Several questions arise in the case of non-residents who sell real estate in Canada.

In recent months, we have witnessed a significant increase in real estate transactions and, more specifically, transactions involving the sale of properties by non-residents of Canada.

This type of transaction is governed by specific tax rules and this article aims to demystify the role of the various stakeholders in terms of tax compliance.

Non-resident sellers’ responsibilities

Non-residents who dispose of real property located in Canada must notify the tax authorities of the disposition. This notification will enable them to obtain certificates of compliance attesting that everything is in order from a tax perspective.

The notification forms T2062 (federal) and TP 1097 (Quebec) are used to determine the capital gain on the sale of the property and the corresponding tax instalment to be paid to the tax authorities to obtain the certificates of compliance. The tax instalment is generally 37.875% of the capital gain for property located in Quebec.

Note, however, that the tax instalment to be paid will be higher in the case of a rental property for which capital cost allowance has been claimed in the past and the non-resident seller will also have to file federal Form T2062A.

Non-resident sellers may send this notice before the planned date of sale based on an intent to purchase (future disposition) and no later than 10 days after the signing of the deed of sale (actual disposition).

Non-resident sellers who do not meet this legal requirement may be subject to a penalty of up to $5,000 ($2,500 at the federal level and $2,500 in Quebec).

Note: Non-resident sellers are required to file an income tax return by April 30 of the year following the year in which the sale took place to report the capital gain and calculate the actual tax on the capital gain according to the progressive tax table for individuals. If the actual tax is less than the installment paid at the time of the transaction, they can claim a refund for the difference.

Buyers’ responsibilities

The buyer guarantees payment of the capital gains tax instalment. If the seller does not obtain the certificates of compliance prior to the sale, the buyer will be responsible for withholding an amount corresponding to 37.875% of the sale price at the time of signing the sales contract. This amount must be paid to the tax authorities, on behalf of the non-resident seller, within 30 days following the end of the month in which the property is acquired. A buyer who fails to do so becomes personally liable to pay the tax resulting from the transaction. The withholding tax amounts to 80% (50% at the federal level and 30% in Quebec) if the property is a rental property.

Central role of the notary and tax advisor

The notary who represents the buyer in the transaction and the tax specialist who is mandated by the seller play a central role in this process.

It is the notary’s professional responsibility to ensure that buyers fulfill their withholding tax obligations and to advise sellers of their responsibility to file applications for certificates of compliance.

The tax advisor explains the importance for the non-resident seller of filing applications for certificates of compliance, which will reduce withholding tax on the proceeds of sale and avoid significant penalties for failure to file the prescribed forms. The tax specialist also assists the non-resident seller in preparing the applications and calculating the capital gain and taxes to be paid.

In conclusion, in real estate sales transactions involving non-resident sellers, the notary works with the sellers’ tax advisor to ensure compliance with the specific tax requirements for this type of transaction.

Our team of international tax experts offers personalized assistance based on the specifics of each transaction. Contact us to speak with one of our specialists.

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When public gatherings were banned, the lights went dark on the entertainment and culture industry. Many companies suddenly found themselves facing serious financial troubles and an uncertain future.

Like many economic sectors in Quebec, the entertainment and culture industry has had to reinvent itself in recent months and find creative ways to reopen. Even though the industry has always had to contend with changing conditions, this is the first time it has had to close its doors on a global scale.

And yet, demand for content has increased. People locked down at home have taken their social activities online. Television viewership and online gaming consumption has spiked. The crisis has highlighted the importance of culture in social wellbeing and that’s why it needs to play a major role in the economic recovery.

Assistance programs

Cinemas, theatres, museums, festivals, and television and movie producers—none of these businesses are able to operate as usual due to physical distancing directives. That’s why so many are relying heavily on assistance programs.

Nearly $500 million has been granted to support this major industry in Quebec. Bolstered by funding, organizations can think about how to survive and thrive in this new reality. Some of this funding comes from government programs managed by groups like the Canada Media Fund and the Société de développement des entreprises culturelles. With all the uncertainty surrounding the public health crisis, businesses need to keep up with new assistance programs and how these financial support measures can help them transform their offer.

