New Brunswick Landlord with Nebraska 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 Landlords in Nebraska

Owning rental property as a New Brunswick resident creates a unique tax situation. You're simultaneously subject to Canadian federal and provincial tax rules, plus US federal and Nebraska state tax obligations. Understanding how these systems interact—particularly around withholding, deductions, and credits—is essential to avoid overpaying or facing compliance penalties.

This guide covers the specific tax landscape for New Brunswick landlords with Nebraska rental properties and walks you through filing requirements on both sides of the border.

Why This Combination Matters Differently

New Brunswick has no provincial sales tax on rental income (unlike Nova Scotia, which applies HST), but you remain fully subject to federal income tax. Nebraska, meanwhile, treats non-resident landlords as income-generating entities subject to state tax withholding at 5.84%, in addition to US federal obligations.

The complexity arises because:

• Double taxation risk: Without proper planning, you could pay tax in Nebraska, the US federally, and Canada on the same income.
• Withholding chains: If you don't file correctly, property managers or tenants may withhold 25% (Canada) or 30% (US federal) before you see the money.
• Currency conversion: All US income must be converted to CAD at the Bank of Canada annual average rate (1 USD = 1.3978 CAD for 2025) for Canadian tax purposes.
• Property tax: Nebraska's average effective property tax rate of 1.73% is deductible in both countries but must be properly documented.

CRA Obligations for New Brunswick Landlords

Reporting on Form T776

You must file Form T776 (Statement of Real Estate Rentals) with your annual personal tax return, regardless of profit or loss.

On T776, you'll report:

• Gross rental income in Canadian dollars (converted from USD using the Bank of Canada rate)
• Operating expenses (utilities, property tax, insurance, repairs, property management fees)
• Mortgage interest (deductible; principal repayment is not)
• Capital cost allowance (CCA)—optional, but claiming it triggers recapture on sale

Critical point: Report the gross rental income in CAD, then claim all legitimate operating expenses. This reduces your net income subject to Canadian tax before foreign tax credits are applied.

Form T1135: Foreign Property Reporting

If the cost of your Nebraska property (in CAD) exceeds $100,000 CAD, you must file Form T1135 (Foreign Property Declaration) in the same year.

Report:

• Description of property (Nebraska rental house)
• Country of residence (USA—Nebraska)
• Cost basis (original purchase price converted to CAD)
• Fair market value as of December 31 (converted to CAD)
• Income earned in the year

Failure to file T1135 when required attracts a penalty of $25/day (up to $2,500 per year) plus interest.

Foreign Tax Credit (FTC)

The US taxes you on worldwide income, including Nebraska rental income. Canada also taxes you. To avoid double taxation, you claim a non-resident investment income (NRII) tax credit (or a full foreign tax credit under Part I of the Income Tax Act).

How it works:

1. Pay US federal tax on your Nebraska rental income (roughly 10–12% effective rate on net rental income for US purposes).
2. Pay Nebraska state tax (5.84% on net income).
3. Pay Canadian federal tax (15–20.5% depending on your total Canadian income).
4. Claim the US and Nebraska taxes paid as a credit against Canadian federal tax owing.

The credit is limited to the lesser of:

• US/Nebraska tax actually paid, or
• Canadian tax on that foreign income

Example: If your Nebraska rental nets $10,000 USD and you pay $1,600 USD in combined US federal and state tax, you can credit that $1,600 USD (≈$2,176 CAD) against your Canadian federal tax on that same income.

IRS Obligations: Getting Started

Obtain an ITIN

If you don't have a US Social Security Number, you must obtain an Individual Taxpayer Identification Number (ITIN). Apply using Form W-7 with supporting identification documents (passport) and proof of filing intention (your property deed or property tax bill).

Submit Form W-7 to:

IRS, ITIN Operations, P.O. Box 149342, Austin, TX 78714-9342

Processing takes 4–6 weeks. Once obtained, use the ITIN on all future US tax filings.

Form 1040-NR: Non-Resident Alien Tax Return

File Form 1040-NR (U.S. Income Tax Return for Nonresident Aliens) annually.

On Form 1040-NR, you'll report:

• Gross rental income (in USD)
• Schedule E (Supplemental Income or Loss): Rental property details, address, expenses
• Lines for deductions specific to non-residents

Filing deadline: June 15, 2025 for 2024 tax year (non-residents get an extra two months; US citizens get April 15).

Schedule E: Rental Property Reporting

Attach Schedule E to your 1040-NR. Report:

• Property address (Nebraska address)
• Days rented / days available
• Type of property (single-family rental)
• Gross rents, lease or rental agreement
• Expenses: mortgage interest, property tax, utilities, repairs, insurance, depreciation, property management fees
• Net rental income or loss

Depreciation on residential rental property is typically claimed over 27.5 years using the MACRS method. You'll need the original cost basis and land value (land isn't depreciable).

The Section 871(d) Election: Critical Strategy

This is the single most important planning decision for US rental income.

Without action, the IRS applies a 30% default withholding on your gross rental income. With the Section 871(d) election (filed on §871(d) election statement), you instead:

• Report net rental income (after deductions) on Form 1040-NR, and
• Owe US federal tax only on net income (roughly 10–12% effective rate), not 30% on gross

How to file:

• Attach a statement to your 1040-NR (filed by June 15): "The taxpayer elects under Section 871(d) of the Internal Revenue Code to have rental income from US real property treated as effectively connected income."
• Include your ITIN, property address, election year
• File Form 8288-B with your 1040-NR

Impact: This election saves approximately $2,000–$5,000 annually on a $20,000 net rental income, depending on deductions.

Your property manager or tenant cannot withhold 30% if you've made this election and provided your ITIN.

Nebraska State Tax Obligations

Nebraska Form N-40: Non-Resident Return

Non-resident aliens (including Canadian residents) must file Form N-40 (Nebraska Individual Income Tax Return) if they have Nebraska-source income.

File with:

Nebraska Department of Revenue, P.O. Box 98921, Lincoln, NE 68509

State tax rate: Nebraska taxes rental income at a progressive rate; the effective rate on rental income is approximately 5.84% for federal withholding purposes, but the actual marginal rate depends on your total Nebraska-source income and filing status.

Property Tax Deduction

Nebraska property tax (averaged 1.73% statewide) is deductible on both your Nebraska Form N-40 and your US federal Form 1040-NR. Keep annual property tax statements from the county assessor.

Filing Deadline

April 15, 2025 for the 2024 tax year (same as federal, no extension for non-residents on the state return).

Selling the Property: FIRPTA Basics

If you sell the Nebraska rental property, the IRS triggers FIRPTA (Foreign Investment in Real Property Tax Act) withholding.

Your buyer must withhold 15% of the sale price (or 10% if the property is under $1 million and will be the buyer's residence) and remit it to the IRS.

Form 8288: You'll need to file Form 8288 (FIRPTA Withholding Statement) to report the sale.

Canadian side: Report the capital gain on your Canadian tax return. Calculate the adjusted cost basis (original cost plus capital improvements, minus depreciation claimed), convert to CAD, and report the gain on Schedule 3.

The foreign tax credit on the US side will offset some Canadian tax, but the capital gains inclusion rate (50% in Canada) often

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.