Who files Form NR5?

  • 15+Years of cross-border experience
  • 18,000+Clients served
  • 5.0Google rating
  • 4Global offices — India, USA, Canada & UAE
  • 24-hour helpline: +1 (416) 619-0068
  • Fixed fee agreed before work starts
  • 18,000+ clients served
Answer

Non-residents receiving Canadian pension or annuity income who expect an elective return to produce a refund every year. The obligation is decided by facts rather than by tax owing, which is why a nil position does not remove it.

The rule on who files

Non-residents receiving Canadian pension or annuity income who expect an elective return to produce a refund every year.

The team at work in the open-plan office

The exception worth knowing

Approved, it stops the annual over-withholding at source and covers a multi-year period, with an undertaking to keep filing the elective return. It is the difference between recovering money and never lending it.

Who files Form NR5?
ItemAmount
Gross amount receivedC$40,000
Withheld at source (assumed 26% of gross)C$10,400
Deductible costsC$27,600
Net amount actually earnedC$12,400
Tax on the net amount (assumed graduated result)C$2,976
Difference recoverable by filingC$7,424

Filing on a net basis recovers C$7,424 of the C$10,400 withheld. That difference is the entire reason the elective return exists, and it is lost by not filing.

These amounts illustrate the mechanism only. The rates and thresholds are assumptions of the example, not your numbers: each is checked against the issuing authority for your specific tax year before any return is filed.

How to get this moving

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on NR5 — reduced Part XIII withholding. If that describes your position, the next step is a short call — not a form.

Reviewed for accuracy for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. General information, not advice for your circumstances — call our 24-hour helpline to discuss your own position.

Who has to file US tax return, in practice

The subject here is Form NR5, which is what people mean when they search for who has to file US tax return. This page covers who it applies to, the filings it produces, and the fixed fee agreed before work begins.

Cross-border situations we are engaged for

Case study 1

A retiree in Portugal moving from annual refunds to reduced withholding

A client had filed the elective return for several years and received a refund every time, because the withholding was applied to the pension payment while the tax was calculated on a much lower net figure. We projected the tax the coming years would produce from the pension record and the deductions the return had been claiming, applied for a reduction on those projections, and passed the approval to the payer. The engagement produced an approved reduction covering a multi-year period, a monthly payment that reflects the tax actually owed, and a filing calendar for the returns the approval depends on.

Read how this one runs
Case study 2

Two pension payers brought under one reduced withholding approval

A recipient abroad had income from a former employer's plan and from a registered arrangement held with an insurer. Each payer withheld on its own payment, so the combined withholding bore no relation to the tax a single return would show. The order of work was projection first, payers second: we built one expected tax position across both streams, applied on that basis, and then instructed each payer separately once the approval issued. The engagement produced one approval covering both payments and a confirmation from each payer that the reduced rate had been put in place.

Read how this one runs
Case study 3

An application built after a change of country of residence

A client had moved from one treaty country to another and assumed the withholding on their Canadian annuity would follow. It did not, because nothing had told the payer anything had changed. We established the date residence changed and what the new position supported, prepared the application on the projection for the years ahead, and dealt with the part-year in the return rather than in the application. The engagement produced an approval reflecting the current country of residence, a corrected instruction to the payer, and a filed return for the year of the move.

Read how this one runs
Case study 4

Building a first elective return for a recipient who had never filed

A pension recipient living abroad had never filed anything in Canada and had no idea whether they were over-withheld. There was no filing history to project from, so the first task was to find out. We prepared the elective return for the most recent year from the payment slips and the deductions available, which established both a refund and a pattern. The application followed on those figures. The engagement produced a filed return, a recovery of the over-withheld tax for that year, and an application resting on a return that had actually been assessed rather than on an estimate.

Read how this one runs
Case study 5

A survivor pension added to an existing approved reduction

A client with an approved reduction began receiving a survivor pension from their spouse's plan. The new payment arrived withheld at the full rate and the existing approval said nothing about it, because it had not existed when the projection was made. We revised the expected tax position to include the new stream, reported the change rather than waiting for the next cycle, and had the reduction reset across both payers. The engagement produced an updated approval covering the combined income and a single projection the client can test each year against their own statements.

