British Columbia Landlord with Alabama 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.

US Rental Property Ownership: A BC Resident's Complete Tax Guide for Alabama

Owning rental property in the United States as a British Columbia resident triggers tax obligations in three jurisdictions: Canada (federal and provincial), the US (federal and state), and Alabama. While this complexity can feel overwhelming, understanding your filing requirements and timing will help you stay compliant and minimize tax leakage.

This guide explains what you owe, where, and when.

Why BC + Alabama Creates Unique Tax Complications

As a non-resident alien owning US real property, you're subject to:

• Canada Revenue Agency (CRA) taxation on worldwide income, including US rental income
• US Internal Revenue Service (IRS) taxation on US-source rental income
• Alabama Department of Revenue state income tax on Alabama-source rental income
• Potential withholding obligations at multiple levels if you don't file correctly

The key challenge: rental income from US property doesn't automatically trigger withholding in your favour. Without proper planning and form filing, up to 30% of your gross rents can be withheld by the US government—money you may later recover as a credit, but only after filing returns and waiting for refunds.

This guide focuses on how to minimize that withholding and file correctly across all three jurisdictions.

Your Canadian Tax Obligations: CRA

Reporting Rental Income

In Canada, you must report all worldwide income, including US rental income. This is filed on Form T776 (Statement of Real Estate Rental Income), which you file with your personal tax return each year.

Key points:

• Report income in Canadian dollars using the Bank of Canada annual average exchange rate. For 2025, use 1 USD = 1.3978 CAD unless you've elected an alternative method.
• Convert both rental income and rental expenses using the same rate for consistency.
• Include this form even if you had zero net income or a loss.
• File by the tax return deadline: June 15 (due by June 15, but balance owing by April 30).

Form T1135: Foreign Property Reporting

If your Alabama property is worth more than CAD $100,000 (converted to Canadian dollars), you must file Form T1135 (Foreign Income Verification Statement) with your tax return.

• Report the property's fair market value as of December 31 each year.
• Use the same exchange rate (1 USD = 1.3978 CAD for 2025).
• This form is informational; it doesn't change your tax but is required for CRA compliance.

Part XIII Withholding: NR6 Form

Here's where many BC landlords lose money: if you don't file a Form NR6 (Undertaking to File a Canadian Income Tax Return by a Non-Resident) with the US IRS, property managers or tenants paying you rent may withhold 25% of gross rents under Part XIII rules.

This withholding is mandatory in the US if no NR6 is on file with the IRS. However, once filed, this withholding can often be avoided.

Action required:

• Contact your US property manager or tenant and confirm whether an NR6 has been filed.
• File an NR6 with the IRS (via Form W-8IMY or similar documentation) to prevent the 25% withholding.
• Without it, expect 25% of gross rents withheld; you'll later claim this as a foreign tax credit.

Foreign Tax Credit

You'll owe both Canadian and US income tax on your rental income. To avoid double taxation, the CRA allows a Foreign Tax Credit (FTC).

On your Canadian tax return (Line 40500), claim the US federal income tax you've paid on the property. This dollar-for-dollar credit reduces your Canadian tax liability by the same amount of US tax paid.

Example: If you owe USD $2,000 in US federal income tax and CAD $3,500 in Canadian tax, the US tax credit can offset part of your Canadian liability.

Your US Federal Tax Obligations: IRS

Obtaining an ITIN

As a non-resident alien without a Social Security number, you must obtain an ITIN (Individual Taxpayer Identification Number) from the IRS. An ITIN allows you to file US tax returns and claim deductions.

How to get an ITIN:

1. Complete Form W-7 (Application for IRS Individual Taxpayer Identification Number).
2. Attach a certified copy of your Canadian passport or driver's license.
3. Mail to the IRS (address varies by country; check IRS.gov for Canada-specific instructions).
4. Wait 4–6 weeks for processing.
5. Once received, use this number for all US federal filings.

Form 1040-NR: Your US Tax Return

File Form 1040-NR (U.S. Nonresident Alien Income Tax Return) each year by June 15 (extension available to September 15).

What to include:

• Your ITIN at the top.
• Schedule E (Supplemental Income or Loss): Report all rental income, expenses, and depreciation.
• Rental income (in US dollars).
• Deductible expenses: property tax, mortgage interest, insurance, repairs, utilities, property management fees, advertising.
• Depreciation of the building (not land) over 27.5 years.

Key deductions for Alabama:

• Alabama property tax (approximately 0.41% of assessed value; varies by county).
• Mortgage interest (if applicable).
• Property management fees (typically 8–12% of collected rent).
• Repairs and maintenance.
• Utilities (if you pay them).
• Insurance (landlord/fire insurance).
• Advertising for tenants.
• Travel to inspect the property (only if combined with US business travel; not deductible if the sole purpose is the property).

Section 871(d) Election: Avoiding 30% Withholding

Here's the critical move: file a Section 871(d) election to avoid the 30% default withholding rate on US rental income.

By making this election on your 1040-NR, you treat US rental real property income as if it were effectively connected income (ECI). This allows you to file a return and pay tax at graduated rates (10%, 12%, 22%, etc.) instead of the flat 30% withholding.

How to make the election:

• Check the box for "Section 871(d) election" on Form 1040-NR (Part IV, line 1).
• Attach a statement titled "Section 871(d) Election" explaining you've elected to treat US real property rental income as effectively connected income.
• This election must be made on your first return reporting the rental income.

Impact: Instead of 30% withholding on gross rents, you file a return and pay tax only on net income (after deductions). This typically saves significant tax.

Filing Deadline

• Due date: June 15 (for calendar-year filers).
• Extension available: File Form 4868 to extend to September 15.
• File electronically via IRS-approved software or mail to the IRS address for non-residents.

Alabama State Tax Obligations

Alabama taxes non-residents on Alabama-source income, including rental real property income.

Alabama State Income Tax Rate

The Alabama state tax rate is 5% on net rental income. This is a flat rate applied after deductions.

Alabama Form: No Separate Return Required

Alabama does not require a separate state return if you've already filed a US federal Form 1040-NR claiming the Alabama income. However, check with an Alabama tax professional in your first year, as rules can vary for non-residents in certain situations.

Alabama allows:

• Same deductions as federal (depreciation, property tax, mortgage interest, repairs, etc.).
• Property tax deduction: Alabama property taxes (approximately 0.41% of assessed value in most counties).

Alabama Property Tax

In addition to income tax, you'll owe Alabama property tax, assessed at an average effective rate of 0.41% statewide. However, rates vary by county:

• Some Alabama counties levy 0.35%–0.50% of assessed value.
• Payment is typically due annually or semi-annually in the fall.
• Contact your county assessor's office for exact dates.

Example: A USD $200,000 property in a 0.41% county incurs roughly USD $820 annually in property tax.

Selling the Property: FIRPTA Basics

When you eventually sell your Alabama rental property, be prepared for FIRPTA (Foreign Investment in Real Property Tax Act) withholding.

What Is FIRPTA Withholding?

The buyer

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.