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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 -----
From:
Peter McLaren
To:
taxman@centa.com
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 centapede-admin@lists.belcarra.com wrote:
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 -- McLaren+Co. (604) 524-8688 phone |
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