Monday, July 16, 2012

Canadian Non-Resident with Rental Property

Lately I've been trying to figure out the process of renting my place out before I move to Paris. Ironically, finding a tenant is the easy part - the hardest part is actually trying to figure out how the income tax is going to work. After refusing to call Canadian Revenue and searching online, and then finally giving in and being transferred a billion times, I've finally figured it out (I think).

To begin, all Canadian-income generated by a non-resident is subjected to 25% tax withholding from your gross income. That means if you are receiving $1000/month, you must pay $250 of that to Federal Canada every month, regardless of your expenses. At the end of the year, I don't even know if you can claim it back - I'm not really sure how that works, because this entry is not about that, it's about paying taxes just from your Net Income.

Now, if you are poor like me, the alternative to that would be to pay 25% of your NET income. That is, your gross income, minus things like maintenance fee, utilities (if you're paying), things you've fixed in the home, interest from your mortgage, property tax, etc. If all of that totals to $300/month, you only need to pay 25% of $700, which is $175/month. A tiny bit better. Nevertheless, in order to do this, you have several things you must do before you start collecting rent, as listed below.
  1. Get an Agent: What's an agent you ask? Basically anyone who is a Canadian resident and has a Non-Resident (NR) Tax account number. Their responsibility is as follows:
    • Submit 25% of your net rental income to Canada Revenue every month
    • Fill out an NR4 Slip and NR4 Summary and the end of the year (Dec) and submit it to Canada Revenue

  2. Agent Open a Non-Resident Account: This must be done by your agent as it will be under his/her account. S/he will need to call 1-855-284-5946 with the following information:
    • His/Her name and address
    • His/Her SIN
    • Non-resident's name and the property rental information 
    Once the account has been opened, the agent will receive an NR75, which is a form that specifies all the information with regard to the account. If all the information is correct, the agent does not have to do anything. Along with the NR75 are remittance vouchers - these can be used to pay for the monthly taxes at a financial institution. If you are paying on behalf of the agent online, you will not need those vouchers.

  3. File an NR6: The NR6 is known as the "Undertaking to File an Income Tax Return by a Non-Resident Receiving Rent from Real Property or Receiving a Timber Royalty." This must be done at the beginning of every year (before your first rental income received of the year). This is an optional form that would only be filed if you want to do 25% of your net income instead of gross. On this form you must specify:
    • Your information
    • You rental property information
    • Your Agent information, including the NR account number.
    • A statement that details your gross rental income, and the deductions that lead to the Net income.
    Once you filed the NR6, you must wait for it to get approved.
After steps 1-3 are done, the next thing you must do is ensure that you pay the withholding to the government on-time.

  1. Pay the Government Monthly: You must pay 25% of your net income (the amount as approved by the NR6) to Revenue Canada on a monthly basis (this is the actual withholding), within 15 days after receiving your rental income. If you overpay, you'd be able to claim it back when you file your yearly income tax (which you MUST DO or else they will make you pay the tax from the gross income). There are several ways to pay - but the easiest way is of course electronically. I am going to be using My Payment, which will require that you have either a TD, Scotia, RBC, or BMO bank account. All you will need is:
    • The NR Account Number
    • Your Bank Account Number
    • The amount and the period for which you are paying
At the end of the year what you must do is the following:
  1. Agent Submit NR4 and NR4 Summary: This process is essentially done by your agent before March 31st. The steps are as follows:
    • The agent fills out one NR4 and makes 4 copies of it
      • one copy s/he keeps
      • two copies s/he provides to the non-resident
      • one copy he/she must send to the Canada Revenue Agency along with the NR4 Summary
    • The NR4 Summary is almost exactly like the NR4 except that it tells Canada Revenue how many NR4 slips were sent throughout the year.

  2. File T-1159: You, or the Non-Resident who owns the property, must file a T-1159 "Income Tax Return for Electing under Section 216" before June 30th of the following year. This is the most important(!!!!!!) part of the process. If you do not file this before June 30th, everything you have done is nullified and the government will charge you tax on your GROSS INCOME TAX and ask you for more money. If you file this on time, you might even get some money back because more tax has been withheld (for example, you had to fix your dishwasher, which can be deducted from your income, or your maintenance fee has increased, etc.) than necessary. If you never filed the NR6 then you have two years to file this form. You will need to also submit:
    • A rental statement
    • The NR4(s)

    You can send the package to:
    International Tax Services Office
    Post Office Box 9769, Station T
    Ottawa ON K1G 3Y4
    CANADA 
That's all you have to do. For references, you can check the following:

19 comments:

AL said...

I might need this sooner or later. Thanks! :D

Unknown said...

How do I know what counts as an expense for maintaining a rental property? I've been searching CRA and can't find an answer.

