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The short version: under Section 116 of Canada's Income Tax Act, when a non-resident of Canada sells Canadian real estate, the buyer is legally required to withhold a share of the sale proceeds and remit it to the CRA — unless the seller has obtained a clearance certificate in advance. This can mean a large portion of the proceeds gets held back at closing if it isn't planned for ahead of time.

Why this applies to estate sales specifically

This rule isn't about estates specifically — it applies to any non-resident selling Canadian real property. But it comes up constantly in estate situations, because beneficiaries who inherit a BC property often live outside Canada, and the sale of that inherited home triggers these same withholding rules, regardless of how the property was acquired.

How the withholding actually works

Why timing matters enormously here: applying for a clearance certificate takes real time with the CRA — this is not something to start the week before closing. Mark Jontz flags this immediately whenever a non-resident beneficiary is involved, specifically so there's enough runway to apply for the certificate and avoid a large, unnecessary chunk of the sale proceeds being tied up with the CRA longer than it needs to be.

What this means practically for the sale

This doesn't prevent a sale from happening — it's a tax administration matter that needs to be planned into the timeline, usually in coordination with an accountant experienced in non-resident taxation, alongside the estate lawyer handling the broader file. The buyer's lawyer will also want clarity on this before closing, since the buyer carries real liability if withholding isn't handled correctly.

A note on who this affects

This applies based on the seller's residency status for tax purposes, not their citizenship — a Canadian citizen who has become a non-resident for tax purposes is still subject to these rules when selling Canadian property. If there's any uncertainty about a beneficiary's residency status, that's worth clarifying with an accountant early, since it directly determines whether these rules apply.

This page provides general information and is not legal advice. Every situation is different — please consult a lawyer or notary about your specific circumstances.

Common Questions

Non-Resident Beneficiary: Tax Withholding — FAQ

Does this apply even though the property is being inherited, not purchased?
Yes — Section 116 withholding applies to any non-resident selling Canadian real property, regardless of how they acquired it. An inherited BC home is treated the same as any other property sale for these purposes.
How much of the sale proceeds can be withheld?
A significant percentage of the gross sale price can be withheld by default if no clearance certificate is obtained in advance — the exact current rate should be confirmed with an accountant or the CRA directly at the time of sale, since these rules are periodically updated.
What is a clearance certificate and why does it matter?
It's CRA confirmation (obtained via form T2062) that a non-resident seller has paid or secured the tax actually owing on the sale — having one in place can significantly reduce how much gets withheld at closing compared to the default statutory amount.
How early should a non-resident beneficiary start this process?
As early as possible — applying for a clearance certificate takes real processing time with the CRA, and starting late can mean a large portion of the sale proceeds sits withheld far longer than necessary.
Who is actually responsible for withholding the tax — the buyer or the seller?
The buyer is legally required to withhold and remit the tax if no clearance certificate is in place. This is also why buyers and their lawyers pay close attention to a seller's residency status before closing — the buyer can become personally liable if it's handled incorrectly.
Non-Resident Beneficiaries

Is a beneficiary on this sale living outside Canada?

Tell us the situation early — timing matters a lot here, and we'll help make sure it's planned for correctly from the start.

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