Canadian Tax Consultant Chartered Accountant International Tax Consultant Canadian Tax Professional Canadian Tax Accountant Michael Atlas - Canadian Tax Consultant US Tax Consultant
Michael Atlas - Canadian Tax Consultant
ABOUT MICHAEL ATLAS - A comprehensive summary of Michael Atlas' professional background and experience, as well as a listing of his extensive writings in the tax field AREAS OF PRACTICE - A description of the areas of tax practice in which he has extensive interest and expertise PROFESSIONAL FEES - Information on Michael Atlas' general approach to fees CANADIAN TAX GUIDE FOR NON-RESIDENTS - A useful summary of the application of Canadian tax rules for non-residents earning income from Canadian sources-includes analysis by type of income and application of major tax treaties CONTACTING MICHAEL ATLAS - Everything you need to know about contacting Michael Atlas
ABOUT MICHAEL ATLAS - A comprehensive summary of Michael Atlas' professional background and experience, as well as a listing of his extensive writings in the tax field
AREAS OF PRACTICE - A description of the areas of tax practice in which he has extensive interest and expertise
PROFESSIONAL FEES - Information on Michael Atlas' general approach to fees
CANADIAN TAX GUIDE FOR NON-RESIDENTS - A useful summary of the application of Canadian tax rules for non-residents earning income from Canadian sources-includes analysis by type of income and application of major tax treaties
CONTACTING MICHAEL ATLAS - Everything you need to know about contacting Michael Atlas

REAL ESTATE RENTS

RULES UNDER THE INCOME TAX ACT

General Rules

The taxation of real estate rental income earned by a non-resident will vary depending on whether or not the rental activities are considered to be a business. Normally, this will not be the case, and the discussion that follows assumes that the rental activities will not be. In the event that they are, see discussion of taxation of Business Profits.

A non-resident in receipt of rental income derived from real property situated in Canada will have the option of paying Canadian tax under two methods:

This choice must be made from year to year, and there is no prohibition on switching the method used from one year to another.

Gross Rents Method

Under this method, the tax paid (under Part XIII) is equal to 25% of the gross rents. For this purpose, based upon a famous Supreme Court of Canada decision in 1968, it would appear that gross rents must include property taxes paid directly by the tenant to the municipality.

No Canadian tax return need be filed under this method, and tax should be withheld and remitted by the tenant or agent.

It should be understood that, in the absence of a timely filing of a Canadian tax return (as discussed below) the non-resident will be required to pay tax using the gross rents method. This will be the case even if there is no net income after expenses are deducted.

Net Income Method (Section 216)

In lieu of paying Canadian tax on gross rents under Part XIII, a non-resident may elect, instead, to pay tax under Part I, on the net income, at graduated tax rates.

As a general rule, a Canadian tax return must be filed within 2 years from the end of the relevant year to use this method.

However, if a form NR6 (undertaking to file a Canadian tax return) is filed in order to reduce tax withheld at source, the return must be filed within 6 months from the end of the relevant year to use this method.

Rental losses may not be carried over to other years on a section 216 return.

RULES UNDER CANADA'S TAX TREATIES

All of Canada's tax treaties allow Canada to tax income derived by a non-resident from the rental of Canadian real estate.

Furthermore, in cases where the gross rents method is used, only Canada's tax treaty with Ireland provides for a rate lower than the statutory 25% (15%).