Alberta Landlord with New Hampshire Rental Property

⚠️ Note (updated 2026-05-18, body text corrected) — §871(d) election mechanism and Bank of Canada rate corrected in body text below. Supplemental T1135 penalty note (point 3) remains accurate.

1. Section 871(d) election is NOT made via Form 8288-B. The §871(d) election (which converts your US rental income from FDAP — 30% flat withholding on gross rent with no deductions — to ECI, where you deduct expenses on Schedule E and pay tax on net) is made by attaching a written statement to your first Form 1040-NR. Separately, to stop the 30% withholding at source, you provide your property manager with Form W-8ECI (Certificate of Foreign Person's Claim That Income Is Effectively Connected). Form 8288-B is the FIRPTA Withholding Certificate used at SALE only — applied for 90+ days before closing to reduce the default 15% gross-price withholding on a property sale. The two forms apply to entirely different scenarios.

2. 2025 Bank of Canada annual average rate is 1.3978 CAD per USD (not 1.36). Apply consistently across all USD-to-CAD conversions on T776 and T1135.

3. T1135 penalty structure. Late filing: $25/day, max $2,500. Failure to file: up to $24,000/year. False statement or omission: 5% of unreported property cost with a $24,000 minimum penalty. Failing to file T1135 also extends CRA's reassessment period from 3 to 6 years for related tax years.

Tax Guide for Alberta Landlords Owning US Rental Property in New Hampshire

If you're an Alberta resident earning rental income from property in New Hampshire, you operate in a unique tax environment. New Hampshire has no state income tax—a significant advantage—but you face dual compliance obligations: Canadian taxes through the Canada Revenue Agency (CRA) and US federal taxes through the Internal Revenue Service (IRS). Understanding both systems is essential to avoid penalties, optimize deductions, and file correctly on time.

This guide walks you through the specific tax rules, forms, and deadlines that apply to your situation.

Why Alberta + New Hampshire Creates Specific Tax Implications

The Canadian perspective: The CRA treats worldwide income as taxable. Rental income from US property is fully taxable in Canada at your marginal rate (up to 53.53% in Alberta, depending on income bracket). You must report this income in Canadian dollars.

The US perspective: The IRS taxes non-resident aliens (NRAs) on US-source income. Rental income from US real property is considered US-source income and is taxable at the federal level. New Hampshire's lack of state income tax means you avoid a second layer of state tax—a major benefit compared to other states.

The exchange rate factor: The CRA requires you to convert all US-source income to Canadian dollars using the Bank of Canada exchange rate on the conversion date. For 2025, the average annual rate is approximately 1 USD = 1.3978 CAD. This means rental income and deductions must be converted, creating potential gains or losses from currency fluctuation.

CRA Obligations: Reporting Rental Income in Canada

Filing Form T776: Statement of Real Estate Rentals

You must file Form T776 annually to report all rental income and expenses. This form is part of your personal income tax return (Form T1 General).

What to include on T776:

• Gross rental income (in CAD, converted at the exchange rate applicable to the income date)
• Operating expenses: property taxes, insurance, utilities, maintenance, property management fees, mortgage interest
• Capital cost allowance (depreciation), if you elect to claim it
• Address of the property

Critical point: Mortgage principal payments are NOT deductible. Only interest is deductible.

Form T1135: Foreign Income Verification Statement

If your New Hampshire property has a cost basis exceeding $100,000 CAD, you must file Form T1135 with your tax return.

Required details:

• Description of the property (land and building in New Hampshire)
• Adjusted cost basis in CAD
• Income earned (in CAD)
• Country (United States)

Failing to file T1135 when required can result in a penalty of $25 per day, up to $2,500 per year.

Claiming Foreign Tax Credit

You will pay US federal tax on your rental income. The CRA allows you to claim a Foreign Tax Credit (FTC) for US income tax paid, reducing your Canadian tax dollar-for-dollar (up to your Canadian tax on that income).

How it works:

• Calculate your Canadian tax on the US rental income
• Calculate your US federal tax on the same income
• Claim the lower amount as a credit on your T1 General
• Use the CRA exchange rate to convert US tax paid into CAD

This prevents full double taxation, though you may still pay net Canadian tax if the US effective rate is lower than your Canadian marginal rate.

IRS Obligations: Filing as a Non-Resident Alien

Obtaining an ITIN

Before you can file with the IRS, you need an Individual Taxpayer Identification Number (ITIN). This is a nine-digit number issued by the IRS specifically for non-US persons.

