International Taxes

TaxServices Canada – Tax Memo Jan 2015 – Non-resident real property income tax in Canada

Tax forms for Canadian non-residents

1.  Form NR73, Determination of Residency Status (Leaving Canada)

2.  Form T1243, DEEMED DISPOSITION OF PROPERTY BY AN
EMIGRANT OF CANADA

3.  Form T1161, List of Properties by an Emigrant of Canada

4.  Form T1244, ELECTION, UNDER  SUBSECTION 220(4.5) OF THE INCOME TAX ACT, TO DEFER THE PAYMENT OF TAX ON INCOME RELATING TO THE DEEMED DISPOSITION OF PROPERTY.

5.  Form NR7-R, Application for Refund of Part XIII Tax Withheld.

6.  Form NR6, Undertaking to File an Income Tax Return by a Non-Resident Receiving Rent from Real Property or Receiving a Timber Royalty

7. Form NR4 – Statement of Amounts paid or credited to a Non-Resident of Canada

Tax Guides for Canadian non-residents

1.  Guide T4061, NR4 – Non-Resident Tax Withholding, Remitting, and Reporting.

2.  T4058, NON-RESIDENTS AND INCOME TAX

3.  IT-221R3  Determination of a Canadian’s Residency Status

4.  Income Tax Guide for Electing Under Section 216 – 2009  – When you receive rental income from real property in Canada, the payer, such as the tenant or a property manager, has to withhold non resident tax at the rate of 25% on the gross rental income paid or credited to you. The payer has to send us the tax on or before the 15th day of the month following the month the rental income is paid or credited to you.

Generally, the non-resident tax withheld is considered your final tax obligation to Canada on the rental income. However, if you elect under section 216 of the Income Tax Act, as explained in the next section, you may pay less tax. Also, you may receive a refund for some or all of the non resident tax withheld.

Note you may also want to consider having non-resident tax withheld on the net rental income instead of the gross amount. For more information, see “Withholding on net rental income (Form NR6)”.

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