Non-resident mortgage in Canada - Justo Real Estate Brokerage

Introduction

Chances are you that came across this article since you are not a Canadian resident and you are interested in buying property in Canada, but like many people, you might not have the sufficient cash lying around to buy a home in cash, without financing. Purchasing homes and property can be incredibly expensive. Most people will need a mortgage or financing from a bank to purchase a property or a home. Heck, even Elon Musk, the founder of Tesla, has a mortgage. Yes, you read this correctly, even Elon Musk has a mortgage. In fact, Elon Musk has multiple mortgages. Many other high net worth individuals including people such as Beyoncé and Jay-Z also have mortgages. In other words, your net worth does not necessarily preclude you from having a mortgage.

You might be reading this and thinking ok, how does this apply to me and why is this important? Well, if you are dreaming of buying a home in Canada, but are not a permanent resident or Canadian citizen, and will need a mortgage or financing from a bank to make this possible. If this is you, you are in luck since Canadian banks give out mortgages to non-residents. For the purpose of this article, non-residents are people who are not permanent residents, or Canadian citizens who spend six months or more outside of Canada. These mortgages are known as non-resident mortgages.

However, it might be easier for Canadian citizens and permanent residents to get a mortgage to buy a home in Canada, than it might be for you to get a non-resident mortgage in Canada. In other words, it might be easier for you to qualify for a mortgage in your home country than it would be in Canada. You might have an easier time getting a mortgage in your home country since you might be jumping through fewer hoops and dealing with less paperwork in your home country, versus if you are applying for a non-resident mortgage from a Canadian lender.

If you are buying property in Canada and will need financing from a bank or other financial institution to make this happen you will probably need to go through a Canadian lender or financial institution. It is important to keep in mind that not that many banks tend to give people financing to buy homes or property overseas. It is important to remember that the rules and regulations regarding non-residents’ ability and eligibility for a mortgage in Canada will be different than the rules for Canadian residents and citizens.

Additionally, non-resident clients at Canadian tend to be beholden to stricter rules than Canadian citizens and permanent residents. Non-residents will probably need to pay higher interest rates than Canadian residents and citizens. They will probably need to provide a greater downpayment than a Canadian citizen or resident would be expected to provide.

Non-residents looking to get a non-resident mortgage in Canada will probably be expected to provide more documents for income verification and creditworthiness than permanent residents and Canadian citizens would be expected to provide. Depending on where they are buying non-residents might need to pay certain taxes that permanent residents and Canadian citizens do not have to pay. Banks lending money to non-residents will also want to see evidence of where the funds you will use to purchase this property are coming from for at least 90 days.

Non-residents will also need to open a Canadian bank account. You should probably work on opening and open a Canadian bank account before applying for a non-resident mortgage or while you are in this process of applying for a non-resident mortgage. You will need to have a Canadian bank account in order to pay the deposit, closing costs, and keep your down payment here, in this account for a certain number of days before closing.

Also, you should not be surprised if it is more difficult and more expensive for you than Canadian residents and citizens for a property in Canada to get insured. This is especially true if you are looking to insure an investment property in expensive cities like Toronto and Vancouver. You should also learn more about home insurance in Canada, your options for insuring your home and get an estimate for how much you can expect to pay for home insurance before making an offer on a property. It is important to learn more about home insurance in Canada and get a quote because you will need to have home insurance in order to get a mortgage.

You might be reading this and thinking to pay more taxes, providing extra documentation, and paying additional fees that Canadian residents and citizens are probably not paying might seem like too much of a hassle. Yes, doing everything you need to do to make this happen, so you can be approved for a non-resident mortgage and buy property in Canada might be time-consuming and a pain. Dealing with bureaucracy is never fun. No one ever said that homeownership, dealing with finances, or taxes were easy.

However, getting a mortgage as a non-resident in Canada is a relatively easy process, that is not too painful, long, and involved. If you follow the instructions described in this blog post and comply with the rules and requirements set out by a Canadian lender, and are patient because things take time, you could be approved for a non-resident mortgage before you know it. Hopefully, in no time you will be making your dream of owning property or a home in Canada reality!

If you are reading this and are interested in applying for a non-resident mortgage if you have any questions about how to apply for a mortgage as a non-resident you should consult a financial professional who is knowledgeable about current regulations and rules. Ideally, this person will have a solid understanding of how current regulations apply for non-residents. Keep in mind that laws, rules, and regulations surrounding banking and taxes are always changing and evolving. So you should consider this guide a primer on non-resident mortgages in Canada and use it as a jumping-off point in your research.

If you are serious about buying property in Canada, you should find a competent real estate agent, or broker you trust, who has experience working with non-residents looking to purchase property in Canada to assist and guide you through this process.

Who is considered to be a non-resident?

