Canadian Guide · 2026
Canada Inheritance Tax 2026 —
there isn't one
Canada has no inheritance tax and no estate tax — beneficiaries inherit tax-free, at any amount. The estate pays instead, on the deceased's final return. And the 66.67% capital gains rate you may have read about was cancelled on 21 March 2025.
Published 2026-09-07 · Last reviewed 2026-09-07 · Reading time ~9 min
The 30-second answer
There is no inheritance tax in Canada, and no estate tax. A beneficiary receives an inheritance tax-free and does not report it as income — whatever the amount. Canada abolished federal estate tax in 1972.
The tax is collected from the deceased, not the heirs, on a final T1 return covering 1 January to the date of death. Three things drive it: deemed disposition of capital property at fair market value (50% of the gain taxable), the full value of any RRSP or RRIF as ordinary income, and provincial probate on top. The principal residence is exempt and a TFSA passes tax-free.
The capital gains inclusion rate is 50%. The proposed increase to 66.67% was cancelled on 21 March 2025 and never became law. If a page tells you Canadian estates now face 66.67%, it is out of date — and it was probably never right, because even the proposal exempted the first $250,000 of an individual's annual gains.
The 66.67% claim, and why it will not die
Four things happened in eleven months. Every one of them is true. Quote any single one without the last, and you get the version of Canadian tax law that is currently circulating.
16 April 2024
Proposed in Budget 2024
The federal budget proposed raising the inclusion rate from 50% to 66.67% — for individuals only on gains above $250,000 a year, and for corporations and most trusts on every dollar of gain.
25 June 2024
Proposed effective date
The increase was to apply to dispositions on or after this date. It was never enacted, but CRA administered it as proposed for a period, which is why so much 2024 coverage describes it in the present tense.
31 January 2025
Deferred to 1 January 2026
Finance Canada pushed the effective date back a further eighteen months. This is the step that produced the widely-repeated claim that the higher rate 'starts in 2026'.
21 March 2025
CANCELLED
The government announced it would cancel the proposed hike outright. The Lifetime Capital Gains Exemption increase to $1,250,000 was kept. Budget 2025, on 4 November 2025, contained no inclusion-rate measure.
Today
50% inclusion rate, for everyone
Half of every capital gain is taxable, with no $250,000 threshold and no distinction between individuals, corporations and trusts. This is the rate that applies on a final return at death.
Sources: Budget 2024; Department of Finance Canada (31 January 2025 deferral); Prime Minister of Canada news release, 21 March 2025, “cancel the proposed hike in the capital gains inclusion rate”; Budget 2025 (4 November 2025).
What the mistake is worth, in dollars
Take an Ontario estate with no surviving spouse: a non-registered portfolio worth $600,000 that cost $300,000, and a cottage worth $700,000 that cost $250,000. That is $750,000 of accrued capital gains. Here is the same estate under the law, under the claim, and under the proposal that was never enacted.
- The law today — 50% inclusion
- $375,000 added to the final return
- The claim — 66.67% on every dollar
- $500,025 — an invented $66,926 of tax at Ontario's top rate
- The cancelled proposal, applied correctly
- $458,350 — $44,617 more than today, had it ever passed
Two separate errors compound in the popular version. The first is that the increase happened at all — it did not. The second is that it would have applied to every dollar of gain — it would not, because individuals kept the 50% rate on the first $250,000 of gains each year, and a final return is an individual return. The flat-66.67%-on-an-estate figure describes something that was never even proposed.
Priced at Ontario's 53.53% top combined marginal rate, applied to the difference in taxable income. Illustrative: a real final return applies graduated brackets rather than a flat top rate, and the principal residence, TFSA and any spousal rollover are excluded here deliberately so the inclusion-rate effect is visible on its own. Use the estate tax calculator for a full bill.
Know the number before it matters
Richify tracks your net worth across registered and non-registered accounts, so the deemed-disposition bill is a figure you already know rather than one your executor discovers. Free on iOS and Android.
What actually happens at death — three layers
Heirs pay nothing. The estate settles with the CRA first, and a large estate can lose six figures before anything is distributed.
1. Deemed disposition
Section 70(5) of the Income Tax Act treats the deceased as having sold every capital property at fair market value immediately before death — even though nothing was sold. Accrued gains become income on the final return, with 50% of the gain taxable.
Applies to: Non-registered investments, a cottage or second property, rental property, a business interest.
Not caught: The principal residence is exempt for the years it was designated as such.
2. Registered accounts
The full value of an RRSP or RRIF is added to final-return income as ordinary income — not as a capital gain, so no inclusion rate applies and none of it is sheltered. This is usually the single largest line.
Applies to: RRSP, RRIF, and locked-in equivalents.
Not caught: A rollover to a spouse, common-law partner, or financially dependent child defers the whole amount. A TFSA passes tax-free.
3. Probate
A provincial fee or tax on the value of the estate passing under the will, charged on top of the income tax. It ranges from $0 in Manitoba to roughly 1.7% marginal in Nova Scotia.
Applies to: Assets passing through the estate under the will.
Not caught: Assets with a named beneficiary or held jointly with right of survivorship generally bypass probate.
The practical question is never “will my children pay inheritance tax?” — they will not — but how large is the final return, and is there cash to pay it? Executors are personally liable if they distribute before obtaining a clearance certificate, which is why an illiquid estate holding a cottage and a large RRIF can force a sale that better planning would have avoided.
What is not taxed at death
- The inheritance itself
- A beneficiary receives an inheritance tax-free and does not report it as income, whatever the amount. There is no beneficiary-side tax to plan around.
