US Cross-Border Tax Blog

Published by W.L. Dueck LLP

Posts filed under ‘US Property’

Catherine Shen-Weafer

Is the interest expense deductible for US non-resident aliens owning a US real property interest?

Loaning between business entities is a widely-adopted business strategy in the real estate industry. Multiple levels of entities are often chosen in a business structure. U.S. limited liability companies (“LLC”) are commonly used to hold U.S. real property interests. When foreign investors are involved for various reasons (i.e., asset protection), foreign investors use a non-U.S. corporation that is treated as a disregarded entity for U.S. federal income tax purposes to be the sole owner of the U.S. LLC. When the… Read More

Steven Flynn

IRS Actions to Solve Non-Compliance of Canadians Earning US Rental Income

In August, the US Treasury Inspector General for Tax Administration (TIGTA) issued a final report #2017-30-048 entitled “Additional Controls Are Needed to Help Ensure That Non-resident Alien Individual Property Owners Comply with Tax Laws”[1].  While the TIGTA needs to work on their titles[2], the report contains some interesting recommendations for Canadians that own US real property. TIGTA estimates that non-resident alien investors’ investment in US real property increased by approximately 1/3 or almost US$10 billion between 2013 and 2016.  They… Read More


US Filing Obligations of Non-residents of the US

There has been a lot of attention in the media about US citizens who live in Canada and their US tax filing obligations. Non-US citizens who are not resident in the US (“NRA” for non-resident aliens) may also have US tax filing obligations where they work in the US, sell US real estate or even travel to the US. Work in the US In general terms, NRAs who earn employment income while working in the US are subject to US… Read More