Non Resident Tax Advisor Downtown Toronto
๐ Non Resident Tax Advisor Downtown Toronto
International Cross-Border Tax Solutions for Non-Residents, Expats, and Foreign Entities
๐ 1 Dundas Street West, Suite 2500 โ Connected to the Eaton Centre
๐ 401 Bay Street, Suite 1600 โ Across from Toronto City Hall and Nathan Phillips Square
๐ 2 Bloor Street West, 7th Floor โ Yonge & Bloor, directly above the TTC subway hub
๐ 2 St. Clair Ave West, Suite 1800 โ Yonge & St.Clair Midtown Toronto
Servicing G20, EU, and Asia-Pacific Clients Worldwide
๐งญ Who is a Non-Resident for Canadian Tax Purposes?
๐ Non Resident Tax Advisor Downtown Toronto
For Canadian tax purposes, you are considered a non-resident if you permanently live outside of Canada and do not maintain significant residential tiesโsuch as a home, a spouse, or dependants in Canada. However, being a non-resident does not eliminate your Canadian tax obligations.
You may still be required to:
- File Canadian tax returns
- Obtain tax clearance certificates
- Pay withholding taxes on Canadian-source income
- Comply with CRA reporting requirements for trusts, corporations, or investments
At Toronto Tax Consulting, our Downtown Toronto team provides strategic non-resident tax compliance and planning services to ensure you remain compliant while optimizing your international tax exposure.
๐งโ๐ผ Who We Serve โ Non-Resident Clients
๐ Non Resident Tax Advisor Downtown Toronto
- ๐ Canadian citizens now living abroad (expats)
- ๐ข Foreign corporations earning Canadian income
- ๐ผ Dual citizens with U.S., EU, or Asian tax obligations
- ๐งพ Investors holding Canadian rental or commercial property
- ๐งโโ๏ธ Non-resident executors, trustees, and beneficiaries
- ๐๏ธ Non-residents selling Canadian real estate
- ๐ฌ Foreign film actors, athletes, consultants, and artists
- ๐ธ Canadian payers making payments to non-residents
๐ ๏ธ Core Non-Resident Tax Services
๐ Non Resident Tax Advisor Downtown Toronto
๐งพ Residency Determination & Exit Tax Planning
- NR73 / NR74 Residency Status filings
- T1161, T1243, T1244: Emigrant exit reporting
- Canada departure tax return (T1) planning
- CRA compliance and risk mitigation
๐๏ธ Real Estate Transactions
- Section 116 Certificate (T2062, T2062A)
- Withholding tax calculation (25%/50%)
- Rental property structuring (Section 216)
- NR6 filing to remit tax on net income
- Clearance Certificates from CRA to avoid full withholding
๐ต Non-Resident Withholding Tax Compliance
- NR4 Account setup for Canadian payers
- Remit Part XIII tax on rents, dividends, management fees
- File NR4 slips and summaries
- Apply NR301 / NR302 / NR303 to access reduced treaty rates
- Regulation 105 and 102 Waiver Applications (R105)
๐งฎ Income Tax Return Filings
- T1 Non-resident returns
- Section 216 rental income returns
- Section 217 elective pension returns
- T2 returns for non-resident corporations
- T2SCH19 / SCH91 / SCH97 / SCH20 for foreign corporate ownership
๐งโโ๏ธ Cross-Border Estates & Trusts
- T1141 / T1142 reporting on offshore trusts
- Probate support for non-resident executors
- Distribution planning for foreign heirs
- Foreign trust structuring and compliance
๐ Required CRA Forms for Non-Residents
๐ Non Resident Tax Advisor Downtown Toronto
Below is a sample of the forms we prepare and file on your behalf:
- NR73 / NR74 โ Residency Determination
- T2062 / T2062A โ Certificate of Compliance on Sale of Property
- NR4 / NR4 Summary โ Payments to Non-Residents
- NR5 / NR6 / NR7-R โ Rental Income Elections
- T1161 / T1243 / T1244 โ Departure Tax
- T1135 โ Foreign Income Verification Statement
- T1141 / T1142 โ Non-Resident Trusts
- T2SCH91 / T2SCH97 โ Treaty-Based Claims for Corporations
- T1 / T2 / T2209 / T4A-NR โ Non-Resident Income Tax Returns
