New Brunswick Landlord with Connecticut 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 Taxation for New Brunswick Landlords: A Connecticut Guide

If you own rental property in Connecticut and live in New Brunswick, you're navigating two tax systems simultaneously. Canada's CRA and the US Internal Revenue Service (IRS) both want to tax your rental income—but each has different rules, deadlines, and withholding obligations. Understanding both is essential to avoiding penalties and optimizing your tax position.

This guide walks you through your obligations in Canada, at the federal US level, and in Connecticut, with specific forms, rates, and deadlines you need to know.

Why Connecticut Rental Income Is Taxed Differently

As a non-resident alien (NRA) in the United States, you're subject to US income tax on Connecticut-sourced rental income. Connecticut also imposes state income tax on non-residents. Meanwhile, Canada taxes your worldwide income, including US rental properties, as a Canadian resident.

The result: without proper planning, you could face triple taxation—CRA withholding, IRS withholding, Connecticut state withholding, plus actual tax liability in each jurisdiction. The good news is that foreign tax credits and specific elections can reduce or eliminate double taxation.

Your Canadian Tax Obligations to the CRA

Report Rental Income on Form T776

Every year, you must report your Connecticut rental income and expenses on Form T776 (Statement of Real Estate Rentals), filed with your Canadian T1 General tax return.

What to report:

• Gross rental income (converted to CAD using the Bank of Canada annual average exchange rate; for 2025, use 1 USD = 1.3978 CAD)
• Mortgage interest
• Property tax (Connecticut property tax, which averages 2.15% of assessed value)
• Repairs and maintenance
• Insurance
• Property management fees
• Utilities (if you pay them)
• Capital cost allowance (CCA) on the building (not land)

Convert all US figures to Canadian dollars using the annual average Bank of Canada rate for that tax year.

Declare the Property on Form T1135

If the fair market value of your Connecticut property exceeds CAD $100,000 at any time during the tax year, you must file Form T1135 (Foreign Property Declaration) with your T1 return.

Report:

• Country and province/state (United States, Connecticut)
• Address of the property
• Fair market value in Canadian dollars (on June 30 of the tax year, and at year-end)
• Income earned during the year

Failure to file Form T1135 when required results in a penalty of $25 per day, up to $2,500 per year.

Claim a Foreign Tax Credit

You cannot avoid US taxation on your Connecticut income simply by living in Canada. However, you can claim a non-business income tax credit (or business income tax credit, depending on your situation) on your Canadian return for US federal and Connecticut state taxes you actually paid.

How it works:

• Calculate your US tax liability and Connecticut tax liability
• Report these amounts on Schedule 1 of your T1 return
• The CRA will credit the lesser of: (a) US taxes paid, or (b) Canadian tax on that foreign income

This prevents double taxation but does not create a refund if US taxes exceed Canadian taxes on the same income.

Your US Federal Tax Obligations to the IRS

Obtain an Individual Taxpayer Identification Number (ITIN)

Non-US citizens cannot use a Social Security Number for tax purposes. You must apply for an ITIN (Individual Taxpayer Identification Number) using Form W-7.

File Form W-7 with the IRS, attaching:

• A valid Canadian passport or provincial ID (certified copy)
• IRS Form 1040-NR (your US tax return)

The ITIN is issued in the format 9XX-XX-XXXX and never changes. Once issued, use it on all future US tax returns.

File Form 1040-NR (Non-Resident Alien Income Tax Return)

Non-residents must file Form 1040-NR if they have effectively connected income (ECI) with a US trade or business—which rental property typically generates.

Filing deadline: June 15 if you file before the main April 15 deadline, or April 15 if you want an automatic 6-month extension (file Form 4868-C).

What to report:

• Schedule E (Rental Real Estate Income and Loss)
• Connecticut rental income (line 1, Schedule E)
• Mortgage interest (line 8)
• Property tax (line 9)
• Repairs and maintenance (line 10)
• Other operating expenses (utilities, insurance, management fees)
• Depreciation (use Form 4562)

Report figures in US dollars; do not convert to Canadian dollars on the IRS form.

Make the Section 871(d) Election

This is critical. By default, the IRS withholds 30% of gross rental income from a non-resident landlord if no election is made. This is a catastrophic outcome: 30% withholding on gross (not net) income.

The solution: Attach §871(d) election statement with a Section 871(d) election.

A Section 871(d) election means:

• You elect to be taxed on net rental income (after expenses), not gross income
• Withholding applies only to net income at your marginal tax rate
• You file Form 1040-NR and claim deductions
• You pay tax on actual profit, not revenue

How to make the election: Attach the §871(d) election statement to your Form before rental income is paid. Coordinate with your property manager or tenant to ensure no withholding occurs until the election is approved.

Without this election, a Connecticut tenant paying you $24,000 USD annually in rent will have $7,200 USD withheld (30%), regardless of your expenses. With the election, withholding applies only to your net income after expenses.

Connecticut State Tax Obligations

Connecticut imposes a 6.99% state income tax on non-residents with Connecticut-sourced income.

File Connecticut Form CT-1040NR

File Connecticut Form CT-1040NR (Connecticut Nonresident Income Tax Return) annually if you earned Connecticut rental income.

Filing deadline: Same as your federal 1040-NR (June 15 or April 15 with extension).

Report:

• Connecticut-sourced rental income
• Connecticut-allowable deductions (similar to federal Schedule E items)
• Tax at 6.99% on the net income

Connecticut does not allow a foreign tax credit for Canadian taxes paid, so you will owe Connecticut tax on top of US federal tax.

Connecticut Property Tax

Connecticut property tax averages 2.15% of assessed value annually. Pay this directly to your town's assessor. This is deductible on both your federal and Connecticut state returns.

Selling the Property: FIRPTA Considerations

If you sell your Connecticut rental property, you must comply with FIRPTA (Foreign Investment in Real Property Tax Act).

When a non-resident sells US real property, the buyer (or closing agent) must withhold 15% of the sale price and remit it to the IRS on Form 8288 (U.S. Withholding Tax Return for Disposition by Foreign Persons of US Real Property Interests).

You can request a FIRPTA withholding certificate from the IRS (Form 8288-B) to reduce or eliminate withholding if your tax liability is lower.

File your final Form 1040-NR in the year of sale, reporting the capital gain. You can claim the adjusted basis (purchase price, plus capital improvements, minus depreciation claimed) and the cost of sale (realtor fees, legal fees, closing costs).

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 New Brunswick Landlords

| Obligation | Form | US/Canadian Deadline | Notes | |---|---|---|---| | ITIN Application | W-7 | Anytime (before 1040-NR filing) | File with 1040-NR if new filer | | US Federal Return (1040-NR) | 1040-NR | June 15 (or April 15 + extension) | File Form 4868-C for 6-month extension | | Section 871(d) Election | 8288-B | Before rental income paid | Coordinate with property manager | | Connecticut State Return | CT-1040NR | June 15 (or April 15 + extension) | Same deadline as federal | | Canadian T1 Return | T776 + T1135 | June 15 (or extended deadline) | Report in CAD at Bank of Canada annual average rate | | Schedule 1 (Foreign Tax