For Non Canadian Buyers

Who is a Non Canadian Resident?

The term “resident” is not defined in the Income Tax Act, however, the courts have held “residence” to be a “matter of the degree to which a person in mind and fact settles into or maintains or centralizes his ordinary mode of living with its accessories in social relations, interest and conveniences at or in the place in question.” The courts have held that an individual is “ordinarily resident” in Canada for tax purposes if Canada is the place where the individual, in the settled routine of his or her life, regularly, normally or customarily lives. In making a determination of residence status, all of the relevant facts in each case must be considered, including residential ties with Canada and length of time, object, intention and continuity with respect to stays in Canada and abroad.

Non Canadian Resident Purchases

  • There are no restrictions for a non Canadian resident purchase, nor are there tax implications or extra fees payable.
  • A non Canadian resident may purchase as many properties as they wish.
  • Non-residents of Canada are subject to tax on various kinds of income paid to them, including rental income. A tax return must be filed each year.
Please remember that the Income Tax Act frequently changes, and there are often new cases dealing with the issues set out above. While we try to keep out website as current as possible, please do not rely on the above without talking to your lawyers and accountants.