- The principal residence
- Exempt from the deemed-disposition gain for the years it was designated. For most estates this is the largest single asset and it passes without capital gains tax.
- A TFSA
- Passes tax-free. Growth after the date of death is taxable to the recipient unless a spouse is named successor holder, in which case the account simply continues.
- Anything left to a spouse
- The section 70(6) spousal rollover transfers capital property at cost and registered accounts intact, deferring the entire bill to the second death. For most couples the first death produces close to no tax.
- Life insurance proceeds
- Paid to a named beneficiary tax-free, and outside the estate for probate. This is why insurance is a common way to fund the tax the estate does owe.
Work out your own numbers
Estate tax at death calculator
The full final-return bill — deemed disposition, RRSP/RRIF inclusion, spousal rollover and probate, for all 13 provinces and territories.
Probate fee calculator
The provincial fee on its own, from $0 in Manitoba to about 1.7% marginal in Nova Scotia.
RRIF minimum withdrawal calculator
The account that usually drives the final-return bill — and the prescribed factors that govern it while you are alive.
OAS clawback calculator
Large RRIF withdrawals interact with the OAS recovery tax — see where the threshold bites.
Inheritance tax questions Canadians ask
Is there an inheritance tax in Canada?+
No. Canada has no inheritance tax and no estate tax. A beneficiary receives an inheritance tax-free and does not report it as income, at any amount. Canada abolished federal estate tax in 1972 and replaced it with taxation at death through the income tax system, which is collected from the DECEASED on their final T1 return before anything is distributed. Three things drive that bill: deemed disposition of capital property at fair market value with 50% of the gain taxable, the full value of any RRSP or RRIF as ordinary income, and provincial probate on top. So heirs pay nothing directly, but what they receive is what is left after the estate has settled with the CRA.
Did Canada raise the capital gains inclusion rate to 66.67%?+
No. It was proposed in Budget 2024 on 16 April 2024, with a 25 June 2024 effective date, then deferred to 1 January 2026 on 31 January 2025, and then CANCELLED on 21 March 2025. It never became law. The inclusion rate is 50% for individuals, corporations and trusts alike, with no $250,000 threshold. The one Budget 2024 capital gains measure that WAS kept is the increase in the Lifetime Capital Gains Exemption to $1,250,000 on the sale of small business shares and farming and fishing property. Budget 2025, on 4 November 2025, contained no inclusion-rate measure. If you are reading a page that says otherwise, check its date — most of them were written during the eleven months when the proposal was live.
Why do so many websites still say the rate is 66.67%?+
Because each step of the sequence is individually true, and the older steps are more heavily linked than the cancellation. The proposal was announced in a federal budget and covered exhaustively; the CRA administered it as proposed for a period, so 2024 coverage describes it in the present tense entirely accurately for its time; the January 2025 deferral produced a wave of articles saying the higher rate 'starts in 2026'. The March 2025 cancellation got a fraction of that attention. A page that quotes any single step without the last one is not lying so much as frozen — but the effect on a reader planning an estate is the same.
Even if it had passed, would my estate have paid 66.67% on everything?+
No — and this is the second error in the claim. Under the cancelled proposal, individuals kept the 50% rate on the first $250,000 of gains in a year, with 66.67% applying only above that. A final return is an individual return, so an estate would have had that threshold. Only corporations and most trusts faced the higher rate on every dollar. So the pages claiming a flat 66.67% on a deceased person's gains describe something that was never proposed, let alone enacted.
How much tax does a Canadian estate actually pay?+
It depends almost entirely on two things: how much is in registered accounts, and whether there is a surviving spouse. RRSP and RRIF balances are added to final-return income in full and are often taxed at or near the top marginal rate, which reaches 53.53% in Ontario and about 54.8% in Newfoundland and Labrador. Capital gains are gentler because only 50% is taxable and the principal residence is exempt. A spousal rollover defers essentially all of it to the second death. Our estate tax calculator models the whole bill including probate for every province and territory.
Do beneficiaries pay tax on money they inherit?+
No. There is no tax on receiving an inheritance in Canada, and it is not reported as income. What a beneficiary does owe tax on is what happens afterwards: income or capital gains earned on the inherited assets from the date of death onward are theirs. Inherited property comes with a cost base equal to its fair market value at the date of death, so only growth after that point is taxable when they eventually sell. The one common exception is a TFSA, where growth between the date of death and distribution is taxable to the recipient unless a spouse was named successor holder.
Does the estate pay tax if everything goes to my spouse?+
Usually close to nothing at the first death. The section 70(6) spousal rollover transfers capital property to a spouse, common-law partner, or qualifying spousal trust at cost rather than at fair market value, so no deemed gain arises, and registered accounts roll over intact rather than being cashed into income. The deferral is not forgiveness: the full bill arrives at the second death, on a single return with no second set of credits and no rollover available. That is why planning for most couples is really planning for the second death.
What is the deemed disposition rule?+
Section 70(5) of the Income Tax Act treats a person who dies as having sold every capital property they owned at fair market value immediately before death, even though nothing was actually sold. Any accrued gain becomes taxable on the final return at the 50% inclusion rate. A cottage bought for $250,000 and worth $700,000 at death produces a $450,000 deemed gain, of which $225,000 is added to income. The two great shelters are the principal residence exemption and the spousal rollover.
Related Canadian guides
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RRSP vs TFSA Canada 2026
The bracket-arbitrage framework — and why the TFSA is the estate-friendly account.
Maximizing TFSA growth
The one account that passes at death without tax or probate.
Retirement planning in Canada
CPP, OAS, RRSP and RRIF sequencing — the decisions that set the size of the final return.