- NR301 / NR302 / NR303 โ Access to Treaty Benefits
- T1261 โ Application for Individual Tax Number (ITN)
- R105 โ Waiver for Services Rendered in Canada
๐ฆ Understanding Your Canadian Tax Obligations as a Non-Resident
๐ Non Resident Tax Advisor Downtown Toronto
๐จ๐ฆ Part I Tax (Capital Gains & Business Income)
- Applies to: Real estate sales, business income, employment
- Common forms: T2062, T1, T2
- Real estate withholding: 25%โ50% unless Certificate of Clearance is obtained
- CRA can reassess buyers who do not withhold from non-resident vendors
๐จ๐ฆ Part XIII Tax (Passive Income)
- Applies to: Rent, dividends, interest, royalties, pensions
- Default rate: 25% unless reduced by a tax treaty
- Election under Section 216 or 217 allows you to file a return and possibly receive a refund
- Canadian payers must deduct and remit this tax and file NR4 slips
๐ซ Penalties for Non-Compliance
| โ Violation | ๐ฃ Penalty |
|---|---|
| Failure to deduct Part XIII tax | 10%โ20% penalty on the tax amount |
| Late NR4 filings | $100/day, up to $7,500 |
| Failure to file T2062 | 25% withholding of gross proceeds |
| Failure to report T1135 | $2,500/year minimum fine |
๐ Global Tax Expertise: G20, EU, and Asia
๐ Non Resident Tax Advisor Downtown Toronto
We handle tax matters involving all major treaty jurisdictions:
๐บ๐ธ U.S. โ FATCA, IRS Form 1040NR, Dual Filings, Form 5471, FBAR
๐ฌ๐ง U.K. โ HMRC coordination, U.K. Domicile Issues, Estate Planning
๐ซ๐ท France โ Real estate tax, Non-EU ownership complications
๐ฉ๐ช Germany โ Cross-border inheritance & tax-free thresholds
๐ฆ๐บ Australia โ ATO outbound compliance & exit planning
๐ฎ๐ณ India โ NRO/NRE income planning, Black Money Act, DTAA
๐จ๐ณ China โ Non-disclosure penalties, SAFE outbound remittances
๐ธ๐ฌ Singapore โ Investment structuring, non-resident tax coordination
๐ฏ๐ต Japan โ Global inheritance tax risks
โฆand more across Italy, Spain, UAE, Saudi Arabia, Netherlands, South Korea, Malaysia, and ASEAN
๐ Non-Resident Client Success Stories โ Downtown Toronto
๐ Non Resident Tax Advisor Downtown Toronto
Our team at Toronto Tax Consulting has helped hundreds of individuals and corporations across G20, EU, and Asia-Pacific countries resolve complex non-resident tax issues. Below is a sample of our work across various jurisdictions and client types.
๐ฌ๐ง UK Resident Selling Toronto Rental Property
Issue: Client sold a Toronto condo held for 12 years as a rental. U.K. resident, unaware of Section 116 requirements or CRA withholding rules.
Actions Taken:
- Prepared and submitted Form T2062 and T2062A
- Applied Article XIII of the CanadaโUK Tax Treaty to reduce capital gains exposure
- Filed final Section 216 return for rental income
- Coordinated with UK accountant to optimize foreign tax credit
Result:
โ๏ธ $39,000 CRA withholding waived with Clearance Certificate
โ๏ธ Reduced total Canadian tax by $11,250 using principal residence exemption strategy
โ๏ธ Full compliance with CRA and HMRC, avoiding double taxation
๐บ๐ธ Dual Citizen (U.S./Canada) Retiring in Florida
Issue: Former Canadian resident receiving CPP, OAS, and RRIF payments in Florida. Wanted to reduce 25% withholding and file under U.S. reporting.
Actions Taken:
- Filed Form NR5 to reduce RRIF/OAS/CPP withholding to 0% under the Canada-U.S. Tax Treaty
- Registered for ITN and filed T1 Section 217 return
- Coordinated with U.S. CPA to claim foreign tax credits on Form 1040
Result:
โ๏ธ $8,750 refund of excess withholding
โ๏ธ CRA and IRS fully reconciled; no audit flags
โ๏ธ Withholding permanently reduced to 0% for life of pension
๐ฉ๐ช German Heir to Canadian Estate
Issue: German resident inherited a $1.2M condo and $300K in Canadian investments through a parentโs estate.
