"...the CRA’s response to Postmedia this week was clear: When there is a sale of any residential property from a non-resident seller to a local buyer, it is the local buyer who is required to either get a clearance certificate or hold back 25 per cent of the gains in order to pay potential capital gains taxes. This is presumably because it is much harder for the CRA to track such payments from a non-resident seller.
If the CRA determines that gains from selling assignments are subject to income tax, the withholding requirement can increase to 50 per cent.This is triggered if a seller sells multiple properties rather than just a principal residence. The CRA says for income tax, the withholding rules do not specify the residency of the buyer, but if both seller and buyer are non-residents, then the requirement applies.
"...the CRA’s response to Postmedia this week was clear: When there is a sale of any residential property from a non-resident seller to a local buyer, it is the local buyer who is required to either get a clearance certificate or hold back 25 per cent of the gains in order to pay potential capital gains taxes. This is presumably because it is much harder for the CRA to track such payments from a non-resident seller.
If the CRA determines that gains from selling assignments are subject to income tax, the withholding requirement can increase to 50 per cent.This is triggered if a seller sells multiple properties rather than just a principal residence. The CRA says for income tax, the withholding rules do not specify the residency of the buyer, but if both seller and buyer are non-residents, then the requirement applies.