While the Canadian government considers Canadian citizens who spend at least 6 months or more per year outside of Canada as non-residents, Canadian banks classify non-residents differently. Canadian lenders tend to classify non-residents as people who do not earn an income and do not file taxes in Canada. The Canadian government’s definition of non-resident than many Canadian lenders’ definitions’ of who constitutes a non-resident.

According to the Canadian government, non-residents are people who do not reside in Canada, instead, they live in other countries. A non-resident can be a Canadian citizen who has not lived in Canada for more than half a year (approximately six months). This means that Canadian citizens buying homes in Toronto or inside the Greater Golden Horseshoe Region of Ontario, where non-residents have to pay a 15% Non-Resident Speculation Tax (NRST), do not have to pay this tax. However, non-residents need to follow all regulations directed at non-residents buying property in Canada.

Requirements for people applying for a non-resident mortgage

It goes without saying that the rules and regulations for non-resident mortgages are subject to change without notice. For example, it used to be incredibly easy for non-residents to qualify for non-resident mortgages with some lenders giving people loans with competitive interest rates without doing an income verification for potential clients if they could provide a 35% down payment in cash and met other requirements. This used to be the case at banks like the Canadian Imperial Bank of Commerce (CIBC) which is one of Canada’s largest banks.

For example, before the Canadian Imperial Bank of Commerce (CIBC)’s “Foreign Income Program” ended on 1 February 2018, it was incredibly easy for non-residents, foreign buyers and international students with a valid student permit to qualify for a non-resident mortgage if they could show that they could cover the 35% down payment. Before the CIBC’s programme ended, the bank, the buyer would have had to immediately stop paying bills for the CIBC to be at risk for taking a loss on their loan. This was the old system under the CBIC for foreign and non-resident buyers. However, this is no longer the case at The Canadian Imperial Bank of Commerce (CIBC).

CIBC changed its rules and other financial institutions changed their requirements for resident and non-resident mortgages to comply with the new rules and guidelines as part of the B-20 programme from Canada’s Office of the Superintendent of Financial Institutions (OSFI) that went into effect on 1 January 2018.

The B-20 programme is meant to regulate Canada’s growing mortgage debt. The B-20 programme includes a stress test that is meant to ensure that buyers can handle higher interest rates in the future and improve the resiliency of Canada’s financial system. While the B-20 program and stress test is controversial, these changes mean that foreign and non-resident buyers have to provide more information to ensure that their mortgages meet the comply with the B-20 guidelines from the Office of the Superintendent of Financial Institutions (OSFI).

On 1 February 2018, the CBIC replaced its “Foreign Income Program” with a new programme for non-residents that complies with the Office of the Superintendent of Financial Institutions (OSFI)’s B-20 programme’s guidelines.

For example, the Canadian Imperial Bank of Commerce (CIBC), their current system for income verification is much stricter so it complies with the B-20 regulations from the Office of the Superintendent of Financial Institutions (OSFI). The current requirements from CIBC ask that mortgage advisors at CIBC obtain the following information from clients:

Client’s Canadian Revenue Agency (CRA) T1 General Federal Tax Form complete with a statement of foreign income on line 104
Canadian Revenue Agency (CRA) Form T1135 Foreign Income Verification Statement which shows clients’ assets
Companies using income will require a Canadian Revenue Agency (CRA) Form T1134, Information Return Relating To Controlled and Non-Controlled Foreign Affiliates.
A Canadian credit bureau report
A foreign credit bureau report that confirms any foreign liabilities.

General requirements for qualifying for a non-resident mortgage

The documents and information you will be expected to provide will vary from lender to lender. Below is a general list of required documents that non-residents are supposed to provide lenders when applying for a non-resident mortgage:

Proof of income (letter of employment, pay stubs, and income tax returns)*
Letter of reference from your current financial institution
Confirmation using three months of bank statements or brokerage statements which show that the 35% down payment** is not being borrowed or that payment is not gifted funds. Lenders are looking to see that the client has this amount of money in their account.
Personal net worth statement
Completed application
Multiple copies of photo ID
A Canadian bank account that the client can use for withdrawing mortgage payments. If you do not already have a Canadian bank account, you will probably need to open a Canadian bank account in person.
Real estate appraisal as applicable
Lenders will be looking to see that buyers have at least 1.5% of the purchase price available to cover closing costs for this real estate transaction.
Report from a Canadian credit bureau
Report from an international credit bureau or bank statements for the past six months.
Other documents as needed, this will depend on your unique financial situation, the lender, etc.

*Banks, financial institutions, and lenders will not consider rental income or allow clients to use rental income when trying to qualify for a loan.

