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Cross-Border Tax (U.S.–Canada)

Part XIII Withholding Explained: Canada's Non-Resident Tax

The 25 percent default, the treaty rates for U.S. residents, NR301, NR4 slips, and the elections that replace it

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

Part XIII tax is Canada's flat withholding tax on certain income paid to non-residents — dividends, rents, pensions, RRSP and RRIF withdrawals, and royalties. The default rate is 25 percent of the gross amount; the treaty reduces it for U.S. residents who provide Form NR301. The payer reports it on an NR4 slip, and it's usually the final Canadian tax.

On this page
  1. Rates for U.S. residents under the treaty
  2. How it works
  3. When a Canadian return changes it
  4. Frequently asked questions
  5. Related guides
  6. Official sources
  7. Next step

Rates for U.S. residents under the treaty

IncomeDefaultTreaty rate
Dividends (portfolio)25%15%
Dividends (company owning 10%+ of voting stock)25%5%
Arm's-length interestExempt domesticallyExempt
Related-party interest25%0% (participating interest: 15%)
Periodic pension and RRIF payments25%15%
Lump-sum RRSP or RRIF withdrawals25%25%
Rent (gross)25%25% — use the section 216 election for net
Royalties25%10%; 0% for copyright (not film/TV), software, and patent or know-how payments
CPP and OAS25%0% (taxed only in the U.S.)
Estate or trust income distributions25%15%
Management or administration fees25%0% if no Canadian permanent establishment (business profits)

How it works

The non-resident files Form NR301 with each payer (bank, broker, RRIF administrator, property manager) to claim the treaty rate; without it or equivalent residence information, the payer generally withholds the full 25 percent. The payer withholds, remits by the 15th of the month after the payment, and files the NR4 slips and NR4 Summary — giving the recipient a copy — by March 31 of the following year. The U.S. resident claims the Canadian tax as a foreign tax credit on Form 1116.

When a Canadian return changes it

ElectionEffect
Section 216Rental income taxed on the net instead of 25 percent of gross (the T776 guide)
Section 217Pension-type income taxed at graduated rates if that's lower (the section 217 guide)
Refund request (NR7-R)Recovers excess or incorrectly withheld Part XIII tax; the CRA must receive it within two years after the end of the calendar year the tax was remitted

Frequently asked questions

What is Canada's withholding rate for non-residents?

25 percent by default; reduced by the treaty for U.S. residents with Form NR301 on file.

How much is withheld on my RRIF payments if I live in the U.S.?

15 percent on periodic payments; 25 percent on lump sums.

Can I get back Part XIII tax that was over-withheld?

Yes — through an NR7-R refund application for the wrong rate, or a section 216 or 217 return where those apply.

Is Part XIII tax creditable in the U.S.?

Yes, as a foreign tax credit on Form 1116.

Official sources

The Canada Revenue Agency explains: “As the Canadian payer or withholding agent, you are responsible for withholding and remitting Part XIII tax, and for reporting the income and withholding tax on an NR4 information return.” — Canada Revenue Agency, NR4 – Non-Resident Tax Withholding, Remitting, and Reporting, https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/t4061/nr4-non-resident-tax-withholding-remitting-reporting.html

The Canada Revenue Agency explains: “Completing Form NR301 is not mandatory. However, if a non-resident refuses to provide certification of beneficial ownership, residency, or eligibility for treaty benefits after being asked to do so by a payer, the full statutory rate should be withheld, under the assumption that treaty benefits do not apply.” — Canada Revenue Agency, More information on forms NR301, NR302, and NR303, https://www.canada.ca/en/revenue-agency/services/forms-publications/information-on-forms-nr301-nr302-nr303.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 Part XIII withholding reviews, NR301 documentation, NR7-R refund applications, and section 216 and 217 returns. See pricing or book a call.

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

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