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A non-resident of Canada sells a rental property in Toronto for $900,000 that was purchased for $600,000. What are the immediate tax withholding requirements under section 116 of the Income Tax Act?

Correct Answer

B) 25% withholding on the capital gain ($75,000)

Under section 116, non-residents must obtain a clearance certificate or have 25% of the capital gain withheld. The capital gain is $300,000, so 25% withholding equals $75,000. The purchaser is responsible for remitting this amount if no clearance certificate is provided.

Answer Options
A
25% withholding on the total sale price ($225,000)
B
25% withholding on the capital gain ($75,000)
C
No withholding required as it's under $1 million
D
33% withholding on the capital gain ($99,000)

Why This Is the Correct Answer

Under section 116, non-residents must obtain a clearance certificate or have 25% of the capital gain withheld. The capital gain is $300,000, so 25% withholding equals $75,000. The purchaser is responsible for remitting this amount if no clearance certificate is provided.

Deep Dive: Understanding the Answer

Under section 116, non-residents must obtain a clearance certificate or have 25% of the capital gain withheld. The capital gain is $300,000, so 25% withholding equals $75,000. The purchaser is responsible for remitting this amount if no clearance certificate is provided.

This question tests your understanding of Real Estate Taxation concepts that are commonly assessed on Canadian real estate licensing exams. The correct answer, “25% withholding on the capital gain ($75,000)”, reflects a fundamental principle that real estate professionals in Canada must understand.

Specifically, this falls under the sub-topic of Capital Gains, which is an important area within Real Estate Taxation that appears regularly on provincial licensing exams across Canada.

About Real Estate Taxation

Property tax, land transfer tax, GST/HST on real estate, capital gains, and tax planning.

Real Estate Taxation is one of the core areas covered on Canadian real estate licensing exams, including RECO (Ontario), BCFSA (British Columbia), and RECA (Alberta). Understanding these concepts is essential for anyone pursuing a career in Canadian real estate.

Study Tips for Real Estate Taxation

  • Know when GST/HST applies to real estate transactions and when it does not.
  • Understand land transfer tax calculations for your province.
  • Review the principal residence exemption for capital gains.
  • Study the tax implications of non-resident buyers (NRST).

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