New Brunswick Landlord with Florida 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.

Overview: Why Florida Rental Property Matters for Canadian Residents

As a New Brunswick resident who owns rental property in Florida, you operate at the intersection of two tax systems: Canada Revenue Agency (CRA) and the US Internal Revenue Service (IRS). Unlike other US states, Florida imposes no state income tax, making it one of Canada's most popular rental property destinations. However, this advantage is paired with significant compliance obligations in both countries.

The core challenge: you must file tax returns in both jurisdictions, manage exchange rate conversions, and claim foreign tax credits to avoid double taxation. Florida's zero state income tax simplifies your US burden considerably—you'll only owe federal tax, not state tax—but you cannot ignore either system.

This guide explains exactly what you owe, when, and to whom.

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CRA Obligations: Reporting Your Florida Rental Income in Canada

T776 Form: Canadian Rental Income Reporting

You must report all worldwide rental income to the CRA on Form T776 (Statement of Real Estate Rentals). This applies regardless of whether you are a resident or non-resident of Canada.

What goes on T776:

• Gross rental income (in Canadian dollars)
• Mortgage interest paid
• Property tax
• Insurance
• Maintenance and repairs
• Utilities and condo fees (if applicable)
• Property management fees
• Advertising for tenants
• Legal and accounting fees

Currency conversion: Convert all US dollar amounts to Canadian dollars using the Bank of Canada exchange rate for the date the income was received or expense was paid. For 2025, the annual average rate is approximately 1 USD = 1.3978 CAD, but you should use the daily rate for each transaction when possible.

T1135: Foreign Property Reporting

If your Florida property's adjusted cost basis exceeds CAD $100,000 at any point in the tax year, you must file Form T1135 (Foreign Property Declaration) with your personal tax return.

Report:

• Address of the property
• Fair market value in Canadian dollars (as of December 31)
• Cost basis in Canadian dollars
• Income earned from the property

Failure to file T1135 when required can result in a $25,000 minimum penalty per year.

Foreign Tax Credit: Avoiding Double Taxation

You will pay US federal income tax on your Florida rental income. Canada allows you to claim a Federal Foreign Tax Credit on Schedule 1, and a Provincial Foreign Tax Credit on Form NB-428 (for New Brunswick).

How it works:

1. Calculate Canadian tax owing on your rental income
2. Calculate US federal tax owing on the same income
3. Claim the US federal tax paid as a credit against your Canadian federal tax

The credit is limited to the lesser of:

• US tax actually paid, or
• Canadian tax on the same income

New Brunswick's non-refundable foreign tax credit is claimed on Form NB-428 and is limited to New Brunswick tax on foreign income.

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IRS Obligations: US Federal Tax Filing and Withholding

ITIN: Your US Tax ID

The IRS requires a unique tax identification number for filing US tax returns. As a Canadian, you will need an ITIN (Individual Taxpayer Identification Number), not a Social Security Number.

How to obtain an ITIN:

Apply using Form W-7 (Application for IRS Individual Taxpayer Identification Number) with your tax return. You can file Form W-7 with your first US rental tax return (Form 1040-NR, discussed below). Processing typically takes 4–6 weeks.

Once you receive your ITIN, use it on all future US tax filings. An ITIN is valid for 5 years if you don't file a tax return; it's indefinite if you file regularly.

Form 1040-NR: Non-Resident Alien Return

You must file Form 1040-NR (U.S. Tax Return for Nonresident Alien Individuals) with the IRS, even if you are a resident of Canada.

Key points:

• You are a "non-resident alien" for US tax purposes if you don't meet the substantial presence test (generally, non-residents who aren't green card holders)
• Report rental income from Schedule E (Supplemental Income and Loss)
• File by April 15 (with automatic 2-month extension to June 15 available via Form 4868)
• File with the IRS, not with Florida (since Florida has no state income tax)

Schedule E: Rental Property Details

Attach Schedule E (Supplemental Income and Loss) to your Form 1040-NR.

Report:

• Property address in Florida
• Gross rental income (in USD)
• Deductible expenses (mortgage interest, property tax, insurance, repairs, management fees)
• Net rental income or loss

Important: Expenses must be claimed on Schedule E using US tax rules, which sometimes differ from Canadian rules. For example, property tax and mortgage interest are deductible; capital improvements are depreciated (not immediately deducted).

Section 871(d) Election: Reduce Withholding

Without proper filing, US tenants (or property management companies collecting rent) are required to withhold 30% of gross rent on income from real property located in the US.

Section 871(d) election allows you to:

• Elect to be taxed only on net rental income (gross rents minus deductible expenses)
• Reduce withholding from 30% to approximately your effective tax rate

How to file:

• Attach a statement to your Form 1040-NR stating your intent to file under Section 871(d)
• File Form 8288-B (Certificate of Withholding on Dispositions by Foreign Persons) with your property manager or tenant to stop the withholding
• Ensure your property manager withholds correctly going forward

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Part XIII Withholding: CRA's 25% Requirement

Canada Revenue Agency also imposes a Part XIII withholding tax of 25% on gross rental income if you don't file an NR6 form with the CRA.

NR6 (Non-Resident of Canada —Declaration of Eligibility for Reduced Tax Rate on Rental Income):

• File this form with the CRA to authorize your US property manager to remit only the agreed reduced rate (often 15% under the US-Canada tax treaty)
• Once filed, your property manager sends NR6 receipts to CRA
• You receive credit for this withholding when you file your Canadian return

Note: You cannot eliminate withholding entirely, but the US-Canada treaty generally allows a 15% rate instead of 25%.

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The Florida Advantage: No State Income Tax

Florida imposes zero state income tax on residents and non-residents. This is a significant advantage for Canadian landlords compared to high-tax US states like California or New York.

What this means for you:

• You owe federal US tax only; no Florida state income tax or capital gains tax
• No state filing requirement on rental income
• Your total US tax burden is roughly federal rate (~37% marginal on ordinary income) minus deductions, with no additional state layer

This single fact makes Florida one of Canada's most popular US rental property destinations.

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Selling Your Florida Property: FIRPTA Basics

When you sell the property, the IRS triggers FIRPTA (Foreign Investment in Real Property Tax Act), which requires the buyer to withhold 15% of the sale proceeds.

Important steps before sale:

1. File Form 8288-B with the IRS to request a withholding exemption or reduction if your tax liability is less than 15% of proceeds
2. Provide the buyer with a FIRPTA withholding certificate
3. Report the sale on Schedule D (Capital Gains and Losses) of Form 1040-NR

Report the capital gain to CRA on Schedule 3 (Capital Gains or Losses) in your Canadian return. Use the USD-to-CAD exchange rate on the date of sale.

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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

| Task | Form/Description | CRA/IRS | Deadline | Extension Available? | |---|---|---|---|---| | File rental income return | T776 | CRA | June 15, 2025 | N/A — automatic extension to June 15 | | File US non-resident return | Form 1040-NR | IRS | April 15, 2025 | Yes — Form 4868 (2 months to June 15) | | Report foreign property | T1