**It might still be the case that U.S. citizens might not need to provide a 35% down payment for a home since U.S. citizens in the past have been able to get loans to buy property in Canada with only a 20% payment. This rule only applies to U.S. citizens and U.S. permanent residents applying for non-resident mortgages in Canada, this does not apply to anyone from any other country. Anyone else needs to have a down payment of at least 35% available for the property’s purchase price.

Individuals interested in getting a non-resident mortgage should speak with a lender since the requirements for qualifying for a non-resident mortgage vary from lender to lender, you should ask the lender or financial institution you want to work with which documents you need to provide them with so you can apply for and receive a non-resident mortgage.

Given that financial laws, regulations, and practices related to lending are constantly changing, if you have any questions, concerns, doubts, etc. you should not hesitate to speak with a trusted financial professional. They will be able to best advise in situations when you have doubts about the rules and how they impact you as a buyer or the seller.

Things to keep in mind and consider when trying to get a non-resident mortgage to buy property in Canada

When you are applying for a non-resident mortgage in Canada there are some things that you will need to be keeping in mind and considering when deciding whether or not you want to apply for a non-resident mortgage.

Having the down payment in your Canadian bank account for at least 30 days before closing

As mentioned earlier, if you do not already have a Canadian bank account, you will need to open a Canadian bank account. You will store the money for your deposit, closing costs, and down payment in your Canadian bank account. Usually, most Canadian banks require clients to keep their down payment in a Canadian bank account for 30 days before their client closes on a real estate transaction. Do not be surprised if your bank wants to know about the source and provenance of your funds for the down payment. They will probably want to know where the money for your down payment has been for the past 90 days.

You might be wondering why does the bank want to know the source of my funds for my down payment going back 90 days? Isn’t this a bit invasive and doesn’t this represent an invasion of property. Lenders want to see funds in your account for at least 30 days to ensure that they are seasoned funds. Financial institutions want to know where your money is coming from to prevent any suspicious or fraudulent transactions and prevent money laundering, this is especially true with money from abroad being brought into newly opened bank accounts.

Different interest rates, terms, and rules apply for non-resident mortgages

Another important consideration is how non-residents are beholden to different rules than permanent residents and Canadian residents these rules apply to mortgage requirements, taxes,

For example, if you are non-resident buying property in Ontario, in the City of Toronto Toronto or the Greater Golden Horseshoe Region in Ontario, you will be responsible for paying the Non-Resident Speculation Tax (NRST), which is 15% of the purchase price of the property. Canadian citizens even if they are considered non-residents are not responsible for paying the NRST.

If you are a non-resident buying property in Ontario with a permanent resident in Canada you will still be responsible for paying the NRST and will be subject to the same requirements for a non-resident mortgage. However, if you are a non-resident buying property with a permanent resident that is also your spouse you will still be treated the same by banks when applying for a mortgage and will need a higher down payment. However, if this is the case you will not have to pay the NRST.

While in general, if non-residents meet the same mortgage eligibility criteria as permanent residents and Canadian citizens, non-residents are able to access many of the same mortgage products that are available for Canadian citizens and residents. However, there are some restrictions that non-residents face when accessing mortgage products they include and are not limited to the following:

Some lenders and financial institutions might charge non-residents a premium rate for their mortgages
Non-residents are not allowed to amortization terms greater than 25 years. In this situation, we will be using Investopedia’s definition of amortization to inform our definition. Amortization is a technique used in accounting that allows for the book value for a loan or intangible asset to be lowered for a set interval of time. Amortization in this situation refers to the process of paying off a debt through making regular principal and interest payments over a period of time. In this case, the amortization term means the schedule that the loan will be paid off in. An amortization schedule is used to reduce a balance for a loan, e.g. you reduce the balance of a mortgage by making payments in instalments. In other words, a 25-year amortization term for a mortgage means that you only have a 25-year mortgage instead of a 15-year or a 30-year mortgage which is common in countries like the United States.
Non-residents are not eligible to get lines of credit through their home equity. In other words, non-residents cannot borrow against the equity in their homes.
Non-residents cannot refinance their mortgage to get a lower monthly rate and/or a more favourable interest rate.
Some banks might only finance you purchasing up to five properties.

However, non-residents may still be able to qualify to receive more competitive or favourable interest rates for a Canadian mortgage than getting a mortgage in their home country. However, this depends on the economic, political and financial climate in their home countries.

Exchange rates and possible risks associated with Canadian mortgages

In some cases, depending on your home country, for example if you are from the United Kingdom and converting from the Pound Sterling, the Eurozone converting from Euros, or the United States, U.S. Dollars to Canadian Dollars (CAD) you might do even better investing in real estate in Canada, if the exchange rate remains favourable for however long you have a mortgage.

But, if there is a political, financial, and/or economic meltdown in your home country which causes exchange rates for your currency vs. CAD to dip, you might find yourself spending more of your income than previously on paying your