Such property may be considered a principal residence of the individual under Canadian law if all of the other requirements of
the definition of a principal residence are met.
As discussed above, paragraph (c. 1) of
the definition of principal residence in section 54 of the Act enables a trust, in effect, to claim the principal residence exemption if very specific conditions are met.
In addition,
the definition of principal residence in section 54 contains detailed rules (in paragraph c. 1) that prohibits a trust (which is considered to be an individual for income tax purposes pursuant to the rule in subsection 104 (2) of the Act) from considering a property as its principal residence unless very specific conditions are met.
Fourth, properties do not need to be Canadian properties to be considered principal residences as long as all of the other conditions are met in
the definition of principal residence.
The definition of principal residence also contains a size restriction on the immediately contiguous land to the housing unit (not to exceed a half hectare unless the taxpayer can establish that any excess was necessary for the use and enjoyment of such property — the courts are littered with cases where the taxpayer has argued that the excess land is necessary for the use and enjoyment of the property).
Not exact matches
That's the
definition of a qualified
principal residence under the terms
of the Act.
The home must be your
principal residence (the
definition of which is known with certainty by no one).
If your co-habitation was more than occasional, and you meet the
definition of a common law couple, everything gets more complicated: only one tax exempt
principal residence between the two
of you is allowed.
The
definition of a Second Home from a lending perspective is a property that you will use for personal use, but which is not your
principal residence.
Second, the
principal residence exemption in paragraph 40 (2)(b) relies on the
definition of «
principal residence» in section 54
of the Act.