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28-mar-2023-blog

Canadian real estate

Canadian real estate

Foreign nationals can freely buy and sell residential, commercial, and recreational properties in Canada. The general process is similar to that for Canadian citizens, but there are a few additional considerations for non-residents.

Purchasing Property

  • Financing: Non-residents may face stricter requirements when obtaining a mortgage from Canadian banks. A larger down payment and proof of sufficient income may be required.

  • Non-Resident Withholding Tax (NRWT): Upon selling a property, non-residents are subject to a 15% withholding tax on the total sale proceeds. This tax can be reduced or eliminated by applying for a Certificate of Compliance from the Canada Revenue Agency (CRA).

  • Foreign Investment Review Act (FIRA): Large investments in Canadian real estate by non-Canadians may be subject to review under FIRA. This applies to purchases of land, buildings, and certain types of businesses.

Selling Property

  • Non-Resident Withholding Tax (NRWT): As mentioned earlier, non-residents are subject to a 15% withholding tax on the total sale proceeds of their property.

  • Certificate of Compliance: To avoid or reduce the NRWT, non-residents must obtain a Certificate of Compliance from the CRA. This requires filing tax returns and ensuring all Canadian tax obligations are met.

  • Real Estate Agent: It is advisable to work with an experienced real estate agent who is familiar with the nuances of buying and selling property as a foreigner in Canada.

Additional Considerations

  • Currency Exchange: Be mindful of currency exchange rates when buying or selling property in a different currency.

  • Legal Advice: Consult with a lawyer to ensure you understand the legal aspects of buying and selling property in Canada, including contracts, title transfers, and tax implications.

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