Do I file Form T2062 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-residents selling Canadian real estate, private company shares and other taxable Canadian property, and their purchasers.
What happens if I have missed Form T2062 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 Form T2062 the same as the other reports I already file?
No. The clearance certificate application on a non-resident's disposition of taxable Canadian property. Satisfying a different obligation, even one covering the same accounts or entity, does nothing for this one.
I live abroad and am selling my Canadian condo — what now?
A disposition of taxable Canadian property by a non-resident brings the clearance procedure into play. The purchaser is required to protect the tax by holding back a share of the price, and their solicitor will do so as a matter of course. The application tells the tax authority what is being sold, what it cost and what it is selling for, and asks for a certificate covering the disposition. Until that certificate issues, the holdback stays with the solicitor. The practical order is: notify, apply, wait for the certificate, then release.
Why is my lawyer holding back part of the sale price?
Because a purchaser who pays a non-resident vendor in full without a certificate can be made personally liable for the vendor's Canadian tax on the sale. It is not a lack of trust, and it is not something the two of you can agree away between yourselves: the exposure sits with the buyer, and their solicitor is protecting the buyer rather than you. The holdback is released when the certificate issues, or when the amount the certificate calls for has been remitted. How long that takes is the reason to start before closing rather than after it.
What happens if I never apply for a clearance certificate?
Two things, running in parallel. The purchaser's holdback is not released, so a share of your sale proceeds simply sits with a solicitor, sometimes for a very long time. And the notification obligation is not satisfied, which carries its own consequence quite separate from the tax on the gain. Neither improves by waiting. The application can still be made after closing — a good many are — but it is then made with the clock already running and the money already held, so the position is worse than if it had been started before the sale completed.
Can the buyer be liable for my Canadian tax?
Yes, and that is the whole reason the procedure exists. Where a non-resident disposes of taxable Canadian property, the purchaser is exposed for the vendor's tax unless a certificate has been obtained or the required amount remitted. The purchaser discharges that exposure by holding back and, once the certificate arrives, releasing against it. This is why a buyer's solicitor asks about residence at the outset and holds firm on the holdback afterwards: the person carrying the risk is the buyer, not the vendor, and the vendor's reassurance is not worth anything to them.
Do I still file a Canadian return after the certificate?
The certificate is not the final tax computation. It addresses the amount the purchaser has to protect; the actual liability on the disposition is settled on a return for the year, where the gain is computed properly and outlays such as commission and legal fees are taken into account. That return is where an over-held amount is recovered. Treating the certificate as the end of the matter is how non-resident vendors leave money sitting with the tax authority, and it is the single most common thing we are asked to put right after the event.
Does section 116 apply to private company shares as well?
It can. Taxable Canadian property is wider than real estate: shares of a private corporation can fall within it, particularly where the corporation's value derives from Canadian real property. The procedure is the same — notification, application, a purchaser holding back until a certificate issues — but the valuation work is heavier, because there is no closing statement to point at. The price has to be supported, and where it was negotiated between related parties the support matters more still. Establish whether the shares are within the definition before the agreement is signed, not after.
What happens when a non-resident sells Canadian property?
The buyer or their solicitor is obliged to withhold on the purchase price unless you obtain a clearance certificate, so the practical work happens before closing rather than after. The certificate application reports the disposition and the gain and fixes the amount the authority requires to be held. Apply late and the withholding is computed on the gross price, tying up cash until a return recovers it. See the section 116 clearance certificate.
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.