For decades, Canada’s tax system has wrestled with the challenge of taxing capital gains fairly. Our current approach taxes gains only when realized, creating distortions: wealthy investors can indefinitely defer taxes on liquid financial assets, while ordinary Canadians face sudden tax spikes when they sell a home, a rental property, or shares in a family business. To correct these inequities, governments have experimented with “anti-deferral” regimes — such as section 94.1 of the Income Tax Act for offshore investment funds — and other countries, notably the United States, have developed the Passive Foreign Investment Company (PFIC) rules. Both regimes recognize the core principle: tax deferral is not a free loan, and fairness requires either annual accrual or an interest charge when gains are deferred.
OADRI generalizes this principle for all capital gains in Canada. Under OADRI, taxpayers have a clear choice:
- Accrual: declare and