Ontario Landlord with New York 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 Taxation for Ontario Residents: A Complete NY Guide

If you own rental property in New York State as an Ontario resident, you're navigating two separate tax jurisdictions—Canada and the United States. Each has its own filing requirements, deductions, and withholding rules. Understanding both systems is essential to avoid penalties, maximize deductions, and keep more of your rental income.

This guide walks you through your Canadian and American tax obligations when you own a New York rental property.

Why New York Rental Income Creates Dual Tax Exposure

As a Canadian resident with US rental income, you must file tax returns in both countries. Canada taxes your worldwide income, including US rental property. The US taxes you on income that comes from US sources. New York State adds a third layer, taxing non-resident landlords on New York-source income.

Without proper planning, you could face:

• CRA withholding: 25% Part XIII tax on gross rent if you don't file the correct forms
• IRS withholding: 30% federal withholding on gross rent (reduced to 10% if you make a Section 871(d) election)
• New York State tax: 10.9% on your net rental income
• New York City tax (if applicable): An additional 3.876% to 3.876% depending on income level
• Double taxation: Being taxed on the same income in both countries until foreign tax credits are applied

The key to minimizing tax exposure is filing the correct forms before you receive rent and understanding how foreign tax credits work.

Your CRA Obligations: Filing in Canada

Report All US Rental Income

You must report all US rental income on your Canadian tax return, regardless of withholding. The CRA requires Canadian residents to declare worldwide income.

Use Form T776 (Statement of Real Estate Rentals) to report:

• Gross rental income (converted to CAD)
• Operating expenses (mortgage interest, property tax, maintenance, insurance, property management)
• Capital cost allowance (depreciation)

Converting US Dollars to Canadian Dollars

The CRA requires you to convert US rental income and expenses using the Bank of Canada noon exchange rate for the day the income was received or the expense was paid. Many landlords use the annual average rate for simplicity (2025 average: 1 USD = 1.3978 CAD), but you may use daily rates if you prefer precision.

Example: If you collect $2,000 USD in January rent, convert it at the January exchange rate.

Report Foreign Property on Form T1135

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

This form requires:

• Description of the property (address, property type)
• Fair market value in CAD
• Income earned from the property
• Any capital gains or losses

Failure to file T1135 triggers penalties of $25 per day (max $2,500).

Claim the Foreign Tax Credit

Canada allows you to claim a Foreign Tax Credit on Schedule 1 for US income taxes paid (both federal and state). This prevents double taxation.

How it works:

1. Calculate your Canadian federal and provincial tax on the US rental income
2. Add up all US federal and state income taxes you actually paid
3. Claim the lesser of the two amounts as a credit

If US taxes paid exceed Canadian taxes on that income, you cannot claim the excess in most cases.

Example: If you owe CAD $3,000 Canadian tax on US rental income but paid USD $2,500 (CAD $3,400) in US federal and NY state tax, you claim CAD $3,000 as a credit.

Your IRS Obligations: Filing in the United States

Obtain an ITIN (Individual Taxpayer Identification Number)

If you don't have a US Social Security Number, you need an ITIN (Individual Taxpayer Identification Number) to file US tax returns. Apply using Form W-7 with your Canadian passport copy. Processing takes 4–6 weeks.

Avoid Part XIII Withholding with Form NR6

The CRA applies a 25% Part XIII withholding tax on gross rents if you don't file Form NR6 with your Canadian tax return. This is a significant hit—on $50,000 USD in annual rent, that's CAD $17,000 in withholding.

File Form NR6 (Non-Resident Declaration of Revenue) to avoid Part XIII withholding. This form certifies that you will file a Canadian tax return reporting the rental income. You must file it with your T1 tax return by the filing deadline.

File Form 1040-NR with the IRS

Non-residents must file Form 1040-NR (U.S. Income Tax Return for Nonresident Alien Individuals) with the IRS. You must include:

• Schedule E (Supplemental Income and Loss): Report rental income and expenses
• Income from rental activity on US-source property
• All deductions (mortgage interest, property tax, maintenance, insurance, utilities, property management fees, depreciation)

Filing deadline: June 15, 2025 (for 2024 tax year). Non-residents get an extra month beyond the standard April 15 deadline, but you can request an extension to October 15.

Make a Section 871(d) Election to Reduce Withholding

Without an election, the IRS withholds 30% of gross rental income on Form 1042-S. However, you can make a Section 871(d) election to be taxed on net income instead of gross income, reducing withholding to approximately 10%.

How to make the election:

• File Form 8288-B with your Form 1040-NR return
• Check the box indicating you elect to be treated as engaged in a US trade or business
• Report net rental income (income minus allowable expenses) instead of gross income

This election is extremely valuable. On $50,000 USD gross rent with $15,000 USD in deductions, you reduce withholding from $15,000 to approximately $3,500.

New York State Tax Obligations

File Form IT-203-LL (Non-Resident Income Tax Return)

New York taxes non-resident landlords at a flat rate of 10.9% on New York-source income. You must file Form IT-203-LL (Non-Resident and Part-Year Resident Income Tax Return) with the New York Department of Taxation.

The form requires:

• Gross rental income
• Allowable deductions (mortgage interest, property tax, insurance, maintenance, utilities, property management)
• New York taxable income calculation

New York City Additional Tax (If Applicable)

If your rental property is located in New York City, you also owe:

• 3.876% city income tax on net rental income (for non-residents)
• This tax applies in addition to New York State income tax

The combined state and city rate in NYC reaches approximately 14.776%.

Deductible Expenses in New York

You may deduct:

• Mortgage interest (not principal)
• Property tax
• Landlord's insurance
• Maintenance and repairs
• Utilities you pay
• Property management fees
• Advertising for tenants
• Depreciation (Section 1250 property, 27.5 years)

You may not deduct:

• Mortgage principal
• Capital improvements (these are depreciated)
• Personal living expenses

Selling Your US Property: FIRPTA Withholding

If you sell your New York rental property, the Foreign Investment in Real Property Tax Act (FIRPTA) requires a 15% federal withholding on the net sale proceeds if the buyer doesn't receive a certification that you're not a foreign person.

To reduce or eliminate FIRPTA withholding:

1. Request a FIRPTA withholding certificate from the IRS using Form 8288-B before closing
2. Provide the certificate to your real estate attorney or title company
3. Pay any resulting tax on Form 1040-NR for the year of sale

If you held the property for less than two of the last five years and used it as a residence, you may qualify for an exemption.

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 and Filing Timeline

| Deadline | Form | Purpose | Jurisdiction | |----------|------|---------|--------------| | June 15, 2025 | Form 1040-NR + Schedule E + §871(d) election statement | File US non-resident return with Section 871(d) election | IRS | | June 15, 2025 | Form IT-203-LL | File New York non-resident state return