Q
๐Ÿ’ผ Israeli Tax LawAnswered June 29, 2026 ยท Adv. Eli Shimony

Will I pay Canadian departure tax when I make aliyah and move to Israel?

Short Answer

Most likely yes, on some assets. When you cease Canadian tax residency, subsection 128.1(4) of the Income Tax Act deems you to have sold almost all your property at fair market value the day before you leave, triggering capital gains tax. Canadian real estate, RRSPs, RRIFs and TFSAs are exempt. You report it on Form T1243, list property over CAD 25,000 on Form T1161, and can elect to defer payment until you actually sell.

Canadians planning aliyah often focus on the Israeli side of the move and miss a bill waiting for them on the way out the door. Canada operates a departure tax. The day you stop being a Canadian tax resident, the Canada Revenue Agency treats you as if you sold nearly everything you own at market value, and taxes the gain, even though you have not sold a single share. Knowing which assets are caught, which are spared, and how the deferral election works can be the difference between a clean exit and a surprise assessment after you have already landed in Israel.


Detailed Explanation

The rule lives in subsection 128.1(4) of the Income Tax Act. On emigration you are deemed to dispose of most of your capital property at its fair market value immediately before you cease residency, and you pay Canadian capital gains tax on the resulting gain. This catches non-registered investment portfolios, shares in private companies, and foreign assets. It does not catch Canadian real property, which Canada keeps the right to tax later through the section 116 process when you eventually sell as a non-resident, and it does not catch registered plans. Your RRSP, RRIF and TFSA are outside the deemed disposition, although how Israel later treats them is a separate question.

The compliance steps are specific. If the total fair market value of your reportable property exceeds CAD 25,000, you file Form T1161, a list of properties, with your final Canadian return. You report the deemed gains themselves on Form T1243. Where the departure tax would be painful to pay before any real sale, you can elect under the Act to defer the tax, without interest, until you actually dispose of the property, provided you make the election by 30 April of the year after you leave and post security with the CRA for larger amounts. Pinning down the date you ceased residency matters, because it fixes the valuation day, and residency is a question of fact based on where your home, family and ties move.

From the Israeli side, the move resets your tax picture, often favourably. A new immigrant (oleh) receives a ten-year exemption on foreign-source income and gains under the Income Tax Ordinance 1961, so assets you keep after landing can grow outside the Israeli net for a decade. Israel and Canada also have a double-tax treaty that governs which country taxes what once you are settled. The interaction is the tricky part: Canada taxes the gain up to your departure date, and Israel generally taxes only what accrues after you become Israeli resident. Planning the order and timing of sales around both systems is where families save real money. If you are still mapping the move, our guide on how to make aliyah from Canada covers the residency and settlement side that sits alongside the tax exit.

In Practice: Under subsection 128.1(4) of the Income Tax Act, ceasing Canadian residency triggers a deemed sale of non-registered assets at fair market value, reported on Form T1243, with property over CAD 25,000 listed on Form T1161, both filed with your final return by 30 April of the following year. The Canada Revenue Agency lets you defer payment, interest-free, until the real sale if you elect on time. On the Israeli side, an oleh gets a ten-year foreign-income exemption under the Income Tax Ordinance 1961, so a Canadian who sells a CAD 500,000 portfolio after landing may face Canadian departure tax on the pre-move gain while the post-move growth stays exempt in Israel for ten years.

Key Considerations

  • The departure tax hits unrealised gains on non-registered assets, even with no actual sale.
  • Canadian real estate and registered plans (RRSP, RRIF, TFSA) escape the deemed disposition.
  • The deferral election under section 128.1 postpones payment until you truly sell, but you must claim it on time.
  • Your departure date sets the valuation, so document when your Canadian ties actually ended.
  • Israel's ten-year oleh exemption can shelter post-arrival growth, but it does not undo Canadian departure tax.

When to Consult a Lawyer

This question typically requires professional legal advice when:

  • You own private company shares or a large non-registered portfolio, where the deemed gain and the deferral security are significant.
  • You are unsure of your exact date of departure, because it changes the valuation and the tax.
  • You want to sequence asset sales to use both the Canadian rules and Israel's oleh exemption efficiently.

A cross-border adviser should coordinate your final Canadian return with your Israeli arrival, because the two filings interact and the timing is hard to fix after the fact.


Speak With an Israeli Attorney

We help Canadian olim plan the Israeli side of emigration, including the ten-year new-immigrant exemption and the Canada-Israel treaty, so the move works with your Canadian departure-tax position rather than against it.

Contact us for a confidential initial consultation.

When to Contact a Lawyer

While general information can help you understand your situation, Israeli legal matters are complex. You should consult with a qualified Israeli attorney if:

  • The matter involves real estate or significant assets
  • There are deadlines, disputes, or multiple parties involved
  • You need to take action within a specific time frame
  • Documents need to be apostilled, translated, or notarized
  • You need to transfer funds from Israel internationally
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Adv. Eli Shimony

Adv. Eli Shimony

Israeli Attorney

LL.B. + M.B.A.Israeli Bar Association MemberCertified Compliance Officer (ICA)Certified Mediator & Arbitrator

Adv. Eli Shimony is the founder of IsraelNonResident.com and a practising Israeli attorney specialising in inheritance, real estate, and cross-border legal matters for non-resident clients worldwide.

Legal Disclaimer: This Q&A is for informational purposes only. See our full disclaimer.