Do non-residents pay capital gains tax in Canada?
Christopher Davis
Updated on March 08, 2026
Generally, capital gains are not subject to non-resident withholding tax. However, where the property you dispose of is taxable Canadian property (TCP), Canadian non-resident withholding tax may apply. Examples of TCP include Canadian real estate, Canadian resource property and Canadian timber resource property.
Are non-residents subject to capital gains tax?
Nonresident aliens are subject to no U.S. capital gains tax, and no money will be withheld by the brokerage firm. You will likely need to pay capital gains tax in your country of origin.
Can a non-resident file an LP in Ontario?
Registering an LP in Ontario is a popular option for non-residents because doing so: Allows for the creation and use of a highly prestigious Canadian business vehicle; Minimizes Canadian tax liabilities and filing obligations. An LP must be composed of one (1) general partner and at least one (1) limited partner.
Do you have to pay taxes on LPs in Canada?
As such, LPs are not required to file tax returns or pay any income tax in Canada. Canadian residents must pay personal income tax on the profits received from the LP, however non-resident partners have no tax liability in Canada (except to the extent that the profits of the LP are derived from certain Canadian sources).
Can a non-resident partner in Canada be taxed in Canada?
However, no reduction is permitted in respect of payments to a resident partner, even for amounts that may not be taxable to the partner. In 2010, the CRA released new forms to assist Canadian payers in determining the appropriate rate of withholding for payments made to non-residents.
Do you have to pay taxes on a limited partnership in Ontario?
There is no withholding tax on amounts distributed to non-resident partners of an Ontario LP, but LPs are not exempt from withholding tax.