Cost-effective Regulation 105 — waiver application

Regulation 105 — who files it, when it is due, what late filing costs, and what we charge to prepare it. Canada (CRA). Cost-effective regulation 105 with a fixed fee agreed in writing before any work starts. Call the 24-hour helpline on +1 (416) 619-0068, or request a written quote today.

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Secure a fixed quote

Start by sending whatever paperwork exists — a written fixed quote comes back before any work begins.

24-hour helpline: +1 (416) 619-0068
  • 18,000+ clients served
  • Google rating 5.0 out of 5
  • Offices in India, the USA, Canada and the UAE
In 60 words

Regulation 105 is a certificate or waiver: The waiver application that reduces or removes withholding on fees paid to a non-resident for services rendered in Canada. Non-resident service providers working in Canada, and the Canadian payers who would otherwise withhold on their gross fees.

Whether this is your situation

Non-resident service providers working in Canada, and the Canadian payers who would otherwise withhold on their gross fees.

Read this first; the rest is procedure. Withholding is on gross fees, so it frequently exceeds the eventual tax by a wide margin. The waiver — treaty-based or income-and-expense based — is applied for before the work is paid, and lead time is the binding constraint.

The firm’s founder at his desk in the Delhi office

Fixed fees for regulation 105 waiver application, agreed up front

Withholding here is taken on gross fees, so the waiver application is priced on which route it takes: a treaty-based claim on a single contract is a contained job, while an income-and-expense waiver needs the costs of the engagement assembled and defended. Lead time before the payer pays is the other thing that changes the work. Quoted in writing first.

Reg 105 or 102 waiver application — fixed-fee price

From $999

fixed, quoted before work starts

The waiver application prepared and filed before the payment or the assignment, with the treaty basis or the income-and-expense computation that supports it.
See the full fee page

Cross-border payroll setup — fixed-fee price

From $999

fixed, quoted before work starts

Registrations, source deductions and reporting in the country of work, plus the social security certificate and the day-count discipline that supports the position.
See the full fee page

Payroll & mobility setup

From $999

fixed, quoted before work starts

What an employer owes when an employee works in another country: the registrations, the withholding and the reporting that follow.
See the fee schedule

Corporate cross-border filing

From $999

fixed, quoted before work starts

The corporate return and its cross-border schedules as one engagement, so the group files a consistent position everywhere.
See the fee schedule

Individual tax filing

From $349

fixed, quoted before work starts

Individual returns where salary, investments or property sit outside the country of residence, prepared so relief is claimed once and in the right place.
See the fee schedule

Non-resident & departure filings

From $349

fixed, quoted before work starts

Returns for the year you leave, the year you arrive, and the years you earn rental or pension income from a country you no longer live in.
See the fee schedule

Foreign asset & information reporting

From $349

fixed, quoted before work starts

The reporting obligations that attach to owning something abroad, worked out from your holdings rather than from the tax return alone.
See the fee schedule

Catch-up & voluntary disclosure

From $349

fixed, quoted before work starts

Late and unfiled years, sequenced and filed together, with the relief available for the delay identified before the first return goes in.
See the fee schedule

All published fees on one page — every engagement, one list, no ranges hiding surprises.

What the reporting test actually looks at

What decides whether Regulation 105 applies
What the application establishesLead-time constraint
The obligationThe waiver application that reduces or removes withholding on fees paid to a non-resident for services rendered in Canada.
Who it bindsNon-resident service providers working in Canada, and the Canadian payers who would otherwise withhold on their gross fees.
Jurisdiction and authorityCanada — CRA
Category of filingCertificate or waiver — obtained before the money moves

When it is due

This is a before, not an after: the certificate or waiver has to be in hand before the payment, the closing or the remittance. Applied for afterwards, it usually cannot fix the withholding that has already happened — that becomes a refund claim instead. The date is confirmed for your year at the start of the engagement, not assumed from last year's.

What late or missed filing costs

There is often no penalty for not applying. The cost is cash: withholding computed on a gross amount rather than a net one, held by a tax authority for a year or more until a return recovers it. On a property sale or a large fee that difference is the whole point of the exercise. None of that is unusual, and none of it is unfixable. It is, however, cheaper to address before an authority raises it.

The arithmetic, worked through

Worked through with figures, the mechanism looks like this.

Gross withholding against a net-basis return

A non-resident receives C$37,000 in the year. Assume withholding at 27% on the gross amount, and assume deductible costs of C$29,600 against it.

