# Canadian personal income tax law re land sale by US citizens **URL:** \ **Category:** Factual Questions\ **Created:** [November 30, 2007, 3:12pm UTC](https://boards.straightdope.com/t/canadian-personal-income-tax-law-re-land-sale-by-us-citizens/428311 "2007-11-30T15:12:54Z")\ **Posts on this page:** 2\ **Page:** 1
**Author:** ![What\_the](https://avatars.discourse-cdn.com/v4/letter/w/f4b2a3/32.png) [@What\_the](https://boards.straightdope.com/u/What_the)\ **Post date:** [November 30, 2007, 3:12pm UTC](https://boards.straightdope.com/t/canadian-personal-income-tax-law-re-land-sale-by-us-citizens/428311/1 "2007-11-30T15:12:54Z")
US citizens/residents sell land in Canada and 20% is withheld. Are they allowed to file non-resident tax returns, report the actual gain and receive a refund? Do Canada and Ontario taxes both apply? Are the rules regarding cost basis related to gifts and inheritances the same as those in the U.S.? TIA! ---
**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\ **Post date:** [November 30, 2007, 11:09pm UTC](https://boards.straightdope.com/t/canadian-personal-income-tax-law-re-land-sale-by-us-citizens/428311/2 "2007-11-30T23:09:35Z")
[QUOTE=What the … !!!] US citizens/residents sell land in Canada and 20% is withheld. Are they allowed to file non-resident tax returns, report the actual gain and receive a refund? Do Canada and Ontario taxes both apply? Are the rules regarding cost basis related to gifts and inheritances the same as those in the U.S.? TIA! [/QUOTE] Don’t take my word for it, but I have always heard that if I moved to the US (not in the cards unless a good medicare law passes), then my pension would be subject to a flat 25% federal and no provincial tax. Maybe it is different with real estate and maybe it would be taxed at the capital gains rate.