Actions Taken:
- Advised executor on non-resident clearance certificate (T2062)
- Prepared T1142 for estate distributions to non-resident heir
- Filed NR301 to apply GermanyโCanada tax treaty
- Managed all non-resident estate tax filings on heirโs behalf
Result:
โ๏ธ Avoided full 25% CRA withholding
โ๏ธ Coordinated tax-free transfer to Germany with BZSt-recognized compliance
โ๏ธ Assets distributed within 6 months with full legal and CRA clearance
๐ฎ๐ณ Indian Investor with Toronto Rental Portfolio
Issue: Client owned 3 Toronto rental condos. Had never filed Section 216 returns or complied with CRA rental reporting.
Actions Taken:
- Filed voluntary disclosure program (VDP) submission for 6 years
- Registered ITN, opened NR account, and filed NR6 elections
- Prepared retrospective Section 216 returns and eliminated penalties
Result:
โ๏ธ CRA accepted disclosure with $0 penalties
โ๏ธ $22,500 in refunded excess withholding tax
โ๏ธ Future tax on net income reduced by 65% using interest and amortization
๐ซ๐ท French Film Producer Paying Canadian Crew
Issue: Client hired crew for Toronto production. Did not withhold 15% under Regulation 105. CRA audit began with fines pending.
Actions Taken:
- Filed Regulation 105 waiver (R105)
- Registered and filed T4A-NR and NR4 summaries retroactively
- Negotiated taxpayer relief under s.220(3.1)
Result:
โ๏ธ $47,000 in penalties cancelled
โ๏ธ Compliant structure created for future productions
โ๏ธ CRA accepted forward waiver for future withholding reductions
๐ธ๐ฌ Singaporean Investor Selling Commercial Building in Toronto
Issue: Sold $4.2M commercial plaza. Purchaserโs solicitor insisted on 50% withholding as depreciable capital property.
Actions Taken:
- Filed T2062A for depreciable property
- Segregated capital vs recapture through pro-forma reporting
- Accelerated Clearance Certificate with CRA follow-up
Result:
โ๏ธ Withholding reduced from 50% to 8.5%
โ๏ธ Proceeds released 2 weeks post-sale instead of 6-month freeze
โ๏ธ Total tax savings over $152,000
โ๏ธ Singapore IRAS accepted CRA documentation to avoid double tax
๐ฆ๐บ Australian Executive Relocating Back Home from Toronto
Issue: Departing Canada permanently with RSUs, TFSA, and significant unrealized gains.
Actions Taken:
- Filed NR73 with CRA to confirm residency end date
- Calculated deemed disposition gains and prepared T1243, T1244, T1161
- Deferred capital gains tax on eligible assets under s.220(4.5) election
Result:
โ๏ธ Avoided immediate tax liability on $195K of appreciated stock
โ๏ธ Tax-efficient emigration and confirmed residency termination
โ๏ธ Provided documentation to ATO to avoid double tax treatment
๐จ๐ณ Chinese Family Trust with Canadian Beneficiary
Issue: A Hong Kong trust held property and investments in Canada with distributions to a Canadian-resident beneficiary.
Actions Taken:
- Advised on T1141 and T1142 filings
- Structured distributions to avoid foreign affiliate deemed ownership rules
- Liaised with trustโs HK legal team and CRA audit team
Result:
โ๏ธ Full CRA compliance maintained
โ๏ธ No penalties under s.94 attribution rules
โ๏ธ Beneficiary received $380,000 in distributions penalty-free
๐ฏ๐ต Japanese Tech Company Hiring Canadian Software Developers
Issue: Remote work arrangement created a potential permanent establishment and CRA audit risk.