Gross withholding against a net-basis return
ItemAmount
Gross amount receivedC$37,000
Withheld at source (assumed 27% of gross)C$9,990
Deductible costsC$29,600
Net amount actually earnedC$7,400
Tax on the net amount (assumed graduated result)C$2,072
Difference recoverable by filingC$7,918

Filing on a net basis recovers C$7,918 of the C$9,990 withheld. That difference is the entire reason the elective return exists, and it is lost by not filing. Your version of this table is the useful one, and it takes a short call and a document pack to produce.

Example figures throughout, selected to make the rule visible, with rates and thresholds assumed for the demonstration. Your actual filing uses figures confirmed with the issuing authority for your tax year.

How we prepare and file it, and what it costs

Pricing is settled first: a written scope and a fixed fee for it, before any work begins. See the withholding refund & recovery claims for comparable engagements.

From first call to filed

  1. 1A short call to work out what actually applies to you and what does not
  2. 2A written quote against a defined scope, with nothing billed by the hour
  3. 3We prepare, a named reviewer checks it, and you see it before it goes
  4. 4You approve, we file, and only then do you pay
  • A change of scope is re-quoted before the work, never added to the invoice after it.
  • Authorisation with each authority, so we see the assessments and slips directly rather than asking you for them.
  • 18,000+ clients served across 4 global offices: India, the USA, Canada and the UAE.

If a letter prompted this, bring the letter — it usually contains the answer to half the questions.

Checked and signed off for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. Published as general information. For a position on your own file, call the 24-hour helpline.

Canada tax forms, in practice

The subject here is regulation 105, which is what people mean when they search for Canada tax forms. This page covers who it applies to, the filings it produces, and the fixed fee agreed before work begins.

Withholding is on gross fees, so it frequently exceeds the eventual tax by a wide margin.

From first contact to filed return

  1. Send the documents as they are

    No tidying required — forward what you have and we tell you what is missing.

  2. Get a fixed quote in writing

    Priced from your actual documents before any work begins, not estimated after.

  3. Both countries prepared together

    One team builds the filings against each other so the relief lands exactly once.

  4. Review, then file

    You approve the finished work before we file it.

What you are actually buying with regulation 105 waiver application

Factor Legal Quotient Hourly billing model
Pricing A fixed fee, agreed in writing before work starts Hourly, billed as incurred
Experience 15+ years of cross-border work, 18,000+ clients Varies by file
Both sides of the border Prepared together by one team, so relief is claimed exactly once One country at a time, reconciled later
Who reviews it A named practitioner, published on the page Whoever the queue reaches
Where the work happens Our offices in India, the USA, Canada and the UAE Whichever single office you can travel to

Four terms worth pinning down

Grossing up
Restating a net-of-tax amount to its pre-tax equivalent, needed whenever a foreign payment arrived after withholding and the credit is claimed on the gross figure.
Tie-breaker rules
The ordered treaty tests that resolve dual residence. The first test that resolves the case is where the evidence should be concentrated.
Controlled foreign affiliate
A foreign affiliate controlled by the Canadian taxpayer, alone or with related parties, whose passive income can be attributed to the shareholder currently.
Angel tax
The Indian rule that can treat share premium above fair value as income of the issuing company, resolved by valuation evidence at the time of issue.
regulation 105 waiver application: How we read this one

Withholding is on gross fees, so it frequently exceeds the eventual tax by a wide margin.

Complexity changes the work, not the deal: the written fee and scope come first, a named practitioner signs off, and the filing follows your approval of the delivered file.

The published fees closest to regulation 105 waiver application

The fee also depends on which side of the payment we are acting for: a Canadian payer wanting comfort that it may release fees without withholding, or the non-resident provider recovering what has already been held back through a return. Several payers on one project means several applications, and the quote says so.

Corporate cross-border filing

$999fixed, before work starts

Covers: Returns for companies with foreign subsidiaries, foreign income or foreign shareholders, and the schedules each of those triggers.

See this fee page

Individual tax filing

$349fixed, before work starts

Covers: One engagement for a personal return that touches more than one country: the income, the assets held abroad and the relief claimed against them.

See this fee page

Why choose Legal Quotient for regulation 105 waiver application

The order of filing is planned, not improvised

Which return goes first decides whether relief can be claimed at all. That sequence is worked out before anything is submitted.

Both sides prepared together

Two returns built against each other by one team, so relief is claimed exactly once and nothing falls between the two systems.

You deal with the person who did the work

The practitioner who prepared and reviewed your file is the one who answers the question about it.

A named reviewer on every file

Every page on this site and every file we deliver says which practitioner reviewed it — a person, not a team inbox.

