Ontario Landlord with Colorado 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 in Colorado: A Canadian Resident's Complete Tax Guide

If you own rental property in Colorado and live in Ontario, you're operating in two tax jurisdictions simultaneously. Understanding both systems is critical because the Canada Revenue Agency (CRA) and the Internal Revenue Service (IRS) each have separate filing requirements, withholding rules, and reporting deadlines. This guide walks you through the specific obligations you face.

Why Colorado Rental Property Matters for Canadian Tax Residents

As an Ontario resident, you're a Canadian tax resident for CRA purposes. The CRA taxes you on worldwide income, including US rental income. At the same time, the US taxes you as a non-resident alien earning US-source income. Colorado also imposes a state income tax on that same rental income.

This creates a potential triple-taxation scenario unless you understand the mechanisms available to reduce or eliminate double taxation:

• Part XIII withholding from CRA (25% on gross rents if no exemption filed)
• Federal US withholding on non-resident rental income (30% by default, but reducible through election)
• Colorado state tax at 4.4% on net rental income
• CRA foreign tax credit to offset US and Colorado taxes paid

The key to managing this is proper reporting and election filing with both the IRS and CRA.

CRA Obligations: Reporting and Filing

Reporting Rental Income on Your Canadian Return

You must report all Colorado rental income on your Canadian personal tax return each year. Use Form T776 (Statement of Real Estate Rentals) to calculate and report:

• Gross rent collected (converted to CAD at the Bank of Canada average annual exchange rate)
• Operating expenses (utilities, maintenance, insurance, property tax, mortgage interest)
• Capital cost allowance (CCA) if claimed
• Net rental income or loss

For 2025, use an exchange rate of 1 USD = 1.3978 CAD (Bank of Canada annual average) to convert all US dollar amounts to Canadian dollars.

Form T1135: Foreign Property Reporting

If the fair market value of your Colorado property exceeds CAD $100,000 at any point during the tax year, you must file Form T1135 (Foreign Income Verification Statement) with your tax return.

On this form, report:

• Description of the property
• Country (United States)
• Cost basis in CAD
• Fair market value in CAD at year-end
• Income earned during the year in CAD
• Any US tax paid during the year in CAD

Failure to file T1135 when required results in a $25 per day penalty (maximum $2,500) plus potential loss of the foreign tax credit.

Foreign Tax Credit (FTC) for US and Colorado Taxes

The CRA allows you to claim a foreign tax credit for US federal income tax and Colorado state income tax you pay on your Colorado rental income. This prevents double taxation.

To claim the FTC:

1. Calculate US federal and Colorado state tax owing on your Colorado rental income
2. On your Canadian return, report the total US and Colorado tax paid (converted to CAD)
3. Enter the amount on Schedule 1 (Federal Tax), line 40500 (foreign tax credit)
4. The CRA will reduce your Canadian tax payable by the lesser of:
   • Total US/Colorado tax paid, OR
   • Canadian tax attributable to the same US-source income

Critical point: If you don't attach the proper US election (§871(d) election statement with the IRS; see below), the IRS will withhold 30% on gross rents, leaving little net income to report. The Section 871(d) election is essential.

IRS Obligations: Filing as a Non-Resident Alien

Obtain an ITIN

First, you need an Individual Taxpayer Identification Number (ITIN) from the IRS if you don't have a US Social Security Number. Apply using Form W-7 (Application for IRS Individual Taxpayer Identification Number).

You can apply online through the IRS website, by mail, or in person at a US bank or embassy. Processing typically takes 4–6 weeks. Once issued, your ITIN is permanent.

Form 1040-NR: US Non-Resident Alien Return

You must file Form 1040-NR (US Individual Income Tax Return for Non-Resident Aliens) annually to report your Colorado rental income to the IRS.

On this form:

• Schedule E (Supplemental Income or Loss) to report rental income and expenses
• Report gross rent received
• Deduct ordinary and necessary business expenses (property tax, insurance, utilities, repairs, mortgage interest, depreciation)
• Report net rental income

Filing deadline: June 15, 2025, for the 2024 tax year (non-residents get an automatic two-month extension to June 15). It's prudent to file by April 15 and claim the extension if needed.

Section 871(d) Election: Reduce Default Withholding

Without an election, the IRS imposes a 30% withholding on gross rental income to non-resident aliens. This leaves minimal net income.

File Form 8288-B (Statement of US Real Property Disposition Gains) — actually, the correct form for ongoing rental activity is to include the election in your Form 1040-NR filing, or file a protective statement under Treasury Regulation 1.1445-1 to claim that treaty benefits apply and to elect net-basis taxation.

More practically: Include a statement with Form 1040-NR (dated and signed) electing under Section 871(d) to be taxed on net rental income (not 30% on gross), provided you file your US return timely.

With this election:

• No withholding is required on rent paid
• You report net income instead of 30% of gross
• This significantly improves cash flow and allows proper tax planning

Important: Coordinate this election with your Canadian tax planning (see Foreign Tax Credit section above).

Colorado State Tax Obligations

Colorado imposes a 4.4% state income tax on all net rental income earned from Colorado property by non-residents.

As a non-resident owner, you may have these obligations:

Colorado Non-Resident Return Filing

If your Colorado net rental income exceeds $3,000 per year, file Colorado Form 106 (Colorado Individual Income Tax Return - Non-Resident Portion).

Key details:

• Report net rental income only (Colorado allows the same deductions as the IRS)
• Apply the 4.4% flat tax rate to net income
• Deadline: June 15, 2025, for the 2024 tax year (automatic two-month extension to non-residents)

Property Tax: The Colorado Advantage

Colorado's average effective property tax rate is 0.51% of fair market value, among the lowest in the US. While property taxes are deductible on Schedule E and Form 1040-NR, they represent a smaller cost burden than in many other states.

Example: A $500,000 Colorado property would generate approximately $2,550 in annual property tax.

Selling Your Colorado Property: FIRPTA Overview

If you sell your Colorado rental property, US federal law (FIRPTA — Foreign Investment in Real Property Tax Act) requires special handling:

• FIRPTA withholding: The buyer must withhold 15% of the gross sale price and remit it to the IRS within 10 days of closing
• FIRPTA return: You must file Form 8288 (US Withholding Tax Return for Disposition by Foreign Persons of US Real Property Interests) to report the sale
• Sale gain calculation: Report capital gain on Form 1040-NR, Schedule D, and claim depreciation recapture

The 15% withholding applies to the gross price, not net gain, but you receive credit for it when filing your tax 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.

Critical Deadlines for 2025

| Filing Requirement | Form | US/Canada | Deadline | |---|---|---|---| | Canadian rental income report | T776 | CRA | June 2, 2025 | | Foreign property report (if >CAD $100k) | T1135 | CRA | June 2, 2025 | | US non-resident tax return | 1040-NR | IRS | June 15, 2025 | | Colorado non-resident tax return | Form 106 | Colorado | June 15, 2025 | | Canadian personal tax return (with FTC) | T1 General | CRA | June 2, 2025 |

Note: CRA has moved the filing deadline for 2024 returns to June 2, 2025. IRS allows non-residents an automatic two-month extension to June 15. Colorado also