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Non-Resident Property Tax Canada: Rental Withholding, Section 216 and Selling

Updated

Owning Canadian property as a non-resident brings its own set of tax rules. Rental income faces a default 25% withholding on gross rent, but a section 216 election lets you deduct expenses and pay tax on net income instead, often saving thousands. If you sell, you must obtain a clearance certificate (Form T2062) or the buyer is required to withhold 25% of the gross sale price. Provinces add their own taxes on foreign buyers, and federal and municipal rules on vacant homes and purchases by non-Canadians sit on top. This guide is part of the international and cross-border tax guides.

Whether these rules apply to you depends on your residency status, not your citizenship; the test is explained in am I a Canadian tax resident.

Buying: The Foreign Buyer Ban

A federal law bars most non-Canadians from buying residential property in Canada for a set period, with exemptions for some temporary residents and other groups. Who is covered, the exemptions and the current end date are on the foreign buyer ban page.

Provincial Foreign Buyer Taxes

BC Foreign Buyer Tax

Tax20%
WhereSpecified areas (Metro Vancouver, etc.)
WhoForeign nationals, foreign corps
OnPurchase price
ExemptionsSome work permit, PR situations

Ontario Non-Resident Speculation Tax

Tax25%
WhereAnywhere in Ontario
WhoForeign nationals, foreign corps
OnPurchase price
ExemptionsSome refund opportunities

Other Provinces

ProvinceForeign Buyer Tax
BC20% (specified areas)
Ontario25%
Other provincesGenerally none

Underused Housing Tax (UHT)

The federal Underused Housing Tax required an annual return from many non-resident owners of Canadian homes. Its current status, and what still applies to past years, is covered on the Underused Housing Tax page.

Rental Income Tax

Withholding Tax (Part XIII)

Default Rule
Tax rate25%
OnGross rent
Withheld byTenant or agent
Remitted toCRA

Rent is one of several kinds of Canadian income covered by Part XIII withholding; the full table of rates by income type and treaty is in the non-resident tax guide.

Example Without Election

Situation
Monthly rent$2,500
Gross annual$30,000
25% withholding$7,500
Your expensesNot considered

Section 216 Election

Better Option
File Canadian returnElect under s.216
ReportNet rental income
DeductExpenses
Tax onNet income

Example With Section 216

Situation
Gross rent$30,000
Expenses$18,000
Net income$12,000
Tax (~25% bracket)$3,000
Savings$4,500

NR6 Form

Process
File NR6By January 1 of the year, or when the first rental payment is due
CRA approvesReduced withholding
Withhold25% of net (not gross)
File s.216 returnAfter year end

Selling Canadian Property

Non-Resident Selling

Process
1. Notify CRAAt least 30 days before the sale if possible; no later than 10 days after
2. Get clearance certificateRequired
3. OtherwiseBuyer withholds 25%+

Certificate of Compliance

Form T2062
FileBefore closing preferred
PurposeCalculate tax owing
If approvedBuyer doesn’t withhold
Timeline6-8 weeks

Without Certificate

Buyer Must
Withhold25% of gross sale price
Remit to CRAWithin 30 days after the end of the month of purchase
YouFile return to recover overpayment

Capital Gains Tax

Standard Rules
Gain calculationSale price - ACB
Inclusion rate50% (flat, no threshold)
Tax rate25% flat or file return

Section 116 Compliance

Non-Resident Seller
Must notify CRAProposed disposition
Pay or postSecurity for tax
Get certificateOr buyer withholds

Property you still own when you emigrate is not deemed sold on departure, unlike most investments; the leaving Canada tax checklist covers what is.

Municipal and BC Vacancy Taxes

Toronto, Vancouver and Ottawa charge a tax on homes left empty, and each needs an annual declaration from owners wherever they live. The rates, exemptions and deadlines are on the vacant home tax page.

BC also charges a speculation and vacancy tax in designated areas, with a higher rate for foreign owners and an annual declaration for every owner. Its rates and exemptions are covered in the BC speculation and vacancy tax guide.

The Bottom Line

Non-resident property ownership in Canada carries tax obligations that need proactive management. For rental income, electing section 216 and filing an NR6 replaces withholding on gross rent with withholding on net rent, and tax on net income. When selling, the clearance certificate takes weeks to process, and without one the buyer is legally required to withhold 25%. A Canadian tax professional who works on non-resident taxation can help with both.

Tax Treaties

Treaties can lower some withholding rates, settle dual-residency cases with tie-breaker rules and give credits for tax paid in the other country. Canada has comprehensive treaties with the US and UK and treaties with Australia, India, China and many other countries; the withholding rates they set are listed in the non-resident tax guide.

Financing as Non-Resident

Non-resident buyers usually face larger down payments, higher rates and fewer lenders. The requirements and lenders are covered in the non-resident mortgage guide.

Record Keeping

Required Documentation

KeepDuration
Purchase documents6 years after sale
Expense receipts6 years
Rental records6 years
Tax filings6 years
Improvement records6 years after sale

Professional Help

Advisors Needed

ProfessionalPurpose
Cross-border accountantTax compliance
Real estate lawyerPurchase/sale
Property managerIf renting
Financial advisorPlanning

Compliance Calendar

Annual Requirements

DateRequirement
VariesS.216 return (6 months after year end)
OngoingNR6 approval
BCSpeculation tax declaration (March)
MunicipalVacant home declarations