The team reviewing a file together at a desk

How the engagement runs, phase by phase

Step 1

The opening call

We establish what happened and when, because every position here is anchored to a date

Step 2

Scope in writing

A written scope and a fixed price, so you know the cost before committing

Step 3

Prepared and checked

The filings are prepared, cross-checked against each other, and reviewed by name

Step 4

Filed, then supported

You see the result, approve it, and we file it

Two of the firm’s advisers at the glass desk in the Delhi office

From first document to filed return

  • Step 1: Hand over the paperwork in any state – Sorting it is our job. Send what exists and we identify what is missing from it.
  • Step 2: Priced before a single form is opened – The fee comes from the documents, agreed in writing, and stays where it was agreed.
  • Step 3: One position across every return – The same facts, filed consistently on each side, so nothing contradicts anything else.
  • Step 4: Filed after you have read it – The completed work reaches you before it reaches an authority.

Quoted up front, in writing.

Contact Us 24-hour helpline +1 (416) 619-0068

More of the same work, from other angles

Browse sideways: the pages below answer the neighbouring questions.

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Indian mutual fund TDS for NRIs Everything on Indian mutual fund TDS for NRIs, at the same depth as this page.
Form W-8BEN — individual Form w-8ben individual — the guide, the FAQ and the fixed fee.
Form 24Q — TDS on salary (India) The full guide to form 24q India, with the fee fixed before any work starts.
Winding up a foreign subsidiary Its own page: winding up a foreign subsidiary — mechanism, deadlines and published fees.
Debt vs equity funding Everything on debt vs equity funding, at the same depth as this page.
Simplified vs normal GST/HST registration Simplified vs normal GST/HST registration — the guide, the FAQ and the fixed fee.
Treaty residency tie-breaker (Article IV) The full guide to treaty residency tie-breaker article iv, with the fee fixed before any work starts.
Share buyback and capital reduction tax Its own page: share buyback and capital reduction tax — mechanism, deadlines and published fees.

Who we help

Touring musicians — what we charge Its own page: touring musicians what we charge — mechanism, deadlines and published fees.
Franchise owners — what you owe in each country Everything on franchise owners what you owe in each country, at the same depth as this page.
AI & deep-tech startups cross-border tax Ai & deep-tech startups cross border tax — the guide, the FAQ and the fixed fee.
Nurses working abroad — relief you're probably missing The full guide to nurses working abroad relief you're probably missing, with the fee fixed before any work starts.
Management consultants — what you owe in each country Its own page: management consultants what you owe in each country — mechanism, deadlines and published fees.
Construction & contracting cross-border tax Everything on construction & contracting cross border tax, at the same depth as this page.
Tax for authors & screenwriters Authors & screenwriters tax — the guide, the FAQ and the fixed fee.
Construction & contracting — relief you're probably missing The full guide to construction & contracting relief you're probably missing, with the fee fixed before any work starts.
Tax for international school staff Its own page: international school staff tax — mechanism, deadlines and published fees.

Countries and corridors this work reaches

Canada–United Kingdom tax corridor Its own page: Canada United Kingdom tax — mechanism, deadlines and published fees.
Moldova tax for expats — country guide Everything on moldova tax for expats, at the same depth as this page.
Brazil tax for expats — country guide Brazil tax for expats — the guide, the FAQ and the fixed fee.
Qatar tax for expats — country guide The full guide to Qatar tax for expats, with the fee fixed before any work starts.
Italy tax for expats — country guide Its own page: Italy tax for expats — mechanism, deadlines and published fees.
Tanzania tax for expats — country guide Everything on tanzania tax for expats, at the same depth as this page.
Ghana tax for expats — country guide Ghana tax for expats — the guide, the FAQ and the fixed fee.
Oman tax for expats — country guide The full guide to Oman tax for expats, with the fee fixed before any work starts.
Jordan tax for expats — country guide Its own page: jordan tax for expats — mechanism, deadlines and published fees.

The people on your file

Five named practitioners, each with the part of a cross-border file they carry. Every page on this site says who reviewed it, and the reviewer is one of these people rather than an unnamed team.

Udit Gupta

Udit Gupta

Cross-Border Tax Expert

CA (ICAI), In-Depth Tax Trained

Reviews and signs off the practice's cross-border positions, and carries final responsibility for the treaty analysis on every file that leaves the office.

Abhinav Gupta

Abhinav Gupta

Canada Tax / International Tax

Canada Tax, International Tax, Cross-Border Tax, Transfer Pricing

Canadian returns with foreign income, non-resident filings, and the transfer-pricing documentation that runs alongside intercompany work.

