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Can capital losses after death offset gains?

In defined circumstances a loss realised by the estate in its first year can be carried back against the deceased's final return.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

In defined circumstances a loss realised by the estate in its first year can be carried back against the deceased's final return.

The Canadian position

In defined circumstances a loss realised by the estate in its first year can be carried back against the deceased's final return.

Provincial law governs the detail, so confirm the position where the estate will be administered.

The Islamic position

The fixed shares apply to the net estate after funeral expenses, debts and any bequest capped at one third.

Where a Canadian instrument has no classical counterpart, treat it as a contemporary question for a qualified scholar.

Note

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Citations & sources

Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.

Canadian legislation & government
  1. What to do when someone has died — Canada Revenue Agency
  2. Income Tax Act, RSC 1985, c 1 (5th Supp) — Justice Laws Canada
  3. T3 Trust Guide — Canada Revenue Agency
Further reading — Treadstone Law
  1. Cottage capital gains tax death ontario — Treadstone Law
  2. Deceased final tax return estate taxes ontario — Treadstone Law
  3. Rrsp contribution deceased persons final return canada — Treadstone Law
  4. Disability tax credit deceased persons final return canada — Treadstone Law
  5. Wills & estates practice — Treadstone Law