A non-resident disposing of taxable Canadian property 2025

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Tax forms associated with selling a foreign property Form 8949 Sales and Other Dispositions of Capital Assets Anyone who sells a house, gifted or not, must file Form 8949 (2) and report any capital gains. Schedule D (3)
In addition, when a non-resident of Canada receives an inheritance, the executor will usually hold 25 per cent as a withholding tax before distributing funds to the non-resident. The Canadian beneficiaries must deposit the 25 per cent to the CRA by the 15th month after the inheritance is given.
Current Law. A U.S. citizen resident in Canada is subject to both U.S. federal income tax and Canadian on their worldwide income. In 2023, Canadian tax law stated that the maximum capital gains tax rate was 24% (Alberta residents) or 26.75% (British Columbia). Other provinces have similar rates.
Capital gain distributions (or dividends) and return of capital Distributions of capital gains, capital gains dividends or a return of capital from Canadian mutual funds are generally exempt from Canadian non-resident withholding tax.
The following are some of the most popular: Exemption for Principal Residences. Make a Gift or Inherited Property Your Principal Residence. Incorporate Your Rental Property Business. Put Your Earnings in a Tax Shelter. Make Use of the Capital Gains Reserve. Capital Losses Offset. Carry Forward Your Losses.
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As a non-resident of Canada, you are subject to Canadian income tax on most Canadian-source income paid or credited to you during the year unless all or part of it is exempt under a tax treaty.
Non-residents are required to file a non-resident Form T1, Individual Income Tax Return by April 30 of the year following the year of property disposition. The tax return calculates tax at marginal tax rates on the taxable capital gain.
Sale of Canadian Real Estate: Capital gains realized by a U.S. person on the sale of any Canadian real property interest, regardless if it has been rented, will attract Canadian and US tax. One-half of capital gains are subject to Canadian tax for all investors.

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