Tax impacts of renting your cottage, selling U.S. property
Thinking about putting that cottage up for sale? Plenty of
people are thinking of cashing in, given the high demand –
and commensurately higher prices – for out-of-town properties
during the pandemic. But that sale could come with a host of
unwanted side effects. No, not mosquitoes, but taxes. Last time I
outlined the tax effects of a cottage sale and the ins and outs of
transferring a property to a family member. This time, we’ll
look at the implications of renting out your piece of paradise, and
what to do with a property south of the border.
Renting out your second home
If your cottage is not your principal residence, the proceeds of
any sale could be subject to capital gains tax. If so, you may want
to consider a scenario where your second home doubles as a rental
property. And from my desperate searches on VRBO and AirBNB,
renting your cottage over the summer can also net you quite a
windfall these days.
Moreover, even though such rental income is taxable, you are
entitled to claim applicable expenses (including any mortgage
payments). Often, these expenses can really mount up and may put
you into an overall loss position (although maybe not this summer,
given the premium rents cottages are commanding). But, any losses
are potentially available to shelter other sources of income, be it
from your job or other sources. (Note, though, that if the second
home is a farm, there are usually restrictions on the amount of
annual losses that can be claimed, known as “restricted farm
But for those who are tempted to pile up the write-offs on
rentals, a word of warning: The Canada Revenue Agency (CRA) has
been known to carefully monitor taxpayers who consistently claim
rental losses over a period of several years, and may well attack
your claim based on the premise that there must be a reasonable
expectation of profit. Although this line of attack was generally
shot down by the Supreme Court of Canada in two landmark cases
(Stewart and Walls), the cases drew an exception for
properties that involve an element of personal use. So CRA can
– and will – still attack.
Selling property south of the border
Other complications may arise if the second home is located
outside of Canada, particularly in the U.S.
Withholding tax. If you sell U.S. real estate,
there is a U.S. withholding tax. The tax withheld may be offset
against U.S. tax payable on the capital gain. Happily, there is no
withholding if the sale price is less than US$300,000 and the
purchaser intends to use the property as a principal residence.
However, the gain on the sale will still be taxable in the U.S.,
and you will have to file a U.S. tax return. (It is also possible
to go through certain procedures to reduce the withholding.)
Your papers, please. On a sale of your real
estate, you will need to provide an Individual Taxpayer Identity
Number (ITIN) to the transfer agent. This will be so, even if there
is no withholding tax due. The sale cannot close without both the
vendor and purchaser providing an ITIN. In addition the Internal
Revenue Service (IRS) will not issue a receipt for the withholding
tax paid unless both the vendor and purchaser provide an ITIN. An
ITIN can be obtained by filing Form W-7 with the IRS. Warning: This
is at least a six-week process.
U.S. tax filing. If you sell your U.S. home,
you will have to file a U.S. tax return to report the gain (a
credit may be claimed for tax withheld under the U.S. Foreign
Investment Property Tax Act (FIRPTA). This filing is required
even where there is no withholding tax due.
The current capital gains rate in the U.S. for individuals is
currently 15% if held for a long time, and the gain is under
$445,800; for those with gains above that, the capital gains rate
is 20%; however, the Biden Administration has proposed an increase
of this rate to just over 39% for those who have income over
$1,000,000 (which is well over the Canadian tax rate of 26.7%). So,
depending on the amount of the gain on your U.S. property, your
U.S. tax bill can be higher than your Canadian tax bill.
If you have owned the U.S. property since before Sept. 27, 1980,
you can take advantage of the Canada-U.S. Tax Treaty to reduce the
gain. In this case, you will have to pay tax only on the gain that
accrued since Jan. 1, 1985 (this does not apply to business
properties that are part of a permanent establishment in the U.S.).
To claim this treaty benefit, you have to make the claim on your
U.S. tax return and include specific information about the
Foreign tax credit. Any U.S. tax paid on the
sale of the property will generate a foreign tax credit, which you
can then use to reduce your Canadian tax on the sale. Note: This
tax credit may be limited if you use your principal residence
exemption to reduce your Canadian gain.
Previously published in The Fund Library on July 13,
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.