New Brunswick Landlord with Arizona 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 Tax Guide for New Brunswick Landlords

Owning rental property in Arizona as a New Brunswick resident creates a unique cross-border tax situation. You'll file tax returns in Canada, the United States, and Arizona, each with different rules, rates, and deadlines. Understanding these obligations upfront will help you avoid penalties, optimize deductions, and keep your rental income properly reported.

This guide walks you through Canadian and US tax filings specific to Arizona rental property ownership.

Overview: Why New Brunswick + Arizona Creates Tax Complexity

As a Canadian resident, you're taxed on worldwide income by the Canada Revenue Agency (CRA). Your Arizona rental income is fully taxable in Canada. Simultaneously, the US Internal Revenue Service (IRS) taxes non-resident aliens on US-source rental income. Arizona also levies state income tax on non-resident rental income.

The result: your rental income is potentially subject to three layers of taxation—Canadian federal and provincial, US federal, and Arizona state.

The good news: tax treaties and foreign tax credits prevent double taxation in most cases. However, each jurisdiction has different deadlines, forms, and rules. Missing filings can trigger penalties and withholding obligations that are costly to unwind.

Why Arizona Differs from Other States

Arizona does tax non-resident rental income at the state level. This contrasts with states like Florida, Texas, and Wyoming, which have no state income tax. Your Arizona rental income triggers state filing and payment obligations that landlords in zero-tax states avoid entirely.

Exchange Rate for 2025

When reporting US rental income and expenses to CRA, convert US dollars to Canadian dollars using the Bank of Canada annual average exchange rate. For 2025 estimates, use 1 USD = 1.3978 CAD (subject to change; confirm the final rate in early 2026 when you file).

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CRA Obligations: Reporting Your Arizona Rental Income

Form T776: Statement of Real Estate Rentals

You must file Form T776 with your personal tax return (T1 General) to report rental income and expenses from your Arizona property.

What to include:

• Gross rental income (converted to CAD using Bank of Canada annual average rate)
• Expenses: mortgage interest, property tax, insurance, utilities, maintenance, property management fees, advertising, and capital cost allowance (CCA)
• Calculate net rental income or loss

Important: CRA considers you a resident of Canada if you maintain a permanent home in New Brunswick, even if you spend significant time in Arizona. Your Arizona property is a foreign investment property, not a principal residence.

Form T1135: Foreign Income Verification Statement

If the cost amount of your Arizona property exceeds CAD $100,000, you must file Form T1135 with your tax return.

• Cost amount: your original purchase price in CAD, plus capital improvements, minus proceeds from any sale.
• If the property is worth more than CAD $100,000 but your cost basis is below, you still file T1135 (based on cost, not fair market value).
• Penalty for non-filing: $25 per day, up to $2,500, for each year the form is not filed.
• Due date: same as your personal tax return (June 15 for most individuals, with balance due June 15).

Part XIII Withholding Tax: The Critical NR6 Form

If you do not file a Form NR6 (Non-Resident Information on Rental Income) with CRA, your US property manager or tenant payer will be required to withhold 25% of gross rental income and remit it to CRA as Part XIII tax.

Example: If you collect CAD $10,000 in rent, CRA withholds CAD $2,500, leaving you CAD $7,500.

To avoid automatic withholding, file Form NR6:

• Send it to CRA at least 30 days before your first expected rental payment.
• CRA will issue a certificate of exemption allowing you to receive rent without withholding.
• Your US property manager must be provided a copy for their records.
• Form NR6 is valid for up to 2 years.

Without NR6, withholding is automatic—not optional—and reclaiming overpaid withholding is tedious.

Foreign Tax Credit (FTC)

You'll pay US federal and Arizona state taxes on your rental income. Canada allows you to claim a foreign tax credit for legitimate taxes paid to the US.

• Report US federal and Arizona state taxes paid on Line 405 of your T1 return.
• FTC cannot exceed your Canadian tax liability on the same foreign income.
• Use Form T2209 if your foreign tax credit exceeds certain thresholds.

This credit prevents double taxation, but only if you properly report and document US taxes paid.

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IRS Obligations: Non-Resident Alien Tax Filing

Obtain an Individual Taxpayer Identification Number (ITIN)

You cannot file a US tax return using your Canadian Social Insurance Number (SIN). You must apply for an ITIN (Individual Taxpayer Identification Number) from the IRS.

• Apply using Form W-7 ("Application for IRS Individual Taxpayer Identification Number").
• Mail Form W-7 with supporting identity documents (certified copy of passport is standard) to the IRS ITIN Unit.
• Processing time: 4–6 weeks. Apply early.
• Your ITIN is required on all US tax forms and is necessary before filing Form 1040-NR.
• ITIN has no direct cost, but certified document copies may incur fees from your provincial registry.

Form 1040-NR: Non-Resident Alien Individual Income Tax Return

Non-resident aliens earning US-source rental income must file Form 1040-NR with the IRS.

Key details:

• Gross rental income (in USD)
• Deductible expenses: mortgage interest, property tax, insurance, maintenance, depreciation, property management fees, HOA fees, and utilities.
• Depreciation (CCA equivalent): US tax allows depreciation of the building structure over 27.5 years. This is a major deduction unavailable to Canadian residents under CRA rules.
• Net rental income
• US federal income tax calculation (rates typically 10%–37% depending on income level; net rental income from a single property often falls in lower brackets)

Filing status: You'll use the "non-resident alien" filing status; you cannot use standard US resident statuses.

Schedule E: Supplemental Income or Loss

Attach Schedule E (Part I: Rental Real Estate Income and Expenses) to your 1040-NR to detail rental income and expenses.

• Line-by-line breakdown of income and deductions.
• Calculate net rental income or loss.
• Transfer the net to Form 1040-NR.

Section 871(d) Election: Avoid 30% Gross Withholding

Critical election: Non-resident aliens can elect to treat rental income as "effectively connected income" (ECI) using Section 871(d) of the US tax code.

Without this election:

• The IRS assumes 30% of gross rental income is taxable and can withhold 30% automatically.
• If you collect USD $10,000 in rent, 30% (USD $3,000) is withheld.

With Section 871(d) election:

• You report actual net rental income (income minus deductions) on Form 1040-NR.
• US federal tax is calculated on net income, not gross.
• For many landlords, this results in a lower tax bill.

How to elect:

• File Form 8288 ("U.S. Withholding Tax Return for Certain Canadian Residents of Canada Electing to File a U.S. Tax Return") as part of your 1040-NR package, or
• Include a statement with your 1040-NR explicitly electing ECI treatment under Section 871(d).
• File with your first 1040-NR; the election applies to future years unless revoked.

Example:

• Gross rent collected: USD $12,000
• Mortgage interest: USD $4,000
• Property tax: USD $1,200
• Insurance, maintenance, depreciation: USD $2,800
• Net taxable income: USD $4,000
• With Section 871(d), you owe federal tax on USD $4,000 (not USD $12,000).

This election is invaluable for Arizona landlords with mortgages or high expenses.

Form 1040-NR Due Date

• Due date: April 15, 2026 (for 2025 tax year).
• Extension: File Form 4868 to extend to October 15, 2026.

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.