Non-resident Tax on Capital Gain

When a non-resident decides to sell their property, it is important to consider the tax implications on the capital gain. This post provides an overview of the complex process, it is a simplified version. If you are selling your property, it is recommended you read the full version on the Non-Resident: Selling page. Note: this blog was written by a realtor, not a tax accountant. The purpose of this post is to give you a sense of what you will need to know when you decide to sell your property. It is always recommended to speak with your Canadian accountant.

Step By Step

Part 1: Withholding Tax at the time of disposition

1. Prior to Completion Date: When the property is sold, tax may be due on the capital gain. At the time of completion, no one, including the CRA has determined exactly how much tax is owed. The Seller’s lawyer retains a hold-back of a minimum of 35% of the sale price, this can be as high as 50%. This is in anticipation of the CRA calculating and being paid the Withholding Tax long after the sale has been completed. The 35% to 50% hold-back is documented on the Statement of Adjustments.

2. On Completion Date: The Seller’s lawyer retains the hold-back of a minimum of 35% of the sale price and transfers the balance of the proceeds to the Seller’s bank account.

3. Ten Days After the Completion Date: Within 10 days of the completion of the sale, the Seller’s accountant files the T2062 “Request by a Non-resident of Canada for a Certificate of Compliance Related to the Disposition of Canadian Property”.

4. CRA Receives and Reviews the T2062: Upon receipt of the T2062 the CRA reviews, analyses, and possibly requests an audit.

5. CRA Determines the Withholding Tax: When the CRA is satisfied with the responses from the Seller regarding their review, the CRA determines what the Withholding Tax amount is on the sale proceeds.

5. Withhold Tax Paid: Seller’s lawyer pays the Withholding Tax amount determined by the CRA to the CRA.

6. Balance of Hold-Back Released to Seller: Once the Withholding Tax has been paid, the Seller’s lawyer releases the balance of the hold-back funds to the Seller.

7. UHT Status: The CRA is not required to issue a Certificate of Compliance to an applicant if they are not satisfied that the applicant is in compliance with any applicable obligations under the UHT. Read the page on Underused Housing Tax (UHT).

8. Certificate of Compliance: Upon receipt of the required amount of the Withholding Tax, the CRA then releases a Certificate of Compliance to the Seller and a copy to the Buyer.

Part 2: Personal Income Tax Return

The Seller files their annual Income Tax Return by April 30th.

9. CRA Refund: The CRA has received the “Withholding Tax”. Now, with the information on the Seller’s personal income tax return, the CRA calculates any personal tax owing and deducts from the Withholding Tax. Then the CRA may issue a refund of the balance to the Seller.

10. Tax Treaty: A non-resident would file their personal tax return with an accountant in their country of residence to report the capital gain on the sale of their property in Canada. If there is a Tax Treaty between Canada and the non-resident’s country it may result in a foreign tax credit being available to the non-resident. This tax credit may offset the tax on the capital gain in Canada in the non-resident’s own tax jurisdiction.

The Tax Treaty works both ways, for example, an Australian selling property in Canada, and a Canadian selling their property in Australia. Each seller must declare the capital gain, but will not want to pay tax on it in both countries. The principle is to avoid, at least to some extent, the possibility of double taxation.

Case closed!

If you think I would be a good fit to work with you and your family, and you are not already working with a Whistler realtor, please contact me. My name is Marion Anderson, and I help people buy real estate in Whistler.

Marion