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A non-resident of Canada sells an Alberta property. What specific tax obligations apply to this transaction?

Correct Answer

C) Without a Section 116 clearance certificate under the Income Tax Act, the buyer must withhold 25% of the gross price for CRA

When a non-resident of Canada sells Alberta real estate, Section 116 of the Income Tax Act requires the buyer (or their lawyer) to withhold up to 25% of the gross sale price and remit it to the CRA unless the seller obtains a clearance certificate. The non-resident seller must also file a Canadian tax return to report the disposition and pay any capital gains tax owing.

Answer Options
A
Non-residents pay only Alberta property taxes, since the annual municipal levy is the only tax Canada imposes on foreign owners
B
Non-residents are exempt from Canadian taxes on Alberta property sales, because tax treaties assign the gain entirely to the country where the seller lives
C
Without a Section 116 clearance certificate under the Income Tax Act, the buyer must withhold 25% of the gross price for CRA
D
Non-residents pay double the normal capital gains tax, a surcharge the buyer's lawyer collects from the sale proceeds at closing

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Key Terms

Section 116non-resident withholdingclearance certificateCRA
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