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Non-Resident Tax Guide for Canada in 2026

Updated

If you’re a non-resident of Canada, you only pay Canadian tax on Canadian-source income — but the default withholding rate of 25% on passive income like dividends, pensions, and RRSP withdrawals can be steep. Tax treaties with countries like the US and UK often reduce this to 0-15%, saving thousands annually. For rental income, the Section 216 election is almost always worth filing — it lets you deduct expenses and pay marginal rates on net income instead of 25% on gross. Understanding your residency status, withholding obligations, and treaty benefits is the foundation of every cross-border tax plan.

Canadian Tax Residency Status

Status Definition Tax Obligation
Factual resident Maintain significant residential ties in Canada Taxed on worldwide income
Deemed resident In Canada 183+ days/year (no residential ties) Taxed on worldwide income
Non-resident Severed ties, live permanently outside Canada Taxed only on Canadian-source income
Deemed non-resident Treaty tie-breaker rules override CRA determination Taxed as non-resident

Residential Ties (Strongest Factors)

Factor Strong Tie Weaker Tie
Home in Canada Owning/renting a home available for use Storage unit or rental property
Spouse/dependents in Canada Spouse living in Canada Children visiting
Personal property Car, furniture, belongings Minor items
Social ties Provincial health insurance, club memberships Occasional visits
Driver’s licence Active provincial licence Expired licence
Bank accounts Active chequing, credit cards Dormant accounts

Non-Resident Withholding Tax (Part XIII)

Income Type Default Rate US Treaty Rate UK Treaty Rate Notes
Dividends 25% 15% 15% Applied at source
Interest 25% 0% 0% Most interest exempt under treaties
Rental income (gross) 25% 25% (or elect net) 25% (or elect net) Can elect to file Section 216 return
Pension income (CPP, OAS, company) 25% 15% (periodic), 25% (lump sum) 0–25% Treaty-dependent
RRSP/RRIF withdrawal 25% 15% (periodic) 0–25% Lump sum vs periodic matters
Royalties 25% 0–10% 0–10% Depends on type
Management fees 25% Exempt (usually) Exempt (usually) If treaty applies
Estate/trust income 25% 15% 15% Depends on income type

Tax on Canadian Rental Property (Non-Residents)

Option How It Works Tax Rate Requirement
Default (NR4) 25% withholding on gross rent 25% of gross Tenant or agent remits to CRA
Section 216 election File Canadian return, pay tax on net income (after expenses) Marginal rates (15%+) Must file by June 30 or within 2 years
NR6 undertaking Reduced withholding based on estimated net income 25% of estimated net File NR6 before first rental payment of year

Section 216 Example

Item Amount
Gross rental income $30,000
Property tax −$4,000
Insurance −$2,000
Maintenance −$3,000
Property management −$3,000
Mortgage interest −$8,000
Net rental income $10,000
Tax (lowest marginal rate) ~$1,500
Savings vs 25% gross $5,000 saved

Tax on Sale of Canadian Property (Non-Residents)

Step Details Timeline
Notify CRA Must send clearance certificate request (T2062) Within 10 days of sale
Withholding by buyer Buyer must withhold 25% of sale price (or gain) At closing
Clearance certificate CRA issues certificate allowing release of funds 4–16 weeks
File Section 116 return Report capital gain on Canadian return By April 30 of following year
Penalties for non-compliance Buyer liable for 25% if no certificate obtained Significant

Departure Tax (Leaving Canada)

Rule Details
Deemed disposition All assets deemed sold at FMV on date of departure
Taxable properties Stocks, real estate (except Canadian), personal property over $10,000
Exempt properties Canadian real property (taxed when actually sold), pension plans, stock options (deferred)
Filing Final Canadian tax return due April 30 of departure year
Security Can post security to defer payment
RRSP/TFSA Can keep open as non-resident; different rules apply

Common Non-Resident Situations

Situation Tax Treatment Key Filing
Canadian working abroad Likely non-resident if ties severed File departure return
US citizen living in Canada Canadian resident (taxed on worldwide) + US filing Both returns; treaty credits
Snowbird (6 months in US) Usually still Canadian resident T1 return; US filing may be needed
Non-resident with rental property 25% withholding or Section 216 election NR4, Section 216 return
Non-resident selling Canadian property 25% withholding + clearance certificate T2062, Section 116
Non-resident receiving RRSP 25% withholding (or treaty rate) NR4 slip from institution
Emigrant with stock options May defer; exercise triggers tax T1 departure return

Filing Requirements for Non-Residents

Form/Return Who Files Deadline
T1 (income tax return) Non-residents with Canadian employment income, business income, or electing Section 217/216 April 30
Section 216 return Non-residents with rental income (electing net income) June 30 (or 2-year window)
Section 217 election Non-residents receiving pension/RRSP income (may reduce withholding) April 30
NR4 (information slip) Canadian payers reporting amounts to non-residents March 31
NR6 (undertaking) Non-residents requesting reduced withholding on rental Before first payment of year
T2062 (clearance certificate) Non-residents selling taxable Canadian property Within 10 days of sale
NR73 (Determination of Residency) Individuals leaving Canada (optional CRA ruling) Anytime
NR74 (Determination of Residency) Individuals entering Canada (optional CRA ruling) Anytime

The Bottom Line

Non-residents pay Canadian tax only on Canadian-source income, with a default 25% withholding on passive income reduced by treaty. For rental property, always elect Section 216 to deduct expenses and pay on net income. If selling Canadian property, file Form T2062 within 10 days or the buyer must withhold 25% of the gross price. For pension and RRSP income, check your country’s tax treaty — US residents often pay just 15% on periodic payments. If you’re unsure about your residency status, request a formal CRA determination using Form NR73.