Read how this one runs
Case study 6

An application declined on projections and refiled with better evidence

A first application had been refused because the expected income and deductions were asserted rather than supported, and the projection did not tie to anything on file. We started again from documents: the payer's statements, the deductions the client could actually evidence, and the assessments for the years already filed. The refiled application showed the same conclusion with each figure traceable to a source. The engagement produced an approval for the following period, a documented projection method the client can reuse at renewal, and a clear record of why the first attempt failed.

Read how this one runs
Case study 7

Putting a Foreign Hire on a Canadian Payroll

The obligation sits on the payer, and the payer is liable for what it failed to withhold. Registration, the residence question and any treaty exemption are settled before the first pay run rather than after.

Read how this one runs
Case study 8

An Indian Company Paying a Foreign Supplier

Payments abroad carry deduction at source and a certification filed before the money moves. Whether the treaty reduces the rate depends on what is being bought, and the classification is the decision the whole filing rests on.

Read how this one runs

All case studies — every published engagement in one place.

Core International & Cross-Border Tax Services

International Tax Planning & Advisory

Strategy and compliance for income, assets and families spread across borders.

One coordinating team: filings on every side of the border are sequenced so treaty relief and foreign tax credits are claimed once — and in the right country.

U.S. & Cross-Border Tax Returns

Dual filers: U.S. citizens in Canada and Canadians with U.S. income run two parallel systems — we prepare both, in the right order, every year.

Expat & Emigration Tax

The move year is its own project: the elections and valuations filed that year decide the next decade of both countries’ returns.

Non-Resident Canadian Tax

Default withholding is 25% of gross: elective returns routinely turn over-withheld rent and pensions into refunds.

Transfer Pricing & BEPS

Documentation prepared with the return is the cheapest insurance in international tax; reconstructing it during an audit is the most expensive.

Cross-Border Estates & Trusts

Wills drafted for one country routinely misfire in the other — deemed disposition here, estate tax there, credits in between.

Cross-Border Corporate Tax

Expansion raises the same four questions every time — entity, PE, repatriation, payroll. We answer them before the tax authorities do.

India Tax for NRIs & Returning Residents

The deduction is taken on the sale price, not the gain — which is why an NRI property sale strands cash unless the certificate is applied for before closing.

Canadian Tax with a Foreign Element

Residency is decided on facts, not on a form — and the year you arrive or leave is the one where the largest amounts turn on the smallest details.

UAE Tax for Expats & Their Home Country

A zero-tax country is only half the answer — the question that decides the bill is whether the country you came from still treats you as resident.

Industries & Client Types We Serve Worldwide

Global E-commerce & Marketplaces
Technology & SaaS
Professional Services Firms
Cross-Border Real Estate
Importers, Exporters & Manufacturers
Athletes, Artists & Entertainers
Remote Workers & Digital Nomads
Investment Funds & Holding Companies

Global E-commerce & Marketplaces

  • Foreign VAT / GST / sales tax registrations
  • Marketplace withholding reviews
  • Inventory nexus & PE analysis
  • Multi-currency books reconciled
Explore E-commerce & Marketplaces

Technology & SaaS

  • Cross-border revenue sourcing & withholding
  • IP structuring with real substance
  • Equity for cross-border teams
  • U.S. expansion: entity & PE setup
Explore Technology & SaaS

Importers, Exporters & Manufacturers

  • Transfer pricing documentation (s.247)
  • Customs value vs transfer price
  • Foreign affiliate reporting (T1134)
  • Country-by-country reporting
Explore Trade & Manufacturing

Athletes, Artists & Entertainers

  • Reg 105 & U.S. CWA agreements
  • Multi-state & country calendars
  • Touring income allocation
  • Royalty & image-rights withholding
Explore Athletes & Entertainers

Remote Workers & Digital Nomads

  • Residency analysis before moving
  • Employer payroll exposure
  • Totalization & social security
  • Foreign tax credits
Explore Remote Workers

Investment Funds & Holding Companies

Holding structures live or die on treaty access, beneficial ownership and substance — the MLI's principal-purpose test now sits over every arrangement.