Raghav Gupta

Raghav Gupta

International Tax

International Tax, Transfer Pricing Specialist

Benchmarking, method selection and the local-file and master-file sets that support a group's pricing policy under examination.

Anmol Mittal

Anmol Mittal

Canada and US tax

CPA Canada, CPA USA, CA (ICAI)

Files that have to be right on both sides of the border at once — dual filings, streamlined catch-ups, and the foreign tax credit reconciliation between them.

Vinayak Indolia

Vinayak Indolia

CFO advisory

CPA, CA. Fractional CFO and Senior Advisory Specialist

Groups that need the tax position and the finance function to agree: structure reviews, intercompany policy, and the reporting a board can act on.

Meet the whole team

Cross-border situations we are engaged for

Case study 1

Fifteen Per Cent Held Back From a Fee for Services in Canada

A payer must withhold from fees paid to a non-resident for services rendered in Canada, whether or not any tax is ultimately owed. A waiver applied for before the work is invoiced avoids the withholding; after it, the money comes back through a return.

Read how this one runs
Case study 2

Two Passports, Two Returns, One Income

Dual citizenship does not let you choose which country taxes you. The work is establishing residence, applying the treaty article that governs each income type, and preparing both returns from one set of figures so they agree line for line.

Read how this one runs
Case study 3

Interest and Penalties Put to a Relief Application

Relief is discretionary and is decided on the circumstances that caused the delay, evidenced year by year. The application is built from the same chronology the filings rest on, so the two cannot contradict each other.

Read how this one runs
Case study 4

Coming Back to Canada After Years Abroad

Returning restarts Canadian residence and re-values what you own on the day you arrive. Foreign pensions, employer plans and accounts opened abroad each land differently, and the reporting thresholds are tested against the whole portfolio rather than each account.

Read how this one runs
Case study 5

A TFSA That Costs More Than It Saves

Canadian tax-free accounts are not tax-free to a US person, and some of them carry a reporting form of their own. The file is a review of what is held, what each account triggers on the US side, and whether the account is worth keeping once the reporting is priced in.

Read how this one runs
Case study 6

A Residency Determination Review After Leaving the Country

Residence is decided on ties, not on a form, and the review asks for evidence of every one of them. The file assembles the ties that were severed and the ones that remained, and answers the questionnaire against the treaty rather than around it.

Read how this one runs
Case study 7

Information Returns Missed Behind a Correct Return

The heaviest exposure on a cross-border file is often a disclosure form rather than the tax. Where the return itself was right, the procedures for late information returns turn on a reasonable-cause narrative with dates and documents behind it.

Read how this one runs
Case study 8

A Home Kept in Canada After the Move Abroad

A dwelling left available is the tie the CRA weighs most heavily, and its treatment differs depending on whether it is rented at arm's length. The file settles the residence position first and the rental reporting second.

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

Regulation 105 — questions we are asked

Do I file Regulation 105 even if no tax is owed?

Certificate or waiver obligations of this kind are generally required on the facts rather than on the tax result, so a nil position does not remove one. Non-resident service providers working in Canada, and the Canadian payers who would otherwise withhold on their gross fees.

What happens if I have missed Regulation 105 for several years?

Missed years are dealt with as a package rather than one at a time, because the route chosen for the first year affects the relief available for the rest. We map the years and the obligations before anything is filed.

Is Regulation 105 the same as the other reports I already file?

No. The waiver application that reduces or removes withholding on fees paid to a non-resident for services rendered in Canada. Satisfying a different obligation, even one covering the same accounts or entity, does nothing for this one.

How is a Regulation 105 waiver different from a Regulation 102 one?

Regulation 105 is about fees for services, not employment income: a payer in Canada withholds from amounts paid to a non-resident for services rendered in Canada, on the gross payment rather than on any profit. That is why the waiver matters so much here — withholding on turnover can exceed the tax actually owed on a thin margin. The waiver application asks the CRA to accept, in advance, that a treaty or the economics of the contract justify reducing it. Regulation 102 covers the same idea for employees.

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.

Do I pay tax twice on a foreign dividend?

Not at full rates if the relief is claimed. The paying country usually withholds at source, capped by treaty where one applies and the paperwork is in place; your residence country then taxes the dividend and credits the foreign withholding against its own charge. Where the withholding exceeded the treaty rate because no declaration was filed, the excess is recovered from the paying country, not credited at home. See the dividends article.

Meet us in person at any of our offices

Get Regulation 105 handled for a fixed fee

Describe what happened and which countries are involved; the fee comes back in writing before anything begins.

  • Offices in India, the USA, Canada and the UAE
  • Fixed fees agreed before work starts
  • Your existing accountant keeps the domestic file

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