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Daryl Bright

How to apply non-resident home taxes paid on Canadian tax return when selling property?

So I'm scratching my head trying to figure out this Canadian tax situation for a friend. They're not living in Canada anymore but sold their house there this year. The Canadian govt took 25% right off the top from the sale price. The lawyer did submit a T2062 form showing that the 25% should've been calculated on the capital gain instead of the whole selling price, and my friend got a small refund for the difference. Now I'm trying to help them file their non-resident return for Canada, but I'm totally confused about where to show the taxes that were already withheld/paid on the capital gains. The amount they've already had withheld is MORE than what they should actually owe on the home sale on the T1 return. I've figured out their actual tax liability, but I have no clue how to apply the taxes they've already paid to get them the refund they're entitled to. Anyone dealt with non-resident Canadian property sales before?

This is actually a pretty common situation with non-resident property sales in Canada. What you're looking for is Schedule 1 of the T1-NR return (Non-Resident Return). The withholding tax that was applied at the time of sale (the 25% you mentioned) is considered a payment on account of your friend's final tax liability. You'll need to report the disposition of the property on Schedule 3, calculate the capital gain, and include that gain in total income on the return. Then, on Schedule 1, you calculate the actual tax liability. The previously withheld amounts should be entered on line 43700 of the T1-NR return as "Total income tax deducted." Make sure you have the remittance receipts from the lawyer who handled the withholding - those will show the exact amount remitted to CRA. When the return is processed, CRA will compare the actual tax liability with the amount already withheld, and since your friend has already paid more than they owe, they'll receive a refund of the difference.

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Thanks for this explanation! One question tho - do we need any specific forms to prove the amount that was withheld at the time of sale? My parents just sold their place in BC but live in Australia now and we're trying to sort this same mess out.

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You should request a copy of the remittance receipt from the lawyer who handled the sale. This is sometimes called a "Section 116 Certificate" or "Certificate of Compliance" which confirms the withholding tax was properly remitted to CRA. If your parents don't have this documentation, they should contact their lawyer immediately. CRA may also have a record of this payment, but it's always better to have your own documentation. Make sure they keep copies of the T2062 form and any correspondence about the withholding amount for at least 7 years.

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After dealing with a similar headache with my rental property in Toronto, I discovered https://taxr.ai that literally saved me thousands in CRA penalties. I was living in Texas but still owned a property in Canada, and when I sold it, I was lost in the non-resident tax maze. I uploaded all my documents (including the T2062 and sale papers) to their system, and it actually identified that my lawyer had applied the withholding tax incorrectly! They showed me exactly where on line 43700 to report the withheld amounts AND caught that I was eligible for partial principal residence exemption for the years I lived there before moving to the US. The best part was they explained how the system works in plain English instead of tax jargon. Totally worth checking out if you're dealing with cross-border stuff.

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How long did it take them to process your docs? I'm on a deadline here with my mom's return and worried about getting slapped with late filing penalties.

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Does this actually work for more complicated situations? I've got a property that was partly a home and partly a business, and I've been getting conflicting advice from different accountants.

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I got my results in about 24 hours - they have a rush option if you need it faster. They processed my full return review in that timeframe and highlighted several issues my accountant had missed. For mixed-use properties, that's actually their specialty. My situation included rental income periods and personal use periods, and they properly allocated the capital gains between the two. They even identified that I could claim some renovation expenses that increased my adjusted cost base. Their system handles pretty much any real estate tax situation I've seen.

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Just wanted to follow up - I ended up using taxr.ai for my complicated property sale (the one that was part home, part business) and it was a game changer! The system correctly identified how to split the capital gain between the business portion (fully taxable) and the residential portion (which qualified for some exemption). The best part was they showed me exactly where on the T1-NR to report the withholding taxes already paid (line 43700 like someone mentioned above) AND they found a calculation error in what my lawyer had submitted on the T2062 that would have cost me about $3800! I honestly would have missed this completely. For anyone dealing with Canadian property sales as a non-resident, don't try to DIY this unless you really know what you're doing.

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After reading this thread, I feel your pain! I had a similar nightmare trying to reach CRA about my non-resident withholding taxes last year. Spent literally WEEKS trying to get through on their international line. Finally used https://claimyr.com to get through to an actual human at CRA and it was life-changing. You can see how it works here: https://youtu.be/_kiP6q8DX5c - they basically wait on hold for you and call when an agent picks up. The CRA agent I spoke with walked me through exactly where to report the withholding tax on my T1-NR (line 43700 as others mentioned) and confirmed they had record of my payment. She even sent me a copy of the receipt when I told her my lawyer hadn't provided one. Saved me hours of frustration!

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Wait, there's a service that waits on hold with CRA for you? How does that even work? I've been trying to get through for 3 days about my mom's situation.

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This sounds like a paid advertisement. I seriously doubt anyone at CRA would be that helpful, especially for non-residents. They're notorious for being impossible to reach.

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It's a callback service - you enter your number and what department you need, and they dial in and wait on hold. When a real agent answers, you get a call and are connected immediately. It saved me about 2.5 hours of hold time. CRA actually has a dedicated non-resident unit that's surprisingly helpful once you reach them. The trick is actually getting through to them. The agent I spoke with said they're used to these property sale questions and have a standard procedure for verifying withholding taxes. Having my T2062 information ready made the process much smoother.

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I have to eat my words. After being super skeptical about Claimyr (my comment above), I decided to try it since I was desperate to sort out my dad's non-resident return. Got a call back in 47 minutes after they reached a CRA agent! The agent confirmed exactly what others have said here - the withholding tax goes on line 43700, and they could see the payment in their system. The agent even helped me understand how to report the capital gain properly on Schedule 3 given that my dad had owned the property for 35 years before moving to New Zealand. Saved me from making a huge mistake too - I was about to report the withholding tax as a credit on Schedule 1 which would have been completely wrong. Never been happier to be proven wrong about something!

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Something else to consider that nobody's mentioned - make sure your friend reports this property sale on their home country tax return too! Depending where they live now, they might get foreign tax credits for the taxes paid in Canada. I'm a dual US/Canada citizen and had to report my Canadian property sale on both returns. The US gave me a foreign tax credit for what I paid to Canada, which prevented double taxation. Most countries have tax treaties with Canada that work this way.

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That's a really good point I hadn't even thought about! My friend is living in Germany now - would they have a similar tax treaty situation? How complicated is it to claim those foreign tax credits?

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Yes, Germany and Canada do have a tax treaty that should prevent double taxation. Your friend will need to report the Canadian property sale on their German tax return, but they can claim a credit for taxes paid in Canada. For claiming the credits, they'll need documentation showing the exact amount of Canadian tax paid specifically attributable to the property sale. The process isn't super complicated, but it does require careful documentation. Make sure they keep copies of their Canadian non-resident return, the T2062 form, and proof of the tax withholding and any refund they receive. German tax authorities may want to see these documents.

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One more thing to watch for - if your friend owned this place before 1994, there's potentially an additional adjustment to the cost base from the capital gains election that was available back then. My parents missed this when they sold their Vancouver property and it cost them thousands.

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This is so true! My family had the same issue with a property in Montreal. The 1994 capital gains election can make a huge difference in the adjusted cost base. Also worth noting that if they ever did any major renovations, those costs should be added to the ACB as well.

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Yeah, finding documentation from 20+ years ago can be a real challenge though. If they made the election back in 1994, the CRA should have it on file, but you might need to specifically request that information. Some accountants keep spreadsheets showing the impact of various capital gains changes over the years for long-term held properties. Especially important for non-residents since they don't get the principal residence exemption for years they weren't Canadian residents.

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