Gifting Assets to Family: What You Should Know First

For many families, supporting the next generation isn’t just a financial decision, it’s a heartfelt one, too. Whether it’s helping your child buy their first home, easing the weight of student loans, or passing down the family cottage, the desire to give is deeply personal.

But even the most well-intentioned gift comes with strings attached… some visible, others hidden in the fine print of tax law or estate planning.

Key Considerations Before Gifting

1. Financial Impact

Once a gift is made, it’s no longer yours. It’s essential to ensure that giving today won’t compromise your future needs, especially if the gift involves a valuable asset in your overall financial plan.

2. Tax Implications

In Canada, gifting property (outside of a spousal transfer) triggers a deemed disposition at fair market value.

• Investments/Property: Any capital gains accrued on the property are taxable in the year of the gift.
• Cash: No capital gains apply.
• Rental Property: You may face both capital gains *and* recapture of previously claimed depreciation.

3. Legal Risks

Once transferred, the property could be sold, mortgaged, or even divided in a divorce settlement. Depending on your province, family law may treat a gifted home as a marital asset. You can reduce risk by using strategies such as holding the property in a trust.

Gifting Now vs. Leaving an Inheritance

Gifting Now

• Pros: You get to see the impact of your gift while you’re alive. Lifetime gifts can also reduce the risk of family conflict after death and may avoid probate fees.
• Cons: The tax bill is immediate. In most cases, you’ll be taxed on any appreciation in the value of the property at the time of the gift. There’s also the risk of needing those assets later.

Leaving an Inheritance

• Pros: Assets continue to grow in your name, giving you full control and financial flexibility during your lifetime. Inheritance transfers through a Will also allow for strategic planning using testamentary trusts.
• Cons: There’s less certainty around how your estate will be managed. If equality between children is a concern, leaving all gifts to your Will may increase the risk of tension or legal challenges.

A Balanced Approach

Many families find success using a blended strategy, gifting smaller amounts now while preserving the rest for future inheritance. This can allow for tax-efficient giving over multiple years and provide a “test run” of how responsibly beneficiaries manage gifted assets.