Nunavut Landlord with Ohio 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 Ownership: A Tax Guide for Nunavut Landlords

Owning rental property in the United States while residing in Nunavut creates a unique tax situation. You must comply with both Canadian Revenue Agency (CRA) rules and Internal Revenue Service (IRS) requirements, plus Ohio state tax law. These three separate tax jurisdictions operate independently—filing with one does not satisfy the other two. Understanding your obligations now prevents costly penalties and missed deductions later.

Why Your Situation Requires Careful Planning

As a Nunavut resident (Canadian tax resident), you have worldwide income tax obligations to the CRA. The rental income from your Ohio property must be reported in Canada. Simultaneously, the IRS taxes you as a non-resident alien on US-source income. Ohio also claims the right to tax your rental income at the state level.

The good news: Canada and the US have a tax treaty that prevents double taxation through foreign tax credits. However, you must file correctly in all three jurisdictions to access these credits and deductions.

The challenge: Missing even one filing requirement can trigger penalties, interest, and withholding complications that affect your rental cash flow.

CRA Obligations: Reporting Your US Rental Income

Form T776 (Statement of Real Estate Rentals)

You must report all rental income and expenses on Form T776 as part of your Canadian personal tax return (Form T1 General). This applies regardless of whether you filed a US return—the CRA requires full reporting of worldwide income.

What to report:

• Gross rental income (in Canadian dollars)
• Mortgage interest
• Property taxes
• Insurance
• Utilities and maintenance
• Property management fees
• Capital cost allowance (depreciation) if claimed

Convert all US dollar amounts to Canadian dollars using the Bank of Canada average annual exchange rate for the tax year. For 2025, use 1 USD = 1.3978 CAD as your conversion rate. Keep your conversion documentation.

Form T1135 (Foreign Property Declaration)

If the fair market value of your Ohio rental property exceeds CAD $100,000 at any time during the year, you must file Form T1135 with your tax return. This form is an information return—it doesn't generate tax directly, but failure to file triggers a $2,500 penalty per year of non-compliance.

On Form T1135, report:

• Address of the property in Ohio
• Fair market value in Canadian dollars
• Type of property (real property—rental residence)

Foreign Tax Credit (FTC)

Here's where the treaty benefit applies. If you pay US federal income tax or Ohio state income tax on this property, you can claim a foreign tax credit on your Canadian return to avoid double taxation.

The FTC is calculated on Schedule 1 (Form T1 General). You cannot claim more credit than your total Canadian tax payable on the same income.

Key point: The foreign tax credit only works if you file a US tax return. If you don't file with the IRS and the IRS withholds tax on your rent, you lose the ability to claim that tax as a credit in Canada.

IRS Obligations: Filing as a Non-Resident Alien

Obtain an ITIN (Individual Taxpayer Identification Number)

Before filing with the IRS, you need an ITIN (Individual Taxpayer Identification Number). You cannot use your Canadian Social Insurance Number (SIN) with the IRS.

Apply for an ITIN using Form W-7 (Application for IRS Individual Taxpayer Identification Number). You can file Form W-7 with your first US tax return, or apply separately. Processing takes 4–6 weeks. Mail Form W-7 with your return to the IRS office serving your area.

Once you have an ITIN, use it on all future US tax filings related to this property.

File Form 1040-NR (US Non-Resident Alien Income Tax Return)

As a non-resident alien with US-source rental income, you must file Form 1040-NR with the IRS by June 15 of the following year (not April 15 like US residents). You can request an extension to October 15.

On Form 1040-NR, report:

• Rental income from the Ohio property (Schedule E)
• All US-source deductions (mortgage interest, property taxes, utilities, insurance, repairs, depreciation)

Schedule E (Supplemental Income or Loss)

Attach Schedule E to your 1040-NR to detail:

• Gross rents received
• Expenses (line-by-line: mortgage interest, real estate taxes, utilities, repairs, insurance, depreciation, management fees)
• Net rental income or loss

Section 871(d) Election: Avoid 30% Withholding

This is critical. By default, the IRS can withhold 30% of gross rental income from you if your property is managed by a US agent. This withholding is treated as estimated tax, but it's a blunt instrument that doesn't account for your deductions.

Instead, make a Section 871(d) election on your first 1040-NR return. This election allows the IRS to tax you on net rental income (after deductions), not gross income. You'll owe tax only on actual profit.

How to file: Include a statement with your 1040-NR that says:

"The taxpayer elects under Section 871(d) of the Internal Revenue Code to be taxed on a net basis with respect to rental income from [property address, Ohio]."

Once filed, this election generally remains in effect for all future years unless you revoke it. The benefit: lower withholding, higher cash flow.

Ohio State Tax Obligation

Ohio Income Tax Filing Requirement

Non-residents who earn income from Ohio sources must file Ohio Form IT 1040 (Ohio Individual Income Tax Return) if your Ohio-source income exceeds the filing threshold (approximately $1,150 for most filers in 2025).

Ohio taxes:

• Tax rate: 3.99% flat rate (Ohio moved to a flat tax in 2023)
• What's taxed: Net rental income from your property

What to report:

• Gross rents received
• Deductible expenses (same list as federal)
• Net rental income
• Withholdings and credits

Ohio Property Tax

Separately, you must pay Ohio real estate property tax on your rental property. The average effective property tax rate in Ohio is 1.59% of assessed value, though rates vary by county. This tax is paid to the local county auditor, not included in your income tax filing.

Property taxes paid in Ohio are deductible on both your US federal return (Schedule E) and your Canadian return (Form T776).

Selling the Property: FIRPTA Basics

If you sell the Ohio rental property, the US imposes the Foreign Investment in Real Property Tax Act (FIRPTA). This rule requires the buyer to withhold 15% of the net sale proceeds and send it to the IRS as a tax deposit.

What this means for you:

• You cannot avoid this withholding simply by being a Canadian citizen
• The 15% withheld is credited against your actual US income tax liability
• If your actual tax is lower than the withheld amount, you receive a refund when you file your final 1040-NR

Action item: Inform your real estate agent and title company that you are a non-US citizen. They must process FIRPTA withholding at closing. Failure to withhold exposes the buyer to penalties, which often results in the buyer refusing to complete the sale.

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 for 2025 Tax Year

| Obligation | Form(s) | Deadline | Filing Location | |-----------|---------|----------|-----------------| | Canadian tax return (includes T776, T1135, FTC) | T1 General, T776, T1135 | June 15, 2025 | CRA | | US non-resident return | 1040-NR, Schedule E, W-7 | June 15, 2025 | IRS (ITIN address) | | Ohio state income tax return | IT 1040 | April 15, 2025 | Ohio Department of Taxation | | Ohio property tax | (Not income tax form) | Varies by county | Local county auditor | | ITIN application (if needed) | W-7 | With first 1040-NR | IRS |

Important note: The US filing deadline for non-residents is June 15, but the Ohio state deadline is April 15. File Ohio first to avoid missing that deadline.

Key Takeaways for Nunavut Landlords

• File in all three jurisdictions: The CRA, IRS, and Ohio each require separate filings.