New Brunswick Landlord with Montana 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 Tax Guide: New Brunswick Owners with Montana Properties

Owning rental property in the United States while residing in Canada creates a complex tax situation. As a New Brunswick resident, you face obligations to both the Canada Revenue Agency (CRA) and the Internal Revenue Service (IRS), plus Montana state requirements. Understanding these layers is essential to avoid penalties, excessive withholding, and missed deductions.

This guide walks you through your Canadian and US tax responsibilities for Montana rental income.

Why This Situation Requires Special Attention

New Brunswick residents who own US rental property occupy a unique tax position:

• You are a Canadian resident for tax purposes, meaning the CRA taxes your worldwide income, including US rental revenue.
• You are a non-resident alien to the IRS, which imposes different rules and higher default withholding rates than US citizens face.
• Montana requires state income tax filing even for non-resident landlords, at a rate of 6.75%.
• Two tax systems apply simultaneously, and improper reporting to one agency doesn't excuse you with the other.

The result: without proper planning, you could face 25% Canadian withholding, 30% federal US withholding, and Montana state tax—all on gross rental income before deductions.

Canadian Tax Obligations: CRA and Revenue Quebec

Filing Requirements

As a Canadian resident, you must report all worldwide income to the CRA, including US rental income converted to Canadian dollars.

Form T776 (Statement of Real Estate Rentals) is your primary reporting document. File it with your annual personal tax return (T1 General) by June 15 (or December 31 if you owe no balance).

On Form T776, report:

• Gross rental income in Canadian dollars (converted at the exchange rate for the year the income was earned)
• All allowable expenses (mortgage interest, property tax, insurance, repairs, management fees, utilities, advertising)
• Capital cost allowance (CCA) if you choose to claim depreciation on the building (but not land)

For 2025, use the Bank of Canada annual average exchange rate of 1 USD = 1.3978 CAD to convert your Montana rental income and expenses.

Form T1135 (Foreign Income Verification Statement)

If your US property value exceeds CAD $100,000 at any point during the year, you must file Form T1135 with your tax return.

• Report the fair market value of your Montana property in Canadian dollars
• List gross rental income earned in the year
• Penalties for non-filing: $25 per day (up to $2,500) for first failure; $50 per day for subsequent failures

Part XIII Withholding (The Critical Issue)

This is where many New Brunswick landlords encounter surprise deductions.

Without proper documentation, the IRS imposes a 25% withholding on gross rental income paid by your property manager or tenant, under Canada-US tax treaty Part XIII rules. This withholding is:

• Applied to gross rent (not net income after expenses)
• Remitted directly to the IRS by the payer
• Credited against your Canadian tax liability (but not excess withholding)

To reduce withholding to the treaty rate of 15%, file Form NR6 (Undertaking to File an Income Tax Return by a Non-Resident of Canada) with the CRA before rental payments begin. This form certifies that you will file Canadian returns and report the income honestly. Once approved, the withholding drops to 15%.

Foreign Tax Credit

Once you file your Canadian return reporting US rental income and pay US taxes, claim the Foreign Tax Credit on Schedule 1 (Line 40500) of your T1 General. This prevents double taxation on the same income.

The credit is limited to your Canadian tax otherwise payable on the foreign income, so you won't receive a refund for excess US tax paid.

US Federal Tax Obligations: IRS and Form 1040-NR

Obtaining an ITIN

Non-resident aliens must obtain an Individual Taxpayer Identification Number (ITIN) from the IRS—not a Social Security Number.

Apply for an ITIN using Form W-7 (Application for an IRS Individual Taxpayer Identification Number). You can file it together with your first US tax return (Form 1040-NR) or separately. Processing takes approximately 6–7 weeks.

Your ITIN will appear on all future US tax filings and is necessary for the IRS to track your account.

Form 1040-NR (US Nonresident Alien Income Tax Return)

File Form 1040-NR by June 15 (automatic 2-month extension from April 15) if you are a non-resident alien.

On Form 1040-NR:

• Report US-source rental income on Schedule E (Supplemental Income and Loss)
• Deduct allowed rental expenses (mortgage interest, property tax, insurance, repairs, depreciation)
• Calculate taxable rental income
• Pay US federal tax at graduated rates (10% to 37%, depending on income level)

Schedule E and Rental Deductions

Non-resident aliens can deduct ordinary and necessary rental expenses on Schedule E, reducing taxable income. Common deductions include:

• Mortgage interest
• Real estate property tax
• Insurance premiums
• Repairs and maintenance
• Depreciation (building only; land is not depreciable)
• Management and advertising fees
• Utilities (if you pay them)

Depreciation is significant. The building (excluding land value) can be depreciated over 27.5 years using the straight-line method. This deduction, while it reduces federal taxable income, will be recaptured at a 25% rate when you sell.

Section 871(d) Election: Reduce Default Withholding

The IRS imposes a 30% default withholding on gross rental income paid to non-residents. However, you can elect under Section 871(d) to have withholding apply only to net rental income (gross rent minus expenses) rather than gross rent.

This election is made by attaching a statement to your Form 1040-NR claiming the election. Once made, it applies to all future years until revoked.

The benefit is substantial: instead of 30% of gross rent being withheld, withholding applies only to your net taxable income, which is typically much lower.

Montana State Tax Obligations

Montana Income Tax Filing Requirement

Montana imposes a 6.75% state income tax on residents and non-residents with Montana-source income.

As a non-resident owning Montana rental property, you must file Montana Form 2 (Resident and Nonresident Individual Income Tax Return) or the nonresident version by April 15 (or with your extension).

On your Montana return:

• Report Montana rental income (same amounts as on your IRS Form 1040-NR Schedule E)
• Claim the same deductions allowed on your federal return
• Calculate Montana taxable income
• Pay state income tax at 6.75% (Montana has one flat rate)

Montana Property Tax

Montana's effective property tax rate averages 0.84% of fair market value, though rates vary by county. This is a local tax paid directly to the county assessor, not filed on your income tax return.

Property tax is deductible both federally (on Form 1040-NR) and in Montana and Canada.

Selling Your Montana Property: FIRPTA Basics

When you sell your Montana rental property, special rules apply.

Under the Foreign Investment in Real Property Tax Act (FIRPTA), the buyer must withhold 15% of the gross sale price and remit it to the IRS as a guarantee of your US tax liability on the gain.

• The withholding is 15% of the sales price, not the gain
• The buyer (or their escrow agent) is responsible for withholding
• You can reduce or eliminate withholding by obtaining a FIRPTA withholding certificate from the IRS (Form 8288-B) before closing
• Any excess withholding is refunded when you file your final US return reporting the sale

You will also owe Montana state tax on the gain and must report the sale on your final Montana return.

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: CRA and IRS

| Obligation | Form | Deadline | Notes | |-----------|------|----------|-------| | File Canadian tax return | T1 General + T776 | June 15, 2025 | Balance due December 31 | | File Form T1135 (if property > CAD $100k) | T1135 | June 15, 2025 | File with T1 General | | File Form NR6 (reduce withholding) | NR6 | Before rent payments begin | Reduces withholding