Actions Taken:
- Evaluated employment vs. contractor tests
- Structured work through Canadian subsidiary with transfer pricing file
- Filed T2, T2SCH97, and payroll accounts for compliance
Result:
โ๏ธ No PE assessment by CRA
โ๏ธ 100% compliant inbound employment structure
โ๏ธ Secured future work visas for expansion team
๐ง๐ท Brazilian Snowbird Withholding Refund
Issue: Client spent 5 months/year in Toronto but was taxed on worldwide income by CRA despite residency ties remaining in Brazil.
Actions Taken:
Filed T1 adjustment and NR5 application
Result:
โ๏ธ $19,800 refunded in overpaid Canadian taxes
โ๏ธ Clean non-resident record secured going forward
โ๏ธ Withholding on future pensions reduced to treaty rate of 15%
Filed Form NR73 and submitted legal brief
Retroactively reclassified status to non-resident
๐ก๏ธ Why Hire a Downtown Toronto Non-Resident Tax Advisor?
๐ Non Resident Tax Advisor Downtown Toronto
Hiring a dedicated non-resident tax advisor prevents:
- Double taxation across multiple countries
- Penalties for missed filings or incorrect residency assumptions
- Withholding tax overpayments
- CRA audit exposure due to foreign ownership or transfers
๐ Book a Consultation Today
๐ Non Resident Tax Advisor Downtown Toronto
Speak directly with a CRA-compliant non-resident tax advisor at Toronto Tax Consulting.
๐ง Email: info@torontotaxconsulting.com
๐ Phone: (416) 628-7824 Ext. 2
๐ Locations:
- 1 Dundas St W, Suite 2500
- 401 Bay Street, Suite 1600
- 2 St. Clair Ave W, 18th Floor
๐๏ธ Initial consultations available in-person, online, or by phone.
Let us help you solve your international and non-resident tax issuesโefficiently, legally, and strategically.
๐ Non Resident Tax Advisor Downtown Toronto

โ Frequently Asked Questions โ Non-Resident Tax Advisor Downtown Toronto
๐ Non Resident Tax Advisor Downtown Toronto
๐ What is considered non-residency for Canadian tax purposes?
You are considered a non-resident if you live outside Canada and do not maintain primary or significant secondary residential ties, such as a home, spouse, or dependents in Canada. The Canada Revenue Agency (CRA) uses Form NR73 or NR74 to determine your residency status, but a legal opinion or professional analysis is often necessary.
โถ๏ธ Related: NR73 โ Determination of Residency Status
๐ Do non-residents have to file a Canadian tax return?
๐ Non Resident Tax Advisor Downtown Toronto
Yes, if you receive Canadian-source income such as rental income, pension, capital gains, or business profits, you may be required to file a T1 Non-Resident Return, Section 216 return (rental income), or Section 217 return (pension income). Failing to file can result in lost refunds or severe penalties.
๐ How is rental income taxed for non-residents of Canada?
By default, rental income is subject to a 25% withholding tax on gross rents under Part XIII. However, filing Form NR6 allows non-residents to pay tax on net income (after expenses). You must file a Section 216 return to reconcile actual tax owed.
๐ What is a Section 116 Certificate of Compliance (T2062)?
๐ Non Resident Tax Advisor Downtown Toronto
When a non-resident sells Canadian real estate, they must notify CRA using Form T2062 or T2062A to avoid full withholding of 25% (or 50%) of the sale price. This process is required under Section 116 of the Income Tax Act. Delays can freeze sale proceeds and cause legal issues for the buyer.
๐ What is a Clearance Certificate for non-residents?
A Certificate of Compliance from CRA confirms that a non-resident has paid the appropriate taxes (e.g., on a real estate sale). Without it, the buyer must withhold a significant portion of the proceeds and remit it to CRA.
๐ What is the difference between Part I and Part XIII tax?
๐ Non Resident Tax Advisor Downtown Toronto
- Part I Tax: Applies to business income, employment, real estate sales, capital gains.
- Part XIII Tax: Applies to passive income (e.g., rent, dividends, royalties, pensions).
Different forms and withholding requirements apply. Some types allow elections (e.g., Sections 216/217) to file a tax return and recover part of the withholding.
๐ How can I reduce or eliminate Canadian withholding tax?
By filing appropriate NR5, NR6, NR301, or tax treaty declarations. Canada has tax treaties with over 90 countries. Using these properly can reduce withholding rates from 25% to as low as 0% in some cases (e.g., U.S., U.K., Germany).