A holding structure is only as good as its reporting. Foreign affiliates, accrued passive income and distributions each carry their own return, and the penalties on those attach to the form rather than to any tax being owed — so a structure that saves tax can still cost money if the information returns are late.

  • Treaty access & PPT reviews
  • FAPI & surplus computations
  • Withholding-efficient routing
  • Governance & substance
Explore Funds & Holdcos

The follow-up questions on Form NR5

I live abroad and get a Canadian pension, can I reduce the withholding?

That is what the application is for. Withholding on Canadian periodic payments is applied to the payment, not to the tax you will actually owe, so a non-resident whose Canadian income is modest is routinely over-withheld. The application asks for the reduction to be set by reference to the tax the year will genuinely produce. The test of whether it is worth doing is simple and you can usually answer it yourself: if filing the elective return has produced a refund, and you expect it to keep doing so, you are lending money to the CRA every month for no reason.

Do I have to apply for reduced withholding on my pension every year?

An approval is not a single-year permission. It covers a period, and it comes with an undertaking to keep filing the elective return for the years it covers, so the annual work moves from applying to filing. That is the trade worth understanding before you start: you stop the over-withholding at source, and in exchange you accept a filing obligation you have to honour on time each year. Circumstances that change the projection during the period, a new pension, a payment stopping, a change of residence, need to be reported rather than left for the next application.

Does approval mean I no longer need to file a Canadian return?

No, and it is the most common misunderstanding we see on this form. The reduction is granted on the basis of what the elective return will show, which means the return is the mechanism the approval rests on rather than something the approval replaces. Filing it is part of the undertaking given. Practically, the reduction and the return trade places: before approval the return is what recovers money already withheld, and after approval it is what justifies the lower withholding you are receiving during the year. Skip it and the basis for the reduction disappears.

My only Canadian income is a small annuity, is the application worth it?

Work it out on your own figures before deciding. The value of an approval is the cash you stop advancing each month, multiplied by the years the approval covers, against the cost of applying once and filing each year. Where the annuity is genuinely small the refund is small too, and some clients reasonably decide to keep claiming it annually instead. Where the annuity is the whole of a modest retirement income, the over-withholding is usually a meaningful share of the monthly payment, and the answer changes. We give the fixed fee in writing before you commit either way.

Who makes the application, me or the pension plan that pays me?

The application is the recipient's. You are the person whose expected tax position justifies the reduction, so the projection, the supporting figures and the undertaking to keep filing are all yours. The payer's part comes afterwards: the plan or insurer applies whatever rate it is instructed to apply, and it needs that instruction before it can change anything, which is why an approval that does not reach the payer changes nothing in your bank account. We check that the payer has acted on it rather than assuming the approval is the end of the process.

What happens if I stop filing the elective return after being approved?

You put the approval at risk, because the undertaking to keep filing is the condition it was given on. The reduction was granted on a projection of the tax a return would show; if the return never arrives, the basis for it has gone unverified. The practical result we see is withholding reverting to the full rate on the payment, and a recipient who now has both a missing return and a cash flow change to deal with. If a year has been missed, file it before the next application or renewal rather than after.

How do I report the sale of a foreign property?

On your residence-country return, as a disposition, with proceeds and cost base converted at the rates for their own dates. Separately, the country where the property sits may require its own return and may hold back tax at closing until a clearance or certificate is issued — Canada does this for a non-resident vendor, and the United States withholds on a foreign seller of US real property. Those steps have their own deadlines, often before closing. See clearance certificates on a property sale.

Which business structure has double taxation?

The corporation — specifically a US C corporation, where profit is taxed to the company and the dividend again to the shareholder. Sole proprietorships, partnerships and LLCs treated as flow-throughs are taxed once, in the owners' hands. Across borders that tidy answer breaks: an entity treated as a flow-through in one country can be opaque in the other, which produces a mismatch neither system planned for. See LLC against corporation for Canadians.

Our practitioners are alumni of leading accounting and tax institutions

Where our partners studied — CPA Canada (In-Depth Tax Program), AICPA, the Institute of Chartered Accountants of India and the Malaysian Institute of Accountants.

Request a Quote +1 (416) 619-0068