British Columbia Landlord with Oregon 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 for BC Residents: The Oregon Tax Guide

As a British Columbia resident owning rental property in Oregon, you operate within overlapping tax systems. The Canada Revenue Agency (CRA) requires you to report worldwide income, while the US Internal Revenue Service (IRS) and Oregon Department of Revenue each claim tax rights on your US rental income. Understanding these three tax regimes—and how they interact—is essential to avoid penalties, double taxation, and missed filing deadlines.

This guide addresses the specific tax obligations you face as a non-resident alien (NRA) landlord earning US rental income.

Why BC Landlords Face Triple Taxation Risk

Oregon is particularly complex for Canadian owners because:

• Oregon has a state income tax of up to 9.9%, which non-residents must pay on rental income earned within the state.
• The US federal government imposes withholding at 30% on rental income unless you file an election (Section 871(d)) to be taxed on net income instead.
• Canada taxes worldwide income, meaning you must report all Oregon rental income to the CRA, even though you'll pay Oregon and US federal taxes abroad.
• Part XIII withholding (25% of gross rent) applies in Canada if you don't file the proper notification form (NR6) with the CRA.

Without proper planning, you could face combined withholding rates exceeding 50% of gross rent, plus the cost of filing in three jurisdictions.

CRA Obligations: Reporting Income and Claiming Credits

Reporting Rental Income on Your Canadian Return

All rental income from your Oregon property must be reported on your Canadian tax return, regardless of how much US tax was withheld. You report this on Form T776 (Statement of Real Estate Rentals), which covers:

• Gross rental receipts (converted to CAD at the Bank of Canada annual average rate: 1 USD = 1.3978 CAD for 2025)
• Deductible expenses (mortgage interest, property tax, insurance, repairs, property management fees, utilities you pay)
• Net rental income or loss

Key point: You convert USD to CAD using the Bank of Canada's annual average exchange rate for the year the income is earned, not the spot rate on each deposit.

Form T1135: Foreign Property Declaration

If the fair market value of your Oregon rental property exceeds CAD $100,000, you must file Form T1135 (Foreign Property Declaration) with your annual tax return. This form requires you to report:

• Property location (Oregon)
• Acquisition cost in CAD
• Year-end fair market value in CAD
• Income and capital gains from the property

Failure to file T1135 when required triggers a penalty of $25/day (up to $2,500 per year) plus potential denial of foreign tax credits.

Claiming a Foreign Tax Credit

You can claim a non-business foreign tax credit on Schedule 1 (Federal Non-Refundable Tax Credits) for Oregon state income tax and US federal income tax paid. This prevents double taxation on the same income.

The credit is limited to the lesser of:

1. Tax actually paid to the US and Oregon
2. Your Canadian tax rate multiplied by the foreign income converted to CAD

Practical example: If you earn USD $20,000 net rental income and pay USD $1,980 in Oregon state tax (9.9%), you convert both to CAD and claim the credit against your Canadian federal tax liability. However, if your Canadian marginal rate is lower than Oregon's, the credit may not fully cover Oregon tax paid—creating a net tax cost.

IRS Obligations: Filing as a Non-Resident Alien

Obtaining an ITIN

Before filing any US tax return, you must obtain an Individual Taxpayer Identification Number (ITIN) from the IRS. You apply using Form W-7 (Application for IRS Individual Taxpayer Identification Number), which you can mail to the IRS with:

• Proof of identity (certified copy of passport)
• Proof of Canadian residence (utility bill, lease, or mortgage statement)
• Completed Form W-7

ITINs are issued within 4–6 weeks of application. Once received, use it on all US tax forms.

Filing Form 1040-NR: The US Tax Return for Non-Residents

You must file Form 1040-NR (U.S. Income Tax Return for Nonresident Alien Individuals) annually by April 15 (or June 15 with automatic extension filed by April 15).

On Form 1040-NR, you report:

• Schedule E (Supplemental Income and Loss): Gross rents, deductible expenses, and net rental income from the Oregon property
• Schedule NEC (if applicable): Any other US-source income
• Total tax liability after applying the Section 871(d) election (see below)

The Section 871(d) Election: Lower Your Federal Withholding

By default, the IRS withholds 30% of gross rental income at source (through your property manager or tenant). This is punitive because you don't owe 30% of gross rent—you owe tax only on net income after deductions.

Form 8288-B (Statement of Withholding on Dispositions by Foreign Persons) allows you to elect under Section 871(d) to be taxed on net rental income instead. This requires:

1. Filing Form 8288-B with the IRS before the rental income is received (ideally in January of each year)
2. Notifying your US property manager or agent in writing
3. Filing Form 1040-NR to report actual net income and pay tax on it

Result: Instead of 30% withholding on USD $30,000 gross rent (USD $9,000 withheld), you pay 22% federal tax on USD $20,000 net income (USD $4,400), assuming a 22% bracket. This saves significant cash flow.

Important: The election is made property-by-property. If you own multiple US properties, you can elect for some and not others.

Oregon State Tax Obligations

Who Must File in Oregon?

Non-residents who earn Oregon-source income must file Form OR-40-N (Oregon Nonresident Return) if gross income exceeds Oregon's filing threshold (currently $3,700 for most filers). Rental income triggers this requirement.

Oregon Tax Rate and Filing Deadline

Oregon applies its top marginal rate of 9.9% to non-resident rental income. You file Form OR-40-N by April 15 (same as federal return).

Schedule OR-E (Oregon Schedule E) on the return mirrors the federal Schedule E, showing your Oregon-source rental income and deductions.

Property Tax: The Good News

Oregon's property tax burden is relatively modest. The statewide effective property tax rate is approximately 0.97% of assessed value. Oregon also offers a Resident Exemption, but as a non-resident, you don't qualify. However, you can deduct Oregon property taxes on both your US federal return (Schedule E) and your Canadian return (Form T776).

Selling the Property: FIRPTA Withholding

When you sell your Oregon rental property, the Foreign Investment in Real Property Tax Act (FIRPTA) requires the buyer (or the buyer's attorney) to withhold 15% of the net sale proceeds and remit it to the IRS within 10 days of closing.

This applies to all non-US persons selling US real property, regardless of gain or loss. The buyer should provide you with a Form 8288-B (Statement of Withholding on Disposition of US Real Property Interests) after closing.

You report the sale on your final Form 1040-NR using Form 4797 (Sales of Business Property) or Schedule D (Capital Gains and Losses) if the property was held as a rental. The FIRPTA withholding is credited against your actual US tax liability on the sale.

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 and Forms at a Glance

| Task | Form | CRA/IRS Deadline | Notes | |------|------|-----------------|-------| | Apply for ITIN | W-7 | None | Submit as soon as you acquire Oregon property | | File US tax return | 1040-NR + Schedule E | April 15 | Automatic extension to June 15 | | Elect Section 871(d) | 8288-B | Before rental income received | File in January; notify property manager | | File Oregon return | OR-40-N + Schedule OR-E | April 15 | Same deadline as federal | | File Canadian return | T776 + Schedule 1 | June 15 | Form T1135 required if property value >