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Cross-Border Tax (U.S.–Canada)

Form 1040-NR Explained: The U.S. Return for Nonresidents

Who files, the two kinds of U.S. income, the rental election, the deductions, and the deadline

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

Form 1040-NR is the U.S. return for nonresident aliens, including Canadians, with U.S. income to report: a U.S. business or rental, U.S. wages, over- or under-withheld U.S. income, or a property sale. It taxes effectively connected income at graduated rates on the net, and fixed or periodic income at a flat 30 percent or the treaty rate on the gross.

On this page
  1. The two kinds of income
  2. Who files
  3. The rental election
  4. Deductions and limits
  5. Deadline
  6. Frequently asked questions
  7. Related guides
  8. Official sources
  9. Next step

The two kinds of income

IncomeHow it's taxedExamples
Effectively connected with a U.S. trade or businessGraduated rates on net income, with deductionsU.S. business profits, U.S. wages, rental income with the net-basis election, gains on U.S. real estate
Fixed, determinable, annual, or periodic (not effectively connected)Flat 30 percent (or treaty rate) on gross, usually withheld at sourceDividends, interest, royalties, pensions, rents without the election

Who files

A nonresident who was engaged in a U.S. trade or business, has effectively connected income, owes tax not fully withheld, wants a refund of over-withholding (FIRPTA, rent withheld at 30 percent), claims treaty benefits requiring a return, or sold U.S. real estate. A nonresident whose only U.S. income was dividends correctly withheld at the treaty rate generally needn't file.

The rental election

A Canadian with U.S. rental property can elect under section 871(d) to treat the rental as effectively connected — taxed on the net after expenses and depreciation instead of 30 percent of gross rent — by attaching an election statement to the first Form 1040-NR, giving the property manager Form W-8ECI and filing Form 1040-NR every year (the snowbird guide). The election is nearly always worth making.

Deductions and limits

Nonresidents deduct only expenses connected with effectively connected income, plus a few itemized deductions (state and local income taxes within the SALT cap, charitable contributions to U.S. organizations, casualty and theft losses); they can't take the standard deduction (students and business apprentices from India excepted, under that treaty), can't file jointly, and get no personal exemption — the exemption amount is zero, permanently under P.L. 119-21. The treaty's charitable rule for Canadian residents (Article XXI(7)) works on the Canadian return: gifts to U.S. charities earn Canadian credit up to a limit computed on U.S.-source income.

Deadline

April 15 if the nonresident had wages subject to U.S. withholding; otherwise June 15. Form 4868 extends either deadline by six months — to October 15 or December 15.

Frequently asked questions

Do Canadians need to file a U.S. tax return?

Only if they have U.S. income that requires one — a U.S. business, U.S. wages, a rental (with the net-basis election), a U.S. property sale, or over-withheld tax to recover.

What is effectively connected income?

Income connected with a U.S. trade or business — taxed on the net at graduated rates on Form 1040-NR.

Should I make the rental election?

Almost always — tax on net rental income is far lower than 30 percent of gross rent.

When is Form 1040-NR due?

June 15 for most Canadians without U.S. wages; April 15 if they had U.S. wages with withholding.

Official sources

The IRS explains: “You may need to file Form 1040-NR if you: Were a nonresident alien engaged in a trade or business in the United States.” — Internal Revenue Service, About Form 1040-NR, U.S. Nonresident Alien Income Tax Return, https://www.irs.gov/forms-pubs/about-form-1040-nr

Next step

Fairlight Accounting is a cross-border accounting and tax practice with a U.S. Tax Desk and a Canadian Tax Desk. Our U.S. Tax Desk and Canadian Tax Desk handle Form 1040-NR preparation for Canadians — effectively connected income, section 871(d) rental elections, treaty claims, FIRPTA sale-year returns, and refunds of over-withheld tax. 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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