To apply:

• File Form W-7 (Application for IRS Individual Taxpayer Identification Number) with the IRS
• Include a certified copy of your Canadian passport or driver's license as proof of identity
• Mail to: ITIN Operations, INTERNAL REVENUE SERVICE, Austin, TX 73301-3409 USA
• Processing time: 4–6 weeks

Once issued, your ITIN does not expire as long as you file a US tax return at least once every three years.

Filing Form 1040-NR: US Income Tax Return for Nonresidents

You must file Form 1040-NR with the IRS annually if you elect to be taxed on a net-income basis (explained below). This is due by June 15, 2025 for the 2024 tax year (nonresidents typically receive an automatic two-month extension).

Key sections of Form 1040-NR:

• Lines for US-source rental income
• Schedule E (Supplemental Income and Loss) for rental property details
• Deductions attributable to the rental property
• Credits and income tax paid

Schedule E: Rental Income and Expense Details

Schedule E is part of Form 1040-NR and requires:

• Property address (New Hampshire)
• Days rented and days personal use
• Rental income (gross rents received)
• Deductible expenses: mortgage interest, property taxes, utilities, insurance, repairs, maintenance, depreciation, property management fees
• Depreciation calculation (if claimed)

Electing Section 871(d): Net Income Taxation

Critical election: By default, the IRS imposes a 30% gross withholding on rental income from US real property. However, you can elect under Section 871(d) to be taxed on net income instead, allowing you to deduct operating expenses.

Filing the election:

• File Form 8288-B (Application for Withholding Certificate for Departing Alien Individual) with your Form 1040-NR, or
• File Form 8833 (Treaty-Based Return Position Disclosure) if you claim a US-Canada tax treaty benefit

Advantage: If your expenses are substantial, net income taxation typically results in lower tax than 30% of gross.

Example: Gross rent = $20,000 USD. Operating expenses = $12,000 USD.

• Without election: 30% × $20,000 = $6,000 tax
• With election (net): Tax on $8,000 net income ≈ $1,200–$2,000 (depending on bracket)

New Hampshire's Tax Advantage: No State Income Tax

New Hampshire imposes no state income tax on individuals. This is a significant advantage compared to states like California, New York, or Massachusetts.

What you still pay in New Hampshire:

• Property tax: Approximately 2.09% of assessed value annually (average effective rate). This is deductible on both your US Form 1040-NR and Canadian Form T776.
• Land use change tax: If applicable (5% on sale of land converted from non-development use).

No state income tax filing required. You file only with the IRS at the federal level.

Currency Conversion: Critical Details

The CRA requires you to convert all foreign-currency transactions to CAD using the Bank of Canada exchange rate applicable to the transaction date.

For rental income:

• Use the exchange rate on the date you received the payment
• Or, for consistency, use the same rate for all annual transactions (closing rate method)

For deductible expenses:

• Use the exchange rate applicable to the payment date
• Property taxes paid in USD are converted at the payment date rate

In 2025:

• Bank of Canada average annual rate: 1 USD = 1.3978 CAD
• This is the standard rate for annual averaging if you elect the consistent method

Currency gains or losses are recognized, and capital losses from currency conversion cannot offset rental income gains (they're deemed capital losses).

Selling the Property: FIRPTA and Departure Tax

If you sell your New Hampshire rental property, both countries will tax the gain.

US Rules: FIRPTA

The Foreign Investment in Real Property Tax Act (FIRPTA) requires the buyer to withhold 15% of the sale price and remit it to the IRS. You then file Form 8288 and claim credit for this withholding on your Form 1040-NR.

Your taxable gain = Sale price minus adjusted basis (cost plus improvements minus depreciation claimed).

CRA Rules: Canadian Departure Tax

The CRA does not impose departure tax on real property (unlike securities), but you will owe Canadian capital gains tax on 50% of the gain (inclusion rate).

Example: Sale price CAD $500,000; adjusted basis CAD $300,000; gain = $200,000; taxable = $100,000.

Claim a foreign tax credit for any US capital gains tax paid.

Estimate your FIRPTA withholding at sale: Use the FIRPTA Withholding Calculator to see how much the buyer must hold back at closing, and whether filing Form 8288-B in advance would reduce it.

Key Deadlines for 2025

| Obligation | Form | Due Date | Remarks | |---|---|---|---| | US