Non-resident seller Section 116 clearance intake for Ontario realtors

Answers are general operational information only — not legal, tax, regulatory, clinical, privacy, immigration, or professional advice. Requirements vary by matter, client, and regulator.

Frequently asked questions

Is FIRPTA the Ontario rule?

No. FIRPTA is a United States withholding regime for dispositions of U.S. real property interests. For Canadian real property disposed of by a non-resident of Canada, the usual framework is Income Tax Act section 116 and CRA certificates of compliance. Confirm with the closing lawyer and tax advisor.

What should listing agents collect?

Per brokerage policy — often a seller residency declaration, proof of Section 116 notification/certificate status or lawyer confirmation of the path, and related correspondence. Tax advice stays with qualified professionals.

Who is liable if there is no certificate?

Purchaser withholding themes under s.116 are a lawyer/closing matter. Agents organize documents; they do not certify tax outcomes.

Seller abroad?

Secure upload for signed declarations and lawyer packages.

Does Hivi-X file with CRA?

No. Hivi-X tracks checklist status only.

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