Learning to adapt

In Quebec, consumers have serious reservations about heading back to live performances or in-person exhibits. In fact, most say they wouldn’t attend a festival or visit a museum in the near future, even if these options were to reopen. As a result, organizations are having to find creative ways to stay alive, connect with audiences and generate cash inflows.

One example is Théâtre La Licorne, a theatre company that sought new ways of keeping their customer base satisfied and entertained during these challenging times. With live performances out of the question, they decided to offer their customers tickets to webcasts of their performances.

Meanwhile, the Just for Laughs Festival decided to go digital by broadcasting performances on an online platform. This move enabled the annual festival to build on its reputation and reach a broader global audience. In all, they grew their customer base by 23%.

When the plug was pulled on festivals, tent and public sanitation providers like Chapiteaux Classic and Groupe Star Suites shifted their offer to hospitals. More specifically, they provided planning assistance and equipment for setting up COVID-19 screening centres.

Seizing opportunities

With so much of the population hunkering down at home, the already-popular online gaming industry saw their subscriptions soar. Since online games allow players to interact with friends and family as well as strangers, they give people a sense of accomplishment and connection through real-time communication.

After realizing just how effective games can be for building relationships and a sense of community, some gaming companies decided to fast-track production of key products to get them out faster and capitalize on growing consumer demand.

In the United States, one-third of all gaming customers are first-time subscribers. With schools and offices closed, more and more people are playing video games. For video game developers and publishers, this is the perfect time to attract new players.

Continuing to innovate and manage the crisis

The entertainment and culture is in the midst of a massive transformation, a process fraught with difficulties. To set the stage for success, each project needs to be approached with rigorous and innovative management. This is more important than ever.

In this industry, many companies plan projects at least a year in advance, a feat that’s next to impossible in the current crisis. You need careful cash management and a solid financial plan for each of your projects; your organization’s future depends on it.

Our team is well-known for its broad range of experience working with cultural organizations and television and film companies. We’re knowledgeable about the various assistance programs available, as well as the latest developments and financing and taxation affecting the culture and entertainment industry.

This article was written by Alain Lacasse , CPA, CA, assurance partner.

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Would you like to reduce your income taxes? Although tax planning should be a year-long activity, there is still some time left to implement a few tax strategies that will help reduce your tax bill.

Furthermore, certain measures coming into effect as of 2020 should be taken into consideration.

The following are a few simple, effective strategies that can be implemented before the end of 2020 or early 2021. Don’t hesitate to contact your Raymond Chabot Grant Thornton advisor who can help you determine the measures that apply to your situation.

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The Grant Thornton International IFRS team has published the 2020 version of IFRS Example Consolidated Financial Statements 2020.

The IFRS Example consolidated financial statements 2020 have been updated to reflect changes in IFRS that are effective for the year ending December 31, 2020. No account has been taken of any new developments published after September 30, 2020.

In addition, given that the global COVID-19 pandemic has impacted virtually every reporting entity that exists, the 2020 version comments on information that might be relevant to disclose around the COVID-19 in the financial statements.

The Example consolidated financial statements are based on the activities and results of the illustrative corporation and its subsidiaries – a fictional consulting, service and retail entity – which have been preparing IFRS financial statements for several years. The form and content of IFRS financial statements depend on the activities and transactions of each reporting entity.

The Grant Thornton International IFRS team’s objective in preparing the Example consolidated financial statements is to illustrate one possible approach to financial reporting by an entity engaging in transactions that are typical across a range of non-specialist sectors. However, as with any example, this illustration does not consider every possible transaction and, therefore, cannot be regarded as comprehensive.

Management, as defined by the International Accounting Standards Board (IASB), is ultimately responsible for the fair presentation of financial statements and, therefore, may find other more appropriate approaches for its specific circumstances.

Dowload the document below.