New Brunswick Landlord with Texas 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.

US Rental Property Tax Guide: New Brunswick Landlords in Texas

Owning rental property across the Canada–US border creates a unique tax situation. As a New Brunswick resident, you must comply with both Canadian Revenue Agency (CRA) rules and Internal Revenue Service (IRS) requirements. Texas presents a particular advantage: it has no state income tax. However, this doesn't eliminate your federal obligations in either country, and Texas's high property tax rates (averaging 1.8% of assessed value) will affect your cash flow and deductions.

This guide walks you through the specific forms, deadlines, and strategies you need to know.

Part 1: Understanding Your Tax Residency Status

As a New Brunswick resident, you are a Canadian tax resident. The IRS will classify you as a nonresident alien (NRA) for US tax purposes, even if you own rental property in Texas.

This dual status triggers obligations in both jurisdictions:

• Canada: You report worldwide income, including US rental income, on your Canadian tax return.
• US: You report rental income on a US nonresident tax return and claim the benefit of the Canada–US Tax Treaty to reduce withholding and avoid double taxation.

The Canada–US Tax Treaty (Article XIII) provides relief from double taxation on rental income. Without proper planning, you could face withholding at the default US federal rate (30%) and Canadian taxation at marginal rates exceeding 50%—leaving you with minimal net income.

Part 2: Canadian Tax Obligations

Filing Requirements: Form T776

You must report your US rental income on Form T776: Statement of Real Estate Rentals. This form captures:

• Gross rental income
• Operating expenses (property tax, insurance, maintenance, management fees, utilities)
• Mortgage interest
• Capital cost allowance (CCA) claims

Critical point: You report income in Canadian dollars. You must convert all US-dollar amounts using the Bank of Canada daily exchange rate for the day you received the payment. For annual reporting, many landlords use the Bank of Canada annual average exchange rate (2025: 1 USD = 1.3978 CAD).

Foreign Property Reporting: Form T1135

If the fair market value of your Texas rental property exceeds CAD $100,000 at any time during the tax year, you must file Form T1135: Foreign Income Verification Statement.

This form requires you to report:

• Fair market value of the Texas property (in CAD)
• Country of residence of the property
• Type of property (rental real estate)
• Income generated during the year

Failure to file T1135 when required triggers a $2,500 penalty for the first failure, and subsequent penalties can accumulate.

Deductions: What You Can Claim

Canadian tax law allows you to deduct reasonable expenses incurred to earn rental income:

• Property tax: Your Texas property tax bill (converted to CAD) is fully deductible.
• Mortgage interest: Interest (not principal) is deductible.
• Insurance: Homeowners and liability insurance.
• Repairs and maintenance: Regular repairs; capital improvements are not deductible in the year incurred.
• Property management fees: If you use a property manager (highly recommended for US property).
• Utilities and condo fees: If you pay them.
• Capital Cost Allowance (CCA): You can depreciate the building (not land) at 4% per year on a declining-balance basis, but claiming CCA can trigger capital gains tax when you sell.

You cannot deduct:

• Improvements that add value to the property (these are capitalized).
• Principal payments on your mortgage.
• Capital gains taxes paid to the US.

Foreign Tax Credit: Reducing Double Taxation

You will pay US federal income tax on your Texas rental income. Canada provides a foreign tax credit that reduces your Canadian tax liability by the amount of US tax paid.

The foreign tax credit is claimed on Form T776 and Schedule 1 of your personal tax return. To claim it:

1. Calculate your US federal tax liability (using the Section 871(d) election, described below).
2. Report the US tax paid on your Canadian return.
3. CRA will credit this amount against your Canadian tax owing.

Important: You can credit only the actual US tax you paid, not withholding tax. If you file an IRS return correctly and claim the Section 871(d) election, you typically reduce US withholding from 30% to 15% (as provided by the Tax Treaty), which significantly improves your cash flow.

Part 3: US Federal Tax Obligations

Obtaining an ITIN

First, you need an Individual Taxpayer Identification Number (ITIN) from the IRS. This is a nine-digit number issued to nonresident aliens who must file US tax returns.

To obtain an ITIN:

1. Complete Form W-7: Application for IRS Individual Taxpayer Identification Number.
2. Provide a certified copy of your Canadian passport or birth certificate as proof of identity.
3. Mail the form and supporting documents to the IRS.

The ITIN is typically issued within 4–6 weeks. You will need this number to file US tax returns and claim treaty benefits.

Filing Form 1040-NR: Nonresident Alien Tax Return

As a nonresident alien with US rental income, you must file Form 1040-NR: U.S. Nonresident Alien Income Tax Return with the IRS by June 15, 2025 for the 2024 tax year (this is two months later than the April 15 deadline for US citizens).

On Form 1040-NR, you report:

• Rental income on Schedule E: Supplemental Income or Loss.
• Deductible expenses on Schedule E (same categories as Canada: property tax, mortgage interest, insurance, repairs, management fees, utilities).
• Tax credits and treaty benefits.

Schedule E: Rental Income and Expenses

Schedule E is where you detail your Texas rental income and expenses. You must report:

• Gross rental income (in USD).
• Deductible expenses.
• Net rental income.

You report the same expenses you claim in Canada, but calculate them in US dollars. There is no depreciation on Schedule E for nonresident aliens under Section 871(d)—this is a key advantage of the election (see below).

The Section 871(d) Election: Critical Strategy

Without tax planning, the IRS will tax your rental income at graduated rates (12%, 22%, 24%, etc.) after allowing deductions. However, the Section 871(d) election provides a powerful alternative:

You can elect to have your rental income taxed at a flat 15% rate on net income (instead of graduated rates) and claim deductions against gross rental income (instead of the default 30% withholding on gross).

How it works:

• Gross rental income: USD $40,000
• Less deductions (property tax, insurance, repairs, mortgage interest): USD $15,000
• Net income: USD $25,000
• US federal tax at 15%: USD $3,750

Compare this to the default approach:

• Gross income withholding at 30%: USD $12,000
• You overpay and claim a refund later—inefficient.

To make the Section 871(d) election:

File Form 1040-NR attaching a statement electing Section 871(d) treatment. Include the election language: "The taxpayer elects to be treated as a US corporation under Section 871(d) for purposes of the rental real estate income."

Once made, the election typically applies for all future years unless revoked.

Tax Treaty Withholding Reduction

The Canada–US Tax Treaty allows you to reduce US withholding from 30% (default) to 15% on rental income if you file Form 8288-B or provide the IRS with appropriate documentation.

Work with your US tax preparer to ensure treaty benefits are properly claimed on your IRS return.

Part 4: Texas State Tax Advantage

Texas has no state income tax. This is a major benefit for nonresident landlords.

However, Texas compensates through high property taxes, averaging 1.8% of assessed value annually. Compare this to other states:

• California: ~0.8%
• New York: ~1.6%
• Florida: ~0.9%

A USD $400,000 property in Texas costs approximately USD $7,200 per year in property taxes alone—fully deductible against your rental income in both Canada and the US.

You owe no Texas franchise tax, no Texas capital gains tax, and no state income tax. This simplifies your filing significantly: you only file with the IRS (federal), not Texas.

Part 5: Selling the

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.