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Peter McLaren, a CGA from New Westminster has brought up the NR-6 - NR-4B - T2062  problems with offshore ownership of Canadian Property.
 
Since we look after some 132 NR6 's and NR4's a year and about 30 T2062's a year, I appreciate his pointing this out.
 
When and if a non-resident of Canada rents out property situated in Canada, it is necessary to appoint an Canadian resident Agent to take responsibility for the non-residents Canadian Income Tax returns.
 
The responsibility is taken by the Canadian Agent and the non-resident property owner filling out form NR-6 which can be found in a PDF file at http://www.ccra-adrc.gc.ca/E/pbg/tf/nr6/README.html
 
The Canadian Agent must remit 25% of the net rental received (according to the pro-forma filed with the NR6) each month.  If no NR6 is filed, 25% of the GROSS RENT must be remitted to the Canadian Government. 
 
In this case, the TENANT remits the 25% if the tenant knows and is paying the rent directly to the non-resident (even if into a Canadian Bank Account) or the rental Agent (who receives the rent from the tenant for the non-resident) remits the 25% of the GROSS rent.
 
For a more detailed explanation, go to www.centa.com and click on US / Canada Taxation for a 26 page printout of US / Canada taxation.
 
When the property is sold the purchaser must withhold 25% of the GROSS SALE Price unless a T2062 is filed with the CCRA (Canada Customs and Revenue Agency) and the CCRA approves a lower amount.
 
The lower amount would be an approval for 25% of the Actual Capital Gain (not counting a real estate commission) which was expected.
 
Therefore, if you sold a property for $400,000 Canadian, the purchaser's lawyer would withhold $100,000 (25% of the Gross sales price) unless you filed a T2062 (available at http://www.ccra-adrc.gc.ca/E/pbg/tf/nr6/README.html). 
 
If the T2062 showed that you had paid $300,000 and the profit was only $100,000, the purchaser would only withhold $25,000 (25% of the $100,000 profit).
 
david ingram - www.centa.com
108-100 Park Royal South
West Vancouver, BC, CANADA, V7T 1A2
(604) 913-9133 - Fax (604) 913-9123
cell (604) 657-8451 (10 AM to 10 PM 7 days)
US / CANADA Income Tax and Working Visa Matters
----- Original Message -----
Sent: Tuesday, November 05, 2002 3:25 PM
Subject: Re: [CEN-TAPEDE] Canadian Property ownership by US citizen

David

You appear  have omitted the matter of NR tax on gross rents collected by a Non-resident, as well as the NR tax deducted from the selling price by their lawyer - unless a clearance is obtained from CCRA.

Regards
Peter McLaren CGA CFE

centapede-admin@lists.belcarra.com wrote:

 

Sent: Tuesday, November 05, 2002 1:35 PM
Subject: Canadian Property ownership by US citizen

 HI
My husband and I are contemplating on buying a waterfront property inCanada as investment , but were not sure what tax consequences that would entail, or if this is even a good idea. We are  U.S citizens, living in California. We will not live in Canada

Questions:
Taxes when we buy
Taxes annually
Taxes when we sell

I d appreciate your helpE???? L????? 

 

David Ingram replies: 1.    Taxes when you Buy in BC  


When buying real estate in British Columbia, the government imposes a Property Purchase Tax based on the greater of the purchase price or the fair market value of the property. The tax is calculated at 1% of the first $200,000 and 2% of the balance of the value/purchase price. 

Property Purchase Tax Exemption

You may qualify for a tax exemption if you, and the property you are purchasing, meet the following guidelines: 

bulletYour down payment can not exceed 30% of the purchase price 
bulletThe maximum purchase price to qualify for the exemption in Vancouver, Victoria, Squamish, Whistler, and the Fraser Valley is $275,000. In all other areas of the province, the maximum qualifying purchase price is $225,000. 
bulletYou may never have previously owned an interest in your principal residence (anywhere in the world). 
bulletIf you pay more than $11,000 towards the principal of your mortgage within the first year, or if your outstanding mortgage amount is less than 70% at the end of the first year, you will lose your property purchase tax exemption ($9,000 in some parts of the province). 
bulletYou must be a Canadian Citizen or Landed Immigrant and have been a resident of British Columbia for at least 12 consecutive months immediately prior to the purchase. 
bulletThe purchaser must occupy the property as their principal residence within 92 days of completion. 
bulletUnder certain circumstances, the purchase of raw land or a building lot may qualify. 
bulletOther conditions apply. 

There are no other property purchase taxes in the rest of Canada although Prince Edward island does have some limitations to foreign ownership. 2.    Taxes while you own it. Every municipality or corporation has an annual tax on the real estate.  If it qualifies as a working farm, it is much lower.  In addition, if you rent the property out, you must both file an annual tax return to Canada and pay tax if there is a profit after expenses which would include mortgage interest, property tax, repairs, depreciation (we call it cca), etc.  Yoou can get most of the details on a 1040 Schedule E. 3.    Taxes when you sell. Canada has a Capital Gains tax which is paid on 50% of the profit. Depending upon which province the property is in, the tax rate would be 22% on the first $30,000 Canadian ($20,000 US), 37% on the next $30,000 Canadian, and 46% on the balance. If you owned the property jointly, you would split the income which means that a profit of $200,000 would be cut in half to $100,000 each.  You would then be taxable on $50,000 each and you would each pay: $ 4,400 on the first $30,000 plus$ 7,400 on the next $20,000 for a total of about$11,800 of tax on your $100,000 profit. You would then report the sale on Schedule D of your US 1040 and claim credit for the taxes on a form 1116. YOU DO NEED HELP WITH THIS FROM SOMEONE LIKE US. DAVID INGRAM    david ingram - www.centa.com
108-100 Park Royal South
West Vancouver, BC, CANADA, V7T 1A2
(604) 913-9133 - Fax (604) 913-9123
cell (604) 657-8451 (10 AM to 10 PM 7 days)
US / CANADA Income Tax and Working Visa Matters

 

--
Peter McLaren, CGA CFE

McLaren+Co.
Certified General Accountant
350 - 522 Seventh Street
New Westminster, B.C.  V3M 5T5

(604) 524-8688 phone
(604) 526-0455 fax
 








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