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Canadian sold property in US and realtor withheld tax. Now received ITIN number do I have to file taxes in US?

Do I have to file in the US or even Canada?

Update:

Raw land.

Update 2:

Raw land.

6 Answers

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  • 9 years ago
    Favorite Answer

    If you don't file a US return, the IRS will keep all of the tax that was withheld. That will almost certainly be FAR more than you owe on the transaction. Only the gain is subject to taxation but the withholding is based upon the proceeds from the sale. If you want to let it ride you could, but unless we are talking about pocket change, you'd be foolish to do so.

    Canadian taxes are a matter for Canada. If you have a gain on the sale I'd venture that it's taxable in Canada if you reside in Canada.

  • ?
    Lv 6
    9 years ago

    If you want to claim a refund of the taxes withheld, then yes - you need to file a return.

    You didn't state what kind of property. There are many different taxes, Sales, Income, Property, Usage, Tariff, etc... MOST taxes are due on any business activity occurring in the United States under a concept called NEXUS. However certain foreign nations have tax-treaties with the USA. Canada leads nations with the most tax-fee exchanges with the United States, so it depends on what kind of business or personal activity the tax was incurred for.

  • Bobbie
    Lv 7
    9 years ago

    YES just make sure that you read the instruction for both income tax returns for this purpose and time in your life. And you may even want to seek some good face to face professional assistance with tis matter about your 1040 fedral income tax return and may be even a state income tax return plus your Canadian tax return also to try and make sure that you do get every thing done correctly to try and prevent any problems from coming up at some future time in your life for this reason. Good luck to you.

    Hope that you find the above enclosed information useful. 09/28/2012

  • 9 years ago

    yes, you file taxes in the US.

    your capital gain in the US, if any, is taxed under US law. You then file your Canadian taxes and receive a credit for the taxes paid to the US [as long as they do not exceed the taxes due to the capital gain under Canadian law].

    Source(s): retired cpa
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  • ?
    Lv 7
    9 years ago

    You file in both places. You owe capital gains to the US and Canada will want some also

  • tro
    Lv 7
    9 years ago

    definitely in the US for US sourced income

    do not know your Canadian rules about capital gains, or sale of property

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