Are you a Canadian who recently sold a property in the United States? Did you know that you may be eligible to claim back some of the withholding taxes that were deducted from the sale proceeds? In this post, we will provide you with everything you need to know about claiming back withholding taxes for Canadians selling US real estate.

First, let’s start with some basic information. When a non-US resident sells real estate in the United States, the buyer is required to withhold a portion of the sale proceeds as tax. This is known as the withholding tax, and the rate is typically 15% of the sale price. The withheld tax is then paid to the Internal Revenue Service (IRS) on behalf of the seller.

However, Canadians are able to take advantage of the Canada-US Tax Treaty, which reduces the withholding tax rate to 0% for Canadians who meet certain criteria. To qualify for the reduced withholding tax rate, Canadians must provide the buyer with a completed Form W-8BEN, which certifies that the seller is a Canadian resident and provides their taxpayer identification number.

But what if you didn’t provide the buyer with a completed Form W-8BEN? Or what if you provided the form, but the buyer still withheld taxes from the sale proceeds? In these cases, you may be able to claim back the withholding taxes that were deducted.

To do so, you will need to file a US tax return with the IRS. Specifically, you will need to file Form 1040NR, which is the tax return for nonresident aliens. On this form, you will report the sale of your US property and calculate the correct amount of tax that should have been withheld based on your eligibility for the reduced withholding tax rate.

If the amount of tax that should have been withheld is less than the amount that was actually withheld, you will be entitled to a refund of the difference. However, it’s important to note that the process for claiming back withholding taxes can be complex, so it’s recommended that you seek the assistance of a qualified tax professional.

In summary, Canadians who sell real estate in the United States may be eligible to claim back withholding taxes that were deducted from the sale proceeds. To do so, you will need to file a US tax return and demonstrate that you were eligible for the reduced withholding tax rate under the Canada-US Tax Treaty. If you need assistance with this process, it’s recommended that you seek the help of a qualified tax professional.

We hope that this post has provided you with everything you need to know about claiming back withholding taxes for Canadians selling US real estate. If you have any further questions, don’t hesitate to contact us.