๐ What is an NR4 slip and who needs to file it?
๐ Non Resident Tax Advisor Downtown Toronto
A Canadian payer (e.g., property manager, business, estate) making payments to a non-resident must issue an NR4 slip reporting the income and withheld taxes. Itโs due by March 31 of the following year.
โถ๏ธ Related Form: NR4 โ Statement of Amounts Paid to Non-Residents
๐ What is the NR301 form and when is it used?
Form NR301 is used to declare eligibility for reduced withholding rates under a tax treaty. It is often required by Canadian payers (banks, corporations) before applying lower rates on interest, dividends, or royalties.
๐ Can non-residents own rental property in Canada?
๐ Non Resident Tax Advisor Downtown Toronto
Yes, but they must comply with Canadian income tax law, including Part XIII withholding, NR6 filings, and Section 216 tax returns. Non-compliance can result in audits and seizure of rent payments.
๐ Do non-residents pay capital gains tax when selling Canadian real estate?
Yes. The sale triggers capital gains tax and requires T2062 filings. The gain is subject to Part I tax, not Part XIII. The final tax depends on adjusted cost base (ACB), selling expenses, and any available treaty relief.
๐ What happens if I don’t file a T2062 or get a Clearance Certificate?
๐ Non Resident Tax Advisor Downtown Toronto
The buyer of your property must withhold 25% of the gross sale price and remit it to CRA. The seller may lose cash flow and face CRA enforcement, even if the tax owing is much less.
๐ What is Section 217 of the Income Tax Act?
Section 217 allows non-residents receiving Canadian pensions to file a return and be taxed as if they were residents. This is often more favorable than Part XIII withholding and can result in a refund.
๐ What is the NR5 form and who should file it?
๐ Non Resident Tax Advisor Downtown Toronto
Non-residents receiving periodic pension income (e.g., OAS, CPP, RRIF) can file Form NR5 to reduce withholding tax based on estimated income and treaty benefits. It must be renewed every 5 years.
๐ Can a non-resident act as an executor or trustee of a Canadian estate or trust?
Yes, but this may trigger non-resident trust status under CRA rules, subjecting the trust to T3 filing requirements, Section 94 deeming rules, and possible T1135/T1142 foreign reporting.
๐ What is the T1135 โ Foreign Income Verification Statement?
๐ Non Resident Tax Advisor Downtown Toronto
Canadian residents (or deemed residents, including some trusts) must report foreign assets over CAD $100,000 using Form T1135. Penalties are significant for failure to fileโeven when no tax is owed.
๐ How do Canadian departure rules affect me if I move abroad?
You may be subject to deemed disposition tax on your worldwide capital property. We file T1243, T1244, and T1161 to report and possibly defer the tax under subsection 220(4.5).
๐ Do I need a Canadian tax ID number (ITN or NR number)?
๐ Non Resident Tax Advisor Downtown Toronto
Yes. If you’re a non-resident earning Canadian income or selling property, you will need an Individual Tax Number (ITN), Non-Resident Account (NR), or Business Number (BN) depending on your activity.
๐ What are the consequences of non-compliance for non-residents?
Penalties include:
- 10%โ20% penalties for not withholding Part XIII tax
- $2,500 per unfiled T1135 or T1142
- Delayed access to sale proceeds or rent payments
- CRA audit risk and international information exchange consequences (under CRS/FATCA)
๐ Does Canada share tax information with other countries?
๐ Non Resident Tax Advisor Downtown Toronto
Yes. Under CRS (Common Reporting Standard) and FATCA (for U.S. persons), Canada exchanges tax data with dozens of jurisdictions. This includes bank accounts, real estate transactions, and income reporting.
๐ Can I still file late returns as a non-resident?
Yes. Toronto Tax Consulting assists clients in preparing and filing voluntary disclosures, late T2062s, and retroactive NR5 / Section 216 returns. In many cases, weโve helped clients obtain taxpayer relief and avoid interest or penalties.
