
An exemption claimed under the CGI would have a 30 per cent inclusion rate for alternative minimum tax purposes, consistent with the treatment for the Lifetime Capital Gains Exemption. Claims would also affect the lifetime capital gains exemption available on shares of the same corporation.
Most individuals are currently required to file their T1 personal income tax return and pay any balance owing by April 30th following the end of the taxation year. Self-employed individuals and their spouses have until June 15th to file their returns, although any balance owing remains due to be paid by April 30th to avoid interest charges.
Budget 2026 proposes to introduce a May 15th filing deadline for filing personal income tax returns and paying balances owing for all individuals, including self-employed individuals and their spouse or common-law partners.
The change would apply beginning with the 2027 taxation year, meaning the first affected annual filing deadline would be May 15, 2028.
For most individuals, instalments are required if their combined federal and provincial net tax owing on income for the current year and either of the two previous years is more than $3,000 (or $1,800 federal net tax owing for Quebec residents). Corporations generally must make tax instalment payments in respect of their federal tax liability unless their total federal tax payable is $3,000 or less for either the current or previous year. Interest and penalties would generally apply on late or insufficient instalment payments.
Budget 2026 proposes to increase the income tax instalment requirement threshold from $3,000 to $7,500 for corporations and individuals outside Quebec. The federal threshold for individuals in Quebec would increase from $1,800 to $4,500. The thresholds would be indexed to inflation and rounded to the nearest $500.
Budget 2026 also proposes that individuals whose primary income source is a business, including professional or commission income, would also be permitted to make a single annual instalment equal to two thirds of their annual net tax owing by December 31st. The remaining balance would be payable by the applicable balance-due date.
These changes would apply for taxation years beginning on or after January 1, 2028.
Budget 2026 proposes to increase the reporting threshold for Form T1135, Foreign Income Verification Statement (“Form T1135”), from $100,000 to $200,000. As a result, taxpayers would only be required to file Form T1135 if the total cost of their specified foreign property exceeds $200,000 at any time during the taxation year.
Budget 2026 also proposes to increase the threshold for simplified reporting from $250,000 to $500,000. Under the proposed rules, taxpayers whose specified foreign property exceeds $200,000 but remains below $500,000 throughout the year would be eligible to use the simplified reporting method.
These changes would apply to taxation years or fiscal periods ending after 2026. Both thresholds are based on the cost of specified foreign property, rather than fair market value.
Budget 2026 proposes an optional flat-amount calculation method for the following deductions and credits, to reduce the need for individuals to keep receipts and itemize expenses to support amounts claimed:
Budget 2026 confirms the government’s intention to proceed with the Productivity Mega Deduction announced in September 2026. The proposal would permanently allow immediate expensing for a broader range of depreciable property, generally acquired on or after September 15, 2026. Eligible costs could be deducted in the year the property becomes available for use.
Additional information on the Productivity Mega Deduction can be found here.
The excessive interest and financing expenses limitation (EIFEL) rules restrict interest deductions for certain taxpayers. Amongst other proposals, Budget 2026 proposes to broaden the previously proposed exceptions for purpose-built rental housing and regulated energy utilities to accommodate certain indirect borrowings within affiliated groups.
These measures would apply retroactively to taxation years that begin on or after October 1, 2023.
Budget 2026 introduces a potential corporate loss transfer rule, that would allow current-year non-capital losses to be transferred within qualifying wholly owned corporate groups through an annual joint election. Under the proposed parameters, both corporations would generally need to have permanent establishments solely in the same province or territory.
This measure, if enacted, would reduce the need for complex loss-utilization transactions that would otherwise have been required in a corporate group. No commencement date has been specified, as the government plans to first launch a consultation period.
Budget 2026 proposes to exempt CCPCs from the taxable preferred share regime by excluding dividends they pay from Part VI.1 tax. This measure applies to dividends paid on or after November 5, 2026.
Budget 2026 also proposes to increase the dividend allowance from $500,000 to $1.5 million and the threshold for the reduction of the dividend allowance, where dividends paid in the prior year exceed $3 million (currently, the threshold is $1 million). This measure applies to taxation years that end after 2026.
The government is reviewing the overall preferred share regime and is seeking written submissions from stakeholders to be sent by January 8, 2027.
Budget 2026 proposes to adjust the Taxable Canadian Property rules as follows:
Budget 2026 proposes to reduce the withholding tax and remittance rates on dispositions of TCP by non-resident corporate vendors. These measures would apply to dispositions that occur on or after January 1, 2027.
Budget 2026 proposes to exempt vendors and purchasers from the withholding and tax remittance requirements for fully tax-deferred section 85 rollovers of TCP provided that, within 30 days of the disposition, the section 85 election form is filed and the purchaser provides a notice to the CRA setting out information regarding the transaction and the vendor.
Budget 2026 also proposes to strengthen the anti-avoidance rules for tax-deferred rollovers of taxable Canadian property by non-residents by extending the reassessment period from three to five years.
Budget 2026 proposes to increase most fixed-dollar penalties to broadly account for inflation since their enactment. Generally, existing penalties would increase by a factor of two or three, depending on when they were first enacted, while more recently introduced penalties would remain unchanged, subject to limited exceptions. Budget 2026 also proposes to index these fixed amounts to inflation once every five years.
Budget 2026 also proposes to modify certain penalty amounts by taxpayer size to ensure that penalties are adequate for larger corporations or partnerships. The changes would apply to penalties for failing to provide required information on certain forms, failing to file certain tax forms, and failing to comply with certain other obligations under the Income Tax Act.
New penalties are also being proposed for repeated failures to file tax forms and repeated failures to comply with obligations that do not have a more specific penalty.
Budget 2026 proposes to extend the deadline for filing a notice of objection to one year from the date the notice of assessment is sent. For individuals and graduated rate estates, the deadline would be the later of one year from the date the notice of assessment is sent and two years from the tax return filing deadline. As a result, taxpayers would no longer need to request an extension of time to file a notice of objection, and the ability to do so would be eliminated.
The CRA would also gain authority, on royal assent, to report tax debts with the CRA exceeding $50,000 to credit bureaus where specified conditions are met. Those conditions include exhausted objection and appeal rights, at least 30 days’ written notice and an opportunity to make reasonable repayment arrangements.
Budget 2026 proposes to eliminate the excess corporate holdings regime for private foundations and replace it with existing rules that prohibit public foundations from acquiring control of a corporation. These changes would apply to taxation years beginning on or after January 1, 2027.
To understand how these changes will impact your personal and business affairs, schedule a consultation with a Crowe Soberman Advisor.
This article has been prepared for the general information of our clients. Please note that this publication should not be considered a substitute for personalized advice related to your situation.
Related Posts
Contact Us