New Brunswick Landlord with Missouri 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.

Cross-Border Rental Property Taxation: New Brunswick Resident Owning Missouri Property

If you own rental property in Missouri and reside in New Brunswick, you are subject to tax obligations in three jurisdictions: Canada (federal and provincial), the United States (federal), and Missouri (state). This guide walks you through the specific requirements, deadlines, and tax-efficient strategies for your situation.

Why This Combination Matters

New Brunswick residents are Canadian tax residents, which means the Canada Revenue Agency (CRA) taxes your worldwide income, including US rental income. Simultaneously, the IRS taxes non-resident aliens on US-source income, and Missouri taxes non-residents on Missouri-source income. Without proper planning, you can face double taxation, excessive withholding, and penalties. Understanding the interaction between Canadian and US tax law—particularly the Canada-US tax treaty—is essential.

Canadian Tax Obligations: CRA Requirements

Filing Requirements in Canada

As a Canadian resident, you must report all worldwide income on your annual Canadian tax return. This includes gross rent and net rental income from your Missouri property.

Form T776: Statement of Real Estate Rentals

You must file Form T776 with the CRA for each rental property. On this form, you report:

• Gross rental income in Canadian dollars (converted using the Bank of Canada annual average exchange rate)
• Deductible expenses (property management, maintenance, utilities you pay, insurance, property tax, mortgage interest, HOA fees if applicable)
• Capital cost allowance (CCA) if claiming depreciation
• Net rental income or loss

For 2025, the CRA typically uses the annual average exchange rate published by the Bank of Canada (in this case, 1 USD = 1.3978 CAD, though confirm the current rate for your filing year). Convert all USD amounts to CAD at this rate.

Form T1135: Foreign Income Verification Statement

If the cost basis of your US property exceeds CAD 100,000, you must file Form T1135. This form simply reports the location, cost basis, and fair market value of the US property. Failure to file T1135 when required can trigger a penalty of CAD 100 to CAD 2,400 per year.

Foreign Tax Credit (FTC)

The Canada-US Income Tax Treaty prevents double taxation on the same income. You are entitled to claim a foreign tax credit on your Canadian return for:

• US federal income tax paid on your net rental income
• Missouri state income tax paid (at 4.95%)
• Property tax paid in Missouri (approximately 1.01% effective rate, though rates vary by county)

The FTC is claimed on Schedule 1 (Federal Tax) and your provincial form. Calculate it carefully: the credit is limited to the Canadian tax that would be payable on that foreign income. If US tax paid exceeds Canadian tax on the same income, you lose the excess—it is not refundable.

Important: The withholding taxes discussed below (Part XIII and US federal withholding) can be credited against your actual tax liability, so proper planning reduces your overall tax burden.

US Federal Tax Obligations: IRS Requirements

Obtain an ITIN

If you do not have a US Social Security Number, you must apply for an Individual Taxpayer Identification Number (ITIN) from the IRS. You can apply using Form W-7 through a certified acceptance agent in the US, or by mail with your tax return. Most Canadian tax professionals who handle cross-border cases can guide you through this. An ITIN is valid for taxation and is required to file US tax returns.

File Form 1040-NR

Non-resident aliens earning US-source rental income must file Form 1040-NR (U.S. Nonresident Alien Income Tax Return) with the IRS by June 15 (extended deadline; the standard deadline is April 15, but non-residents typically receive an automatic two-month extension).

On Form 1040-NR, you report:

• Gross rental income
• Deductible expenses directly related to the property (repairs, utilities, property management, depreciation via CCA, insurance, mortgage interest—but not property tax under US law without the election below)
• Net rental income on Schedule E

Schedule E: Supplemental Income and Loss

Attach Schedule E to show the calculation of net rental income. List the Missouri property address, beginning and ending book value, and itemize all rental expenses.

Section 871(d) Election: Claim Net Basis Rather than Gross Basis

By default, non-resident aliens are taxed by the IRS at 30% of gross rent with no deductions allowed. This is punitive. However, you can elect under Section 871(d) of the Internal Revenue Code to be taxed on net rental income instead (using the standard income tax rates applicable to non-residents, which currently range from 10% to 37% depending on taxable income).

How to make the election: Include a statement with your Form 1040-NR explicitly electing Section 871(d) treatment. Once made, the election applies to that property going forward and is difficult to revoke.

With the election, you deduct ordinary and necessary business expenses, including property tax, but you also become subject to US federal estimated quarterly tax payments if tax is expected to exceed a threshold. Consult a US tax professional to set up these payments (Form 1040-ES).

Withholding: Part XIII vs. US Federal

If you have not made a Section 871(d) election, the property manager or rental agent is required to withhold:

• CRA Part XIII withholding: 25% of gross rent (unless you file a completed NR6 Certificate exempting the withholding and agreeing to file a Canadian return)
• US federal withholding: 30% of gross rent (reduced to 15% under the treaty if the Section 871(d) election is not made, but this is complex)

Best practice: File an NR6 with the CRA to avoid Part XIII withholding, and file the Form 1040-NR with the Section 871(d) election to the IRS. This ensures withholding is minimal and calculated correctly on net income.

Missouri State Tax Obligations

Missouri Non-Resident Return

Missouri taxes non-residents on Missouri-source income at a state rate of 4.95%. You must file Form MO-1040 (Missouri Non-Resident and Part-Year Resident Income Tax Return) if your Missouri-source income exceeds the filing threshold (approximately USD 1,000–USD 2,500 depending on age and filing status—confirm current thresholds).

On Form MO-1040, report net rental income after deductions. Missouri does allow deduction of property tax, mortgage interest, and other ordinary rental expenses.

Missouri Property Tax

In addition to income tax, Missouri property is subject to property tax averaging approximately 1.01% of assessed value annually. Rates vary by county and jurisdiction. You deduct this on both Form MO-1040 and Form 1040-NR, so it reduces taxable income in both jurisdictions.

No US Federal Income Tax Treaty Benefit for State Tax

The Canada-US Treaty does not address state taxes. You cannot claim a credit for Missouri state tax against US federal tax; however, you can claim both Missouri income tax and property tax as a foreign tax credit on your Canadian return (subject to the FTC limitations described above).

Selling the Property: FIRPTA Basics

If you sell the Missouri property in the future, be aware of FIRPTA (Foreign Investment in Real Property Tax Act). The buyer must withhold 15% of the sale proceeds unless you provide a FIRPTA exemption certificate (which you can request from the IRS if the property does not qualify as a taxable gain or if you meet specific conditions).

You must report the sale on Form 8288 (and have the buyer file Form 8288-B), and you file Form 1040-NR reporting the capital gain. The withholding is credited against your tax liability. Consult a tax professional before selling to minimize withholding.

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 Milestones

| Activity | Deadline | Form(s) | |---|---|---| | Canadian Tax Return (CRA) | June 15, 2025 (extended) | T1, T776, T1135 (if required) | | US Federal Tax Return (IRS) | June 15, 2025 | 1040-NR, Schedule E, W-7 (if new ITIN) | | Missouri State Tax Return | May 31, 2025 | MO-1040 | | US Federal Quarterly Estimated Tax (if Section 871(d) elected) | April 15, June 16, Sept 15, Jan 15 | Form 1040-ES | | NR6 Filing (CRA, if withholding reduction needed) | Before Jan