Lynn said...

Hi Tanya - there's isn't any literature for this. I believe it's at the discretion of you and the auditor. I put things that seemed logical to me, like mortgage interest (not the mortgage itself), maintenance fee, home insurance, and property tax - i think that's about it. I've been approved every year so far. I know you can also put home depreciation rate, but there are caveats to it. Basically, you get two years to take back your rental property as your primary residence but if you claim depreciation, then you wont be able to (something along that line). If you want to maximize your deductions, you should probably find a professional accountant that deals with this who has had experience.

Lynn said...

Here's a good one: http://www.cra-arc.gc.ca/tx/bsnss/tpcs/rntl/crcp-eng.html

Basically anything that's current (maintains your property) and not capital (improves your property) can be deducted.

Anonymous said...

Hi there. Awesome blog! There is so little on the web about this whole NR process -- intact yours is the only blog which talks about it in terms I could understand. So kudos to you.

I do have a question though. Let's say, a person becomes a non-resident, and their first rental cheque is due on the 5th of every month in February. So isn't the with holding tax due in March by the 15? From the CRA site, it says:

"The payer has to send the tax to the CRA on or before the 15th day of the month following the month the rental income is paid or credited to you."

Can you clarify that, please?

Also, how soon after you filed your NR6 did you get receive their reply?

Thanks so much.

Anonymous said...

Hello,

Thank you for all of this helpful information. I have a question regarding NR6 payments: If we are not generating any income from our property, are we still required to pay the monthly withholding tax? i.e. our renters are currently only covering the costs of property taxes and mortgage payments.

Thanks very much for your time.

Regards,

Meagan

Lynn said...

Hi Meagan,

I am not an accountant or an authority of any sorts, but based on my understanding, you are required to pay the monthly withholding. The fact that they are paying your mortgage then you are earning money and that counts towards income.

Cheers,

Lynn said...

Hi Anonymous, my apologies on missing your inquiry from May. I think you are right that you need to pay before the 15th regardless what date you receive the cheque.

And the NR6 filings take a couple of months. Usually I pay in full for Jan and Feb, before I start paying in the amount after deduction.

Anonymous said...

Hi Lynn,

This is the first time I'm going to be doing my NR4 and NR4SUM (and Section 216). So I'm preparing ahead so I don't run in panic mode at the last minute. As you know, the first deadline is March 31st for NR4/NR4SUM. And Jun 30th for Section 216.

My specific question for NR4 is this... I had NR6 approved for the last 6 months (which fits in nicely when we became non-residents). So on the NR4 slip, in box 16, do I add gross income or net income? I understand that since this is rental income, exception code is H. and box 14 should be code 13.

Please confirm, I'd be eternally grateful at:

fyjunk@mm.st

Thanks, for being the only resource on the Internet for this.

Unknown said...

This is awesome information and I hope it all rings true still - now that its 2015. Most comprehensive blog I've seen on this. An auxiliary question - have you or anyone got any companies you can suggest who provide Insurance to Non-Resident Canadians? My son is hoping to invest in Canada and he is a Canadian citizen but living overseas (thus non-resident). Having difficulty here.
many thanks!!

Lynn said...

Hi Lori, i am with state farm on my rental property insurance. Other than that I don't have much for you. I'm still using the same system as I posted here and it doesn't seem like much has changed.

leinoroy said...

Great blog This is awesome information and I hope it all rings true still - now that its 2015. Most comprehensive blog I've seen on this. An auxiliary question - have you or anyone got any companies you can suggest who provide Insurance to Non-Resident Canadians.Thanks for sharing..........

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Lynn said...

Hi Leinoroy, I am still using this entry to remind myself what i need to do yearly. I still submit NR4s for previous year and NR6 for new at the end of Dec, and file my taxes before June.

You did not specify what type of insurance you are looking for, but assuming you are asking about property insurance, i am using State Farm.

Sam said...

Hello,

Great Blog, it has been very helpful. I am a non-resident of Canada and am trying to complete the first NR4 slip and summary (along with my agent, who is a family member). I have come upon a stumbling block on the NR4 Summary where it says an Authorized Officer must certify the summary is correct and complete. Who do you have sign this section? Can it be the agent or does a tax agent or someone similar need to sign? Thanks in advance! Sam

Lynn said...

Hi Sam, yes, your agent can sign it. It says Authorised person on mine, not officer.

Anonymous said...

Great summary. This year, my Form NR6 needed to be signed by a Canadian resident. I have no property manager and my Canadian friends to not want to sign the form. I contacted an accountant and he won't either. So who the heck can I get to sign it and add their SSN?

James Ethan said...

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Lynn said...

Anyone who is willing to be an agent mentioned in the post

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