๐ What international jurisdictions do you specialize in?
We have direct experience with:
- ๐บ๐ธ U.S. โ Dual returns, FATCA, 1040NR, IRS coordination
- ๐ฌ๐ง U.K. โ HMRC issues, UK domicile law, treaty optimization
- ๐ซ๐ท France โ Wealth tax, real estate, treaty Article XIII
- ๐ฉ๐ช Germany โ Heir taxation, capital gains, BZSt filings
- ๐ฎ๐ณ India โ NRO/NRE planning, Black Money Act
- ๐จ๐ณ China โ Cross-border trust structuring and remittances
- ๐ธ๐ฌ Singapore โ Real estate & investment structuring
- ๐ฏ๐ต Japan โ Exit tax, inheritance planning
๐ What services does Toronto Tax Consulting offer non-residents?
๐ Non Resident Tax Advisor Downtown Toronto
- Corporate and Real Estate Structuring for Non-Resident
- Residency Determinations (NR73/NR74)
- T2062 Certificate of Compliance
- Section 216 & 217 Filings
- NR4 & Part XIII Withholding Assistance
- Trust & Estate Non-Resident Tax Filings
- CRA Voluntary Disclosures
- Departure & Exit Tax Planning
- T1135, T1141, T1142 Compliance
Locations
๐ Non Resident Tax Advisor Downtown Toronto
๐จ๐ฆCanadian Offices
| Downtown Toronto (Bay & Queen) Toronto Tax Consulting ๐401 Bay St, Suite 1600 Toronto, ON M5H 2Y4 ๐ 416-628-7824 Ext.2 | Downtown Toronto (Yonge & Dundas) Toronto Tax Consulting ๐1 Dundas St W, Suite 2500 Toronto, ON M5G 1Z3 ๐ 416-628-7824 Ext.2 |
| Downtown Toronto International Tax Advisor Office ๐161 Bay St, 27th Floor Toronto, ON M5J 2S1 ๐ 1-800-693-5950 | Midtown Toronto (Yonge & St.Clair) Toronto Tax Consulting ๐2 St. Clair Ave W, 18th Floor Toronto, ON M4V 1L5 ๐ (647) 951-2348 Ext.2 |
| Downtown Toronto (Yonge & Bloor) Toronto Tax Consulting ๐2 Bloor Street West, Suite 700 Toronto, ON M4W 3E2 ๐ (647) 951-2013 Ext.2 | Etobicoke, ON Etobicoke Tax Consulting ๐3250 Bloor St W, Suite 600 East Tower Etobicoke, ON M8X 2X9 ๐ 1-800-717-4162 Ext.2 |
| North York, ON (Yonge & Sheppard) North York Tax Consulting ๐4711 Yonge St, 10th Floor Toronto, ON M2N 6K8 ๐ 416-628-7824 | Mississauga, ON (Square One) Mississauga Tax Consulting ๐4 Robert Speck Parkway, Suite 1500 Mississauga, ON L4Z 1S1 ๐ 1-888-905-7577 |
| Oakville, ON Toronto Tax Consulting ๐2010 Winston Park Dr, Suite 200 Oakville, ON L6H 5R7 ๐ 1-888-905-7577 | Markham, ON Markham Tax Consulting ๐15 Allstate Parkway, Suite 600 Markham, ON L3R 5B4 ๐ 416-628-7824 |
๐บ๐ธ U.S. Offices
| New York, NY Toronto Tax Consulting ๐100 Park Avenue, Suite 1600 New York, NY 10017 ๐ 646-995-5187 | Chicago, IL Toronto Tax Consulting ๐30 S Wacker Dr, Suite 2200 Chicago, IL 60606 ๐ 1-800-717-4162 |
| Washington, DC Toronto Tax Consulting ๐1200 G St NW, Suite 800 Washington, DC 20005 ๐ 1-800-693-5950 | Pasadena, CA Toronto Tax Consulting ๐Century Square, 155 N Lake Ave, Suite 800 Pasadena, CA 91101 ๐ 1-800-693-5950 |
| Miami, FL Toronto Tax Consulting ๐201 South Biscayne Boulevard Miami, FL 33131 ๐ 1-800-693-5950 |
๐ฌ๐ง European Offices
| London, UK Toronto Tax Consulting 37th Floor, Canary Wharf, 1 Canada Square London, E14 5AA, United Kingdom ๐ +44 20 3885 6292 |
