New Brunswick Landlord with Hawaii 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 This Combination Matters

As a New Brunswick resident owning rental property in Hawaii, you face a unique three-jurisdiction tax situation: Canadian federal and provincial tax, US federal and state tax, and Hawaii's distinctive general excise tax (GET). Unlike most US states, Hawaii taxes rental income at the state level and layers an additional GET on top—making your compliance obligations more complex than a landlord in, say, Florida or Texas.

You are required to file tax returns in all three jurisdictions and must carefully manage withholding amounts to avoid overpayment or underpayment penalties. Additionally, the foreign exchange rate—currently 1 USD = 1.3978 CAD (Bank of Canada 2025 annual average)—directly affects how you report US income and claim foreign tax credits in Canada.

This guide covers the essential tax filings, withholding strategies, and deadlines you must meet to stay compliant.

CRA Obligations: Reporting Hawaii Rental Income in Canada

Filing Requirements

As a Canadian resident, you must report 100% of worldwide rental income to the Canada Revenue Agency (CRA), regardless of where the property is located. Hawaii rental income is reported in Canadian dollars on your personal income tax return.

Form T776: Statement of Real Estate Rentals is your primary filing document. On this form, you report:

• Gross rental income (converted to CAD at 1 USD = 1.3978 CAD)
• Operating expenses (property tax, maintenance, insurance, property management fees, utilities, mortgage interest)
• Capital cost allowance (CCA) if claiming depreciation
• Net rental income or loss

Expenses must be reasonable, directly tied to generating rental income, and supported by receipts.

Part XIII Withholding (Critical)

If you do not file a NR6 Declaration (Declaration by a Non-Resident of Canada) with the IRS, the CRA will impose a 25% withholding tax on gross rental income. This withholding is applied before you receive net proceeds—a significant cash flow impact.

To avoid this automatic withholding, you must:

1. File IRS Form W-8BEN (Certificate of Eligibility) with your Hawaii property manager or rental agent
2. Provide an NR6 to the CRA (or have your US tax return serve as evidence of filing)

Once you establish that you are filing US tax returns and claiming operating expenses, the 25% withholding is waived, and you only owe tax on net income.

Foreign Tax Credit (FTC)

Canada offers a foreign tax credit for income taxes paid to the US (both federal and Hawaii state). This prevents double taxation.

How it works:

• You calculate the Canadian tax owing on your Hawaii income
• You claim a credit for US federal and state taxes paid
• The credit is limited to the lower of:
  • Actual US tax paid, or
  • Canadian tax on the same income

Claim the FTC on Schedule 1 (Line 40500) of your personal tax return.

Example: If your net Hawaii rental income converts to $50,000 CAD, and you pay $8,000 in combined US federal and Hawaii state tax, you claim that $8,000 as a credit against Canadian tax owing on that income.

T1135: Foreign Property Disposition

If your Hawaii property is worth more than $100,000 CAD, you must file Form T1135: Foreign Income Verification Statement annually with your tax return. Failure to file results in a $2,500 penalty.

Report:

• Fair market value of the property in CAD
• Cost base in CAD
• Address and legal description
• Rental income reported in Canada

IRS Obligations: US Federal Taxation

ITIN and Tax Identification

You are a non-resident alien for US tax purposes (you do not have US citizenship or a green card). You must obtain an ITIN (Individual Taxpayer Identification Number) from the IRS to file US returns.

File IRS Form W-7: Application for IRS Individual Taxpayer Identification Number with your first US return. The IRS will issue your ITIN, which you use for all subsequent US filings.

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

Non-residents must file Form 1040-NR, not the standard Form 1040. This return is due June 15, 2025 (four months later than US residents who file by April 15).

On Form 1040-NR, you will report:

• Schedule E (Form 1040-NR): Rental income and expenses
• Schedule SE: Self-employment tax (if applicable; rental income is generally not subject to SE tax)
• Federal tax withholding and estimated payments

Schedule E: Rental Income and Expenses

Schedule E allows you to net your expenses against rental income before taxation. Key deductible expenses include:

• Mortgage interest (but not principal repayment)
• Property taxes
• Insurance
• Utilities
• Property management fees (typically 8–12% in Hawaii)
• Repairs and maintenance
• Depreciation (Form 4562)

Critical: Do not confuse the 30% default withholding with actual tax owed. By filing Form 1040-NR with Schedule E, you claim deductions and calculate true tax liability.

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

Without an election, the IRS assumes 30% withholding on gross rental receipts. This is excessive because it ignores operating expenses.

File IRS Form 8288-B: Statement of Withholding on Dispositions by Foreign Persons of US Real Property Interests (or a similar statement) to elect Section 871(d) treatment. This election allows net income taxation instead of gross withholding.

Once you elect and file Form 1040-NR, you:

• Pay tax on net income (gross rent minus expenses)
• Claim actual expenses
• Avoid the punitive 30% gross withholding

Timeline: File the election with your first 1040-NR return and maintain it for all subsequent years.

Hawaii State Tax Obligations

Hawaii Income Tax (11% Rate)

Hawaii imposes a state income tax of up to 11% on non-resident landlords. Hawaii defines a non-resident as someone who does not maintain a permanent home in the state or reside there for more than 183 days per year.

You file Hawaii Form N-90: Hawaii Income Tax Return for Nonresidents alongside your federal 1040-NR or as a standalone return. Key points:

• Tax rate: Up to 11% marginal rate (Hawaii uses a progressive bracket system)
• Effective rate on rental income: Approximately 8–9% for typical landlords
• Deductions: You can claim the same operating expenses as on the federal return
• Credit: Hawaii offers a credit for Canadian taxes paid (similar to the federal FTC)

Filing deadline: June 15, 2025 (same as federal non-resident deadline)

Hawaii General Excise Tax (GET) — Critical and Often Overlooked

Hawaii imposes a 4% General Excise Tax (GET) on gross rental receipts. This is not an income tax—it is a transaction tax on the rental activity itself. No other US state imposes this tax on residential rentals.

How GET works:

• Applies to 100% of gross rent (before deductions)
• Tax rate: 4%
• Non-deductible: GET is a business expense, not deductible against Hawaii income tax
• Filing: File Hawaii Form G-49: General Excise Tax Return quarterly (due 20 days after quarter end)

Example: Gross monthly rent = $3,000 USD

• GET owed per month: $3,000 × 4% = $120 USD
• Annual GET on $36,000 gross rent: $1,440 USD (≈ $1,958 CAD)

This tax significantly erodes net rental returns in Hawaii and must be factored into cash flow planning.

Selling Hawaii Rental Property: FIRPTA Basics

If you sell the Hawaii property, you trigger FIRPTA (Foreign Investment in Real Property Tax Act) withholding at the federal level.

FIRPTA Withholding

The buyer or closing agent must withhold 15% of the gross sale price and remit it to the IRS. This withholding applies to all non-US residents selling US real property.

Example: Sale price = $500,000 USD

• FIRPTA withholding = $500,000 × 15% = $75,000 USD

You report the full sale proceeds and

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.