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Cross-Border Tax (U.S.–Canada)

Canadian Tax Return for Non-Residents Explained

When non-residents must file, the elective returns, refunds, the surtax, and the deadlines

Reviewed by the Fairlight Accounting cross-border tax team — U.S. & Canadian Tax Desks

A non-resident of Canada files a Canadian return only for certain Canadian-source income: employment in Canada, a business carried on in Canada, or a sale of taxable Canadian property such as real estate. Elective returns cover rent (section 216) and pensions (section 217). Income not earned in a province bears a federal surtax instead of provincial tax.

On this page
  1. Which return
  2. How tax is computed
  3. Deadlines
  4. Frequently asked questions
  5. Related guides
  6. Official sources
  7. Next step

Which return

SituationReturn
Employment income earned in CanadaNon-resident T1, reporting that income (provincial tax by province of work)
Business carried on in CanadaNon-resident T1 (a corporation files a T2)
Sale of Canadian real estate or other taxable Canadian propertyNon-resident T1 reporting the gain (the section 116 guide)
Canadian rentSection 216 return — net rent at graduated rates (the T776 guide; the NR6 guide)
Canadian pensions, RRSP/RRIF, CPP/OASSection 217 return — optional (the section 217 guide)
Only Part XIII income correctly withheldNo return needed
Over-withheld Part XIIIRefund application (NR7-R)

How tax is computed

Federal tax at graduated rates on the reported Canadian income; all non-refundable credits are allowed only if 90 percent or more of net world income is reported on the return (section 118.94) — otherwise only a few remain, such as CPP/EI contributions, the disability amount, tuition, student-loan interest, and donations; a federal surtax of 48 percent of basic federal tax (section 120(1)) replaces provincial tax on income not earned in a province.

Deadlines

April 30 for most non-resident returns (June 15 if you or your spouse or common-law partner carried on business in Canada, though any balance is still due April 30); section 216 returns within two years after the year-end (December 31, 2027 for 2025 rent), or by June 30 if the CRA approved an NR6 for the year — April 30 if reporting CCA recapture after a sale; section 217 returns June 30, with any balance due April 30.

Frequently asked questions

Do non-residents have to file a Canadian return?

Only for Canadian employment, business income, or a sale of taxable Canadian property — or to elect under section 216 or 217.

Do I file a Canadian return for my RRIF payments?

Not required — withholding is final — but a section 217 return can reduce the tax.

What tax rates apply to non-residents?

Federal rates plus a surtax instead of provincial tax, with limited credits.

When is the return due?

April 30 for most; June 30 for section 217 returns and for section 216 returns under an approved NR6 (otherwise within two years).

Official sources

The Canada Revenue Agency explains: “Even if the payer deducts tax from your income or you pay an amount of tax during the year, you may also have to file a Canadian income tax return to calculate your final tax obligation to Canada on any of the following” — Canada Revenue Agency, Non-residents of Canada, https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/individuals-leaving-entering-canada-non-residents/non-residents-canada.html

Next step

Fairlight Accounting is a cross-border accounting and tax practice with a U.S. Tax Desk and a Canadian Tax Desk. Our Canadian Tax Desk handles non-resident Canadian returns — employment, business, property sale, section 216, and section 217 filings and refund applications. See pricing or book a call.

Cross-border taxes, handled in one place

U.S. and Canadian filings prepared together by our U.S. and Canadian Tax Desks.

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