Ontario Landlord with New Jersey 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.

Cross-Border Rental Income: Ontario Resident Owning Property in New Jersey

Owning rental property in New Jersey as an Ontario resident creates a unique tax situation. You must comply with Canadian tax law (CRA), US federal tax law (IRS), and New Jersey state tax law—all simultaneously. Each jurisdiction taxes your rental income independently, though Canada offers a foreign tax credit to reduce double taxation. Understanding these three layers of obligation is essential to avoid penalties and optimize your tax position.

This guide covers the specific forms, rates, and deadlines you need to know.

Why Ontario + New Jersey Creates Complexity

Ontario residents are taxed by Canada on worldwide income, including US rental property. The US also taxes non-residents on US-source income at federal and state levels. New Jersey imposes a 10.75% state income tax on non-residents with rental income from in-state property, in addition to federal tax.

The result: without proper planning, your rental income can be subject to:

• CRA withholding (Part XIII) at 25% on gross rents
• US federal withholding at 30% on gross rents (unless you elect otherwise)
• New Jersey state tax at 10.75%

Proper election filing and documentation can reduce or eliminate withholding, recover excess tax paid, and defer some obligations.

Canadian Tax Obligations (CRA)

Form T776 and Rental Income Reporting

You must report all rental income and expenses from your New Jersey property on Form T776: Statement of Real Estate Rentals filed with your personal tax return (Schedule 8 attachment). Report income in Canadian dollars using the Bank of Canada exchange rate for the year the income was earned. For 2025, the average annual rate is approximately 1 USD = 1.3978 CAD, though you should verify the precise rate the CRA applied to your year.

On Form T776, deduct all allowable expenses:

• Mortgage interest (principal is not deductible)
• Property taxes (New Jersey taxes are fully deductible)
• Insurance
• Utilities (if you pay them)
• Property management fees
• Repairs and maintenance
• Capital Cost Allowance (CCA) on the building only, not land

Part XIII Withholding and the NR6 Form

If you do not file Form NR6: Undertaking—To Lift Part XIII Withholding Tax with the CRA before rent is paid, Canadian entities remitting rent to you (if applicable) or US entities may be required to withhold 25% of gross rental income under Part XIII tax.

In practice, most US rental income flows directly to you as a non-resident; however, if a Canadian property management company or intermediary handles funds, they may apply Part XIII withholding. Filing NR6 requires you to certify that:

• You have filed or will file a Canadian tax return
• You are a non-resident with income from real property in Canada or a corporation
• You agree to pay any tax owing

Note: NR6 applies to Canadian real property income, not US property directly, but filing it demonstrates CRA notification of your non-resident status.

Foreign Tax Credit (FTC) for US Taxes Paid

Once you have paid US federal and New Jersey state taxes, you can claim a non-business income tax credit on Form T2036: Federal Foreign Tax Credit for Non-Business Income against your Canadian tax owing. The credit is limited to the lesser of:

1. Foreign tax actually paid, or
2. Canadian tax on the same foreign income

Example: If you earn $20,000 USD in rental income (converted to $27,200 CAD) and pay $4,000 USD in combined federal and New Jersey state tax, you can claim that $4,000 USD (converted to $5,440 CAD) as a foreign tax credit, reducing your CRA liability.

Form T1135: Foreign Property Reporting

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

• The address of the New Jersey property
• The type of property (rental real estate)
• The cost basis (in CAD) and fair market value (in CAD) as of the last day of the tax year

Failure to file T1135 can result in a penalty of $2,500 per month (max $12,500 per year for individuals).

US Federal Tax Obligations (IRS)

Obtaining an ITIN

Non-US citizens cannot use a Social Security Number (SSN) for US tax purposes. You must obtain an Individual Taxpayer Identification Number (ITIN) from the IRS. Apply using:

• Form W-7: Application for IRS Individual Taxpayer Identification Number
• Submitted with a US tax return or separately to the IRS

Your ITIN is required to file Form 1040-NR and claim a Section 871(d) election (see below).

Form 1040-NR and Schedule E

You must file Form 1040-NR: U.S. Non-Resident Alien Income Tax Return annually with the IRS. Key points:

• Filing deadline: June 15, 2025 (for 2024 tax year) for non-residents; October 15 with extension
• Schedule E (Form 1040, Part II): Report rental income and expenses for the New Jersey property
• Report in US dollars: Do not convert to CAD; the IRS operates in USD

On Schedule E, report:

• Gross rental income (in USD)
• All deductible expenses (mortgage interest, property tax, insurance, repairs, utilities, management fees)
• Depreciation (straight-line; residential property is typically depreciated over 27.5 years)

Net rental income (or loss) flows to Form 1040-NR, where it is subject to US federal tax at graduated rates.

Section 871(d) Election: Avoid 30% Withholding

Without an election, a 30% US federal withholding tax (FDAP—Foreign Account Tax Compliance Act) applies to your gross rental income. This is punitive and ignores deductions.

With a Section 871(d) election, you are taxed on net rental income (after deductions) at the same graduated tax rates as US citizens, typically resulting in lower tax.

To make this election:

1. File Form 8288-B: Statement of Withholding on Dispositions by Foreign Persons or include the election statement with your Form 1040-NR
2. State that you elect to treat rental income as "effectively connected income" (ECI) under IRC Section 871(d)
3. Attach this election to your first 1040-NR filing

Once elected, you must file Form 1040-NR every year, even if you have a loss.

New Jersey State Tax Obligations

Non-Resident Income Tax Return

New Jersey imposes a 10.75% state income tax on non-residents earning income from in-state sources, including rental property.

File New Jersey Form 1040-NR: New Jersey Non-Resident and Part-Year Resident Income Tax Return by April 15, 2025 (for 2024 tax year).

• Income reported: Net rental income from the New Jersey property (same figure as US federal return)
• Tax rate: 10.75% on net income
• Deductions: Same as federal (mortgage interest, property tax, insurance, repairs, utilities, management fees, depreciation)

New Jersey does not allow a state-level foreign tax credit for Canadian taxes; however, you can claim a credit for federal taxes paid (which reduces your federal liability before calculating the NJ 10.75% tax).

New Jersey Property Tax

Separately from income tax, New Jersey residents and non-residents must pay property tax directly to the county assessor. New Jersey has one of the highest property tax rates in the US: average 2.49% of property value annually.

This is a cost of ownership, not deductible against federal or state income tax (you deduct the NJ property tax amount itself on Schedule E against rental income, but the underlying tax rate does not provide a credit).

Selling the Property: FIRPTA Basics

If you sell your New Jersey rental property, the Foreign Investment in Real Property Tax Act (FIRPTA) requires the buyer to withhold 15% of the net proceeds and remit it to the IRS unless you provide a Form 8288-B certification or obtain IRS approval for a reduced withholding rate.

• Form 8288: U.S. Withholding Tax Return for Disposition by Foreign Persons of U.S. Real Property Interests is filed by the buyer's closing agent
• You file Form 8288-B to claim the withhol

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.