Yukon Landlord with Nevada 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.

Owning rental property in Nevada as a Yukon resident puts you in a unique tax position. Nevada has no state income tax — a significant advantage — but you'll navigate both Canadian and US federal tax systems. This guide breaks down exactly what you owe, where, and when.

Why Yukon + Nevada Is a Special Tax Combination

As a Yukon resident, you're subject to Canadian federal tax plus Yukon territorial tax on worldwide income, including US rental property. Nevada, however, imposes zero state income tax on residents or non-residents. This means you avoid Nevada state tax entirely, but you cannot avoid:

• Canadian federal and territorial income tax on net rental income
• US federal income tax (filed with the IRS, not a state)
• Canadian withholding tax on gross rents (Part XIII) unless you file the correct forms
• US federal withholding tax on rents unless you make a Section 871(d) election

The lack of Nevada state income tax makes Nevada one of the most tax-efficient US states for Canadian landlords, alongside Texas, Florida, and Washington. However, this advantage only applies to state-level taxes. Federal obligations on both sides of the border are mandatory.

Your CRA Obligations: Reporting US Rental Income in Canada

Reporting Rental Income on Your Tax Return

You must report all US rental income on your Canadian tax return, converted to Canadian dollars. Use the Bank of Canada annual average exchange rate for the year the income is earned. For 2025, the average is approximately 1 USD = 1.3978 CAD.

File Form T776: Statement of Real Estate Rentals with your personal tax return (Form T1). Report:

• Gross rental income (in CAD)
• Allowable deductions: mortgage interest, property tax, insurance, repairs, property management fees, utilities you pay, advertising, legal and accounting fees
• Non-deductible items: mortgage principal, capital improvements, property acquisition costs

Part XIII Withholding Tax — Critical

If you do not file Form NR6 (Non-Resident Withholding Tax Exemption Certificate) with your US property manager or owner, the property manager must withhold 25% of gross rents and remit to CRA as Part XIII tax.

Example: If you collect $10,000 USD in rent, without an NR6 filed, $2,500 USD is withheld and sent to CRA.

To avoid this withholding:

1. Complete Form NR6 (available on CRA's website)
2. Send it to your property manager, tenant, or whoever collects rent
3. Renew every two years

This NR6 is a CRA form filed in Canada, not with the IRS. It allows you to collect rent without withholding, provided you file your Canadian tax return on time and pay any taxes owing.

Form T1135: Foreign Property Reporting

If the cost basis of your Nevada property exceeds $100,000 CAD at any time during the year, you must file Form T1135: Foreign Property Report with your tax return. This form:

• Lists the property's address and description
• Reports cost basis in CAD
• Confirms you've reported all income and gains

Failure to file can result in penalties of $2,500 per year of non-compliance.

Foreign Tax Credit

You'll pay US federal tax on your rental income when you file with the IRS. You can claim a Federal Foreign Tax Credit on your Canadian return (Schedule 1, line 40500) for US federal taxes paid. This prevents double taxation on the same income.

Important: You cannot claim a foreign tax credit for US federal tax on the CRA return if you make a Section 871(d) election (see IRS section below). Choose your strategy carefully.

Your IRS Obligations: Reporting as a Non-Resident Alien

Obtaining an ITIN

The IRS requires a US taxpayer identification number. As a non-resident alien, you cannot use a Social Security Number. Apply for an ITIN (Individual Taxpayer Identification Number) using Form W-7: Application for IRS Individual Taxpayer Identification Number.

Submit Form W-7 with:

• A valid passport or birth certificate (certified copy)
• Proof of name and mailing address (utility bill, bank statement, or lease)

Mail to the IRS address in Philadelphia listed on Form W-7. Processing takes 4–6 weeks.

Filing Form 1040-NR: Non-Resident Alien Income Tax Return

You must file Form 1040-NR (U.S. Income Tax Return for Nonresident Alien Individuals) with the IRS, not Form 1040. File by June 15, 2025 for 2024 income (non-residents get an automatic extension to June 15; you can request an additional extension to October 15).

Schedule E: Rental Income and Loss

Attach Schedule E (Supplemental Income or Loss) to Form 1040-NR. Report:

• Property address
• Rental income in US dollars
• Allowable deductions (mortgage interest, property tax, insurance, repairs, depreciation)
• Depreciation is critical: Non-resident aliens can deduct depreciation on US real property. This is a major tax advantage. Most residential rental buildings can be depreciated over 27.5 years.

Section 871(d) Election: Critical Strategy

By default, if you don't claim deductions, the IRS assumes a 30% tax rate on gross rental income. This is extremely unfavorable.

Instead, elect Section 871(d) treatment by attaching a signed statement to your Form 1040-NR stating: "I elect under Section 871(d) to be taxed on a net basis with respect to my US real property rental income."

This election allows you to:

• Claim all deductions (mortgage interest, depreciation, repairs, property tax, insurance, etc.)
• Pay tax on net income, not gross income
• Potentially reduce your US tax liability significantly

Trade-off: Once you elect 871(d), you cannot claim a foreign tax credit on your Canadian return for US federal tax paid. However, your net US tax is usually lower than the alternative.

Example:

• Gross rent: $10,000
• Deductions: $6,000
• Taxable income (871d): $4,000
• US tax at 10% bracket: $400
• vs. Default 30% on gross: $3,000

The 871(d) election is almost always better for net-positive rental properties.

Nevada's State Income Tax Advantage

Nevada has zero state income tax on rental income, capital gains, or any income type. You owe no Nevada state tax on the property itself or the rental income. However, you still owe:

• Nevada property tax (average effective rate: 0.59% of assessed value, approximately)
• Nevada sales tax on goods and services (but not on rental income)

This zero state income tax is a genuine advantage compared to California (13.3% top rate) or New York (10.9%). Nevada is deliberately attractive to Canadian landlords for this reason.

Selling the Property: FIRPTA Withholding

When you sell, FIRPTA (Foreign Investment in Real Property Tax Act) applies. The buyer or their escrow agent must withhold 15% of the gross sale price and remit to the IRS, unless you file Form 8288-B: U.S. Withholding Tax Return for Dispositions by Foreign Persons and declare a lower amount.

You'll report the sale on Form 1040-NR in the year of sale (capital gain/loss). Convert the adjusted basis and sale price to CAD using the annual average rate for each year involved.

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

| Item | CRA Deadline | IRS Deadline | |------|--------------|--------------| | Income Tax Return (2024) | June 15, 2025* | June 15, 2025 | | Form T776 (Rental Income) | June 15, 2025* | N/A (part of 1040-NR) | | Form T1135 (Foreign Property) | June 15, 2025* | N/A | | Form 1040-NR | N/A | June 15, 2025 | | Form NR6 (Withholding Exemption) | File before rent collected | N/A | | ITIN Application | N/A | File before 1040-NR submission |

*Self-employed individuals (including rental landlords in some interpretations) may have a June 15 due date for the tax return, but full payment is due June