Ontario 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.

US Rental Property Ownership: An Ontario Resident's Guide to Nebraska

Owning rental property across the Canada–US border creates a unique tax filing situation. You're subject to tax rules in Ontario, Canada (federal CRA and provincial), Nebraska state, and the US federal government. Without proper planning, you could face double taxation, missed deductions, and penalties. This guide walks you through the essential tax obligations and strategies for Nebraska rental property owners living in Ontario.

Why Ontario + Nebraska = Complex Taxes

When you own rental property in Nebraska as an Ontario resident, three tax authorities claim rights to your income:

• Canada Revenue Agency (CRA) taxes worldwide income and requires you to report all rental revenue
• US Internal Revenue Service (IRS) taxes US-source rental income as a non-resident
• Nebraska Department of Revenue taxes rental income from property located in the state

Additionally, you'll face automatic withholding requirements: 25% under Canadian rules (Part XIII) and 30% under US rules (unless an election is made) if you don't file appropriate forms. Proper filing reduces or eliminates this withholding and ensures you claim all available deductions in both countries.

Canadian Tax Obligations: CRA

Report on Form T776 (Rental Income)

You must file Form T776: Statement of Real Estate Rental Income with your personal tax return for any tax year in which you own the Nebraska property. This form captures:

• Gross rental revenue (in Canadian dollars, using Bank of Canada average annual rate: 1 USD = 1.3978 CAD for 2025)
• Operating expenses (property tax, insurance, mortgage interest, repairs, utilities, property management fees)
• Capital cost allowance (CCA), if claimed

Key point: Only report your share of income and expenses if co-owned.

File Form T1135 (Foreign Property)

If the cost of your US rental property exceeds CAD $100,000, you must file Form T1135: Foreign Income Verification Statement by June 15 (the extended deadline for individuals). This form reports:

• Fair market value of the Nebraska property
• Rental income earned
• Any gains or losses

Failure to file Form T1135 carries penalties of $25 per day, up to $2,500 per year.

Claim Foreign Tax Credit (Schedule 1)

You'll pay both Canadian income tax and US/Nebraska taxes on the same income. Schedule 1 (Federal Tax) allows you to claim a foreign tax credit for income taxes paid to the US and Nebraska. This prevents double taxation:

• Calculate your Canadian tax on worldwide income (including Nebraska rental income)
• Subtract taxes paid to the IRS and Nebraska Department of Revenue
• The credit is limited to your Canadian tax on foreign-source income

Convert all US tax payments to CAD using the Bank of Canada rate for the year paid.

US Federal Tax Obligations: IRS

Obtain an ITIN (Individual Taxpayer Identification Number)

Non-US residents cannot use a Social Insurance Number (SIN) to file US tax returns. You must apply for an ITIN (Individual Taxpayer Identification Number) using Form W-7: Application for IRS Individual Identification Number.

• Submit Form W-7 with your first US tax return (Form 1040-NR)
• The ITIN is issued within 4–6 weeks
• It remains valid as long as you file a US return every 3 years

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

As a non-resident alien with US-source rental income, you must file Form 1040-NR: U.S. Non-Resident Alien Income Tax Return.

Filing deadline: June 15 (automatic 2-month extension for non-residents); final deadline April 15 of the following year.

On Form 1040-NR, report:

• All rental income on Schedule E (Supplemental Income or Loss)
• Operating expenses (property tax, insurance, repairs, utilities, management fees, mortgage interest)
• Depreciation (using MACRS: residential property, 27.5 years)
• Your ITIN in the identification section

Elect Section 871(d) (Critical for Cash Flow)

This election is vital. By default, US withholding is 30% of gross rents. However, if you file Form 1040-NR and elect Section 871(d), withholding drops to approximately your marginal tax rate (often 10–12% for most landlords), calculated after deductions.

• Make this election on your Form 1040-NR
• It applies to the current and future tax years (until revoked)
• Your Nebraska property manager or tenant must receive written notice that you've elected 871(d)

Example: Gross annual rent $20,000. Without 871(d), withholding = $6,000 (30%). With 871(d) and $8,000 expenses, taxable income = $12,000, withholding ≈ $1,200–$1,500 (12%).

File Schedule E (Supplemental Income)

Attach Schedule E to Form 1040-NR to report:

• Rental income
• Depreciation (starting basis of building only, not land)
• All deductible expenses
• Net rental income or loss

Nebraska State Tax Obligations

File Form N-40 (Nebraska Non-Resident Return)

Nebraska requires non-residents earning income from property in the state to file Form N-40: Individual Income Tax Return or its non-resident schedule.

Nebraska state income tax rate: 5.84% (combined with federal tax owed on Form 1040-NR).

Filing deadline: Same as federal (June 15, extended to April 15).

On Form N-40, report:

• Rental income from Nebraska property
• Pro-rated deductions (claim only expenses tied to Nebraska property)
• Your ITIN or tax ID

Understand Nebraska Property Tax

Nebraska has a high property tax rate (average 1.73% effective rate on real property). This is deductible on both your US return (Schedule E) and Canadian return (Form T776). Property tax is often the largest deductible expense for Nebraska landlords.

Example: A $200,000 property with 1.73% tax = $3,460 annually in property taxes, deductible in both countries.

Selling the Property: FIRPTA Basics

If you sell your Nebraska rental property, special US rules apply.

What is FIRPTA?

FIRPTA (Foreign Investment in Real Property Tax Act) requires the buyer to withhold 15% of the gross sale price if the seller is a non-resident alien. This withheld amount is credited against your final US tax bill when you file Form 1040-NR for the year of sale.

• The buyer is responsible for withholding and remitting to the IRS
• You'll report the sale on Form 4797 (Sales of Business Property) and Schedule D (Capital Gains)
• Deduct your adjusted basis (purchase price + improvements, minus depreciation claimed)

File Form 8288 and Form 8288-B

Your buyer (or their title company) must file Form 8288 (U.S. Withholding Tax Return for Disposition by Foreign Persons of U.S. Real Property Interests) and Form 8288-B (Statement of Tax Withholding on Dispositions by Foreign Persons of U.S. Real Property) within 10 days of closing.

You'll receive a copy of Form 8288-B for your tax records.

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: CRA vs. IRS

| Task | Form | CRA Deadline | IRS Deadline | Notes | |------|------|--------------|--------------|-------| | Report rental income | T776 | June 15 (extended) | June 15 (extended) | Same deadline for both | | Report foreign property | T1135 | June 15 | N/A | CRA only; $25/day penalty if missed | | Non-resident income tax return | 1040-NR / N-40 | N/A | June 15 | IRS & Nebraska; 2-month extension to April 15 | | File individual return with T776 | Personal tax return | June 15 | N/A | Include Form T776 with CRA return | | ITIN application | W-7 | N/A | With first 1040-NR | Allow 4–6 weeks for issuance | | Quarterly estimated tax (US) | Form 1040-ES | N/A | April 15, June 15, Sept 15, Jan 15 | Pay estimated taxes quarterly to avoid penalties