Ontario Landlord with Maryland 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 for Ontario Residents: The Maryland Tax Guide

Owning rental property as an Ontario resident in Maryland creates a unique cross-border tax situation. You are subject to tax requirements in three jurisdictions: Canada (federal and provincial), the United States (federal), and Maryland (state). Understanding your obligations in each jurisdiction is essential to avoid penalties and optimize your tax position.

This guide covers the complete tax landscape for Ontario landlords with Maryland rental properties, including Canadian reporting requirements, US federal taxation, Maryland state income tax, and sale considerations.

Why Maryland Ownership Creates Specific Tax Implications

As a non-resident alien (for US tax purposes) and a Canadian tax resident, you must file tax returns in both countries on your Maryland rental income. The key complexity arises because:

• Canada taxes worldwide income, including US rental property income
• The United States taxes non-residents on income "effectively connected with a US trade or business" (rental property qualifies)
• Maryland requires state income tax filing on rental income for non-residents
• Double taxation is prevented through foreign tax credits on your Canadian return

Additionally, the exchange rate between CAD and USD affects your reported income in Canada. For 2025, use the Bank of Canada annual average rate of approximately 1 USD = 1.3978 CAD for translating your US rental income.

Your CRA Obligations: Canadian Reporting Requirements

Form T776 — Rental Income

You must file Form T776 (Statement of Real Estate Rentals) with your Canadian tax return each year you earn Maryland rental income.

On Form T776, you will:

• Report gross rental income in Canadian dollars (converted at the Bank of Canada annual average rate)
• Claim allowable deductions: mortgage interest, property tax, insurance, maintenance, property management fees, utilities paid by you, and capital cost allowance (CCA)
• Calculate net rental income, which is added to your other Canadian income

Important: Do not confuse US depreciation with Canadian CCA. The US allows depreciation deductions on buildings and improvements; Canada has different CCA schedules and recapture rules. You may have different net income figures in each country.

Form T1135 — Foreign Property Disclosure

If the fair market value of your Maryland property exceeded CAD $100,000 at any time during the year, you must file Form T1135 (Foreign Property Disclosure Form) with your Canadian tax return.

• Report the fair market value in Canadian dollars
• Identify the property location (Maryland)
• Provide details of cost base

Failure to file Form T1135 when required results in penalties of CAD $2,500 per year of non-compliance.

Foreign Tax Credit (FTC)

Canada allows a foreign tax credit to offset double taxation. On your Canadian return, you can claim a credit for:

• US federal income tax paid on rental income
• Maryland state income tax paid
• US property tax paid

The foreign tax credit is calculated on Schedule 7 of your tax return. It is limited to the Canadian tax rate on that foreign income, so it will not fully offset your US and Maryland taxes if they exceed the Canadian rate.

Your IRS Obligations: US Federal Tax Filing

Obtaining an ITIN

Before filing any US tax return, you must obtain an Individual Taxpayer Identification Number (ITIN) from the IRS. Apply using Form W-7 (Application for IRS Individual Taxpayer Identification Number), which you can file with your first US tax return or separately.

Section 871(d) Election — Critical for Reducing Withholding

Non-residents owning US rental property are subject to a default 30% withholding tax on gross rental income paid by property managers or tenants. However, you should make a Section 871(d) election to opt into the US tax system.

By making this election:

• Withholding drops from 30% (gross income) to the normal graduated tax rate
• You file Form 1040-NR and Schedule E like a resident
• You deduct all allowable expenses against gross rental income
• You only pay tax on net rental income

To make this election, file Form 8288-B (Application for Withholding Certificate for Dispositions by Foreign Persons) with your first Form 1040-NR, or attach a statement to your return declaring the election.

Without this election, a 30% withholding applies to every rent payment — a significant cash flow disadvantage. Most cross-border landlords should make this election.

Form 1040-NR — US Nonresident Income Tax Return

File Form 1040-NR (U.S. Nonresident Alien Income Tax Return) by June 15, 2026 for the 2025 tax year (non-residents have an automatic two-month extension beyond the April 15 deadline).

On Form 1040-NR:

• Report gross rental income
• Attach Schedule E (Profit or Loss from Rental Real Estate and Royalties)
• Report mortgage interest, property tax, insurance, maintenance, and property management expenses
• Calculate net rental income
• Report any US federal income tax already withheld

Estimated Quarterly Payments

If you expect to owe more than USD $1,000 in federal tax for 2025, you must make quarterly estimated tax payments to the IRS:

• Q1 (Jan 1–Mar 31): due April 15
• Q2 (Apr 1–Jun 30): due June 16
• Q3 (Jul 1–Sep 30): due September 15
• Q4 (Oct 1–Dec 31): due January 15, 2026

File Form 1040-ES with each payment. Failing to make quarterly payments can result in IRS penalties, even if you are due a refund when you file.

Maryland State Income Tax Obligations

Maryland Non-Resident Filing Requirement

Maryland imposes a state income tax rate of 5.75% on non-residents who earn Maryland-source income. As an Ontario resident with Maryland rental property, you must file Maryland Form 502 (Nonresident Income Tax Return) or Form 500 (Resident/Full-Year Nonresident Income Tax Return, if you had Maryland-source income).

What to Report on Your Maryland Return

• Gross rental income (in USD)
• Deductible expenses: mortgage interest, property tax, insurance, maintenance, and property management fees
• Maryland property tax is deductible
• Use the same net rental income as on your US Schedule E

Maryland Property Tax

Maryland's average effective property tax rate is 1.09% of fair market value annually (rates vary by county: Baltimore County averages ~1.14%, Montgomery County ~1.07%, etc.). This property tax is deductible against your Maryland rental income and is also eligible for a federal deduction on Form 1040-NR.

Filing and Payment

File Maryland Form 502 by June 15, 2026 (same deadline as Form 1040-NR). Maryland accepts EFTPS (Electronic Federal Tax Payment System) for state payments.

Selling Maryland Rental Property: FIRPTA Basics

When you sell your Maryland property, the Foreign Investment in Real Property Tax Act (FIRPTA) requires the buyer to withhold 15% of the sale proceeds as federal tax unless an exemption applies.

• The buyer (or their agent) must withhold and remit 15% to the IRS using Form 8288
• You report the sale on Form 1040-NR Schedule D (Capital Gains and Losses)
• Calculate your actual capital gain by subtracting your adjusted basis (original cost plus improvements, minus depreciation) from the sale price
• The 15% withholding credits against your federal tax liability when you file

Additionally, Maryland may claim state income tax on the gain; file Form 502 for the year of sale.

Obtain a FIRPTA withholding certificate from the IRS before closing if you believe the 15% withholding is excessive. File Form 8288-B with the IRS at least 21 days before closing.

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 | Jurisdiction | |---|---|---|---| | Canadian rental income reporting | T776 | June 15, 2026 | CRA | | Foreign property disclosure | T1135 | June 15, 2026 | CRA | | US federal income tax return | 1040-NR, Schedule E | June 15, 2026 | IRS | | US quarterly estimated tax — Q1 | 1040-ES | April 15, 2025 | IRS | | US quarterly estimated tax — Q2 | 1040-ES | June 16, 2025 | IRS | | US quarterly estimated tax — Q3 | 1040-ES | September 15, 2025