Ontario Landlord with Vermont 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 Tax Guide for Ontario Landlords: Vermont Edition

Owning rental property across the Canada–US border creates a unique tax situation. As an Ontario resident with a Vermont rental property, you're subject to tax rules in three separate jurisdictions: Canada (federal and provincial), the United States (federal and state), and Vermont itself. Understanding how these systems overlap—and where they conflict—is essential to avoid penalties, double taxation, and unnecessary withholding.

This guide walks you through your actual obligations, with specific form numbers, rates, and deadlines.

Why Vermont Ownership Is Uniquely Complex for Canadians

Vermont attracts Canadian landlords because of proximity, stable property values, and familiarity with Northeast markets. However, the tax stack is steeper than it appears.

As a Canadian resident, you must:

• Report worldwide income to the Canada Revenue Agency (CRA)
• File a US federal return as a non-resident alien
• File a Vermont state return
• Comply with US withholding rules, which default to aggressive rates
• Navigate foreign exchange reporting
• Plan for when you eventually sell

The core issue: Without proper planning, you could pay tax to all three jurisdictions—and fail to get credit for what you've paid. The CRA and IRS both tax your Vermont rental income, but they apply different rules about what expenses you can deduct and how much withholding is required upfront.

Your Canadian Tax Obligations

Filing Requirements with the CRA

You must file Form T776 (Statement of Real Estate Rentals) with your annual personal tax return. On this form, you report:

• Gross rental income (in Canadian dollars, converted at the Bank of Canada annual average rate)
• All expenses: property tax, mortgage interest, insurance, repairs, utilities, property management fees, capital cost allowance (CCA), and foreign property tax paid
• Net rental income or loss

Exchange rate for 2025 tax year: Use the Bank of Canada annual average rate of 1 USD = 1.3978 CAD for your rental income and expenses (unless you elected to use a quarterly or monthly rate—most landlords use the annual average for simplicity).

Form T1135: Foreign Property Reporting

If the fair market value of your Vermont property exceeds CAD 100,000 (which it almost certainly does), you must file Form T1135 (Foreign Income Verification Statement) with your tax return. This form reports:

• The address and description of the Vermont property
• The adjusted cost basis in Canadian dollars
• The fair market value in Canadian dollars as of December 31

Failure to file Form T1135 results in a $25 per day penalty (up to $12,500 per year), even if you owe no additional tax. This is a strict liability penalty—intent doesn't matter.

Foreign Tax Credit

Vermont charges 8.75% state income tax on non-resident landlords' net rental income. You'll also pay federal income tax in the US. The CRA allows you to claim these US taxes (federal and state) as a foreign tax credit on Schedule 1 of your Canadian return, but only up to the Canadian tax you owe on the same income.

Example: If your Vermont rental generates CAD 20,000 in net income and you pay USD 2,500 in combined US federal and Vermont state tax, you can credit that US tax against your Canadian liability—but not beyond what Canada would tax you on CAD 20,000.

Note: You cannot claim US property tax as a deduction on your Canadian return. It reduces your US taxable income, and then you claim the US tax paid as a foreign tax credit.

Your US Federal Tax Obligations

Getting an ITIN

You must have a US Individual Taxpayer Identification Number (ITIN) to file a US tax return. Apply using Form W-7 (Application for IRS Individual Taxpayer Identification Number). You can file Form W-7 with your first US tax return; the IRS will process your ITIN alongside your return.

Submit Form W-7 and your return to the IRS address for your state.

Form 1040-NR and Schedule E

File Form 1040-NR (U.S. Nonresident Alien Income Tax Return) annually. Attach Schedule E (Supplemental Income or Loss) to report rental income and expenses.

On Schedule E, you deduct:

• Mortgage interest
• Property tax
• Insurance
• Repairs and maintenance
• Utilities (if you pay them)
• Property management fees
• Depreciation (CCA equivalent)
• Advertising, legal, and accounting fees

Important: The US allows you to deduct your property against your gross income. You are not subject to the default 30% withholding if you file Form 1040-NR or make a Section 871(d) election (see below).

Section 871(d) Election (Critical)

Without action, renters' agents or property managers must withhold 30% of gross rents and send it to the IRS. This is economically devastating because you pay 30% withholding even though your net income may be much lower after deductions.

Attach §871(d) election statement (U.S. Real Property Interest Withholding Tax Statement) to elect under Section 871(d) of the Internal Revenue Code. This election allows withholding to be calculated on net income (after deductions) instead of gross rents, and reduces the withholding rate to your actual tax bracket (typically 10–24% federal for most landlords).

You must file this election before January 31 of the tax year you want it to apply. If you miss the deadline, you lose the election for that year and revert to 30% gross withholding.

US Tax Return Deadline

June 15, 2025 (for 2024 tax year) is the automatic filing extension deadline for non-residents. You can file by this date without additional penalty. For full compliance, file by this date or obtain an extension using Form 4868.

Vermont State Tax Obligations

Filing Form VT-104

As a non-resident who owns Vermont rental property, you must file Form VT-104 (Vermont Individual Income Tax Return) annually. Vermont taxes non-residents on Vermont-source income at a flat rate of 8.75% (as of 2025).

Report your net rental income (after deductions) and multiply by 8.75%. This is your Vermont income tax liability.

Vermont filing deadline: Same as the federal deadline—June 15 with automatic extension, or April 15 with Form 4868.

Vermont Property Tax

Vermont's average effective property tax rate is 1.9% of assessed value, though this varies significantly by town. Property tax is deductible on your US federal return (Schedule E) and reduces your Vermont taxable income dollar-for-dollar.

Ensure you understand your specific town's tax rate before purchasing.

Selling the Property: FIRPTA Rules

When you sell your Vermont property, the IRS requires the buyer to withhold 15% of the gross sale price under FIRPTA (Foreign Investment in Real Property Tax Act). This withholding applies to all non-US residents.

Form 8288-B (Certificate of Withholding) must be filed with the IRS within 20 days of closing. The withholding is credited against your US tax liability when you file Form 1040-NR for the year of sale.

Plan ahead: Know that 15% of your net proceeds will be withheld at closing. Your net sale proceeds will be reduced.

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 and IRS

| Task | Deadline | Form | |------|----------|------| | File CRA tax return (Ontario resident) | June 15, 2025 (2024 tax year) | T1 General, T776, T1135, Schedule 1 | | File US federal return (with extension) | June 15, 2025 (2024 tax year) | Form 1040-NR, Schedule E | | File Vermont state return (with extension) | June 15, 2025 (2024 tax year) | Form VT-104 | | Attach Section 871(d) election for withholding | January 31 of applicable tax year | §871(d) election statement | | Apply for ITIN (if needed) | With first US tax return | Form W-7 | | Pay balance owing to CRA | June 15, 2025 (2024 tax year) | Varies | | Pay balance owing to IRS | June 15, 2025 (2024 tax year) | Varies | | Pay balance owing to Vermont | June 15, 2025 (2024 tax year) | Varies |

Managing Cash Flow and Currency Risk

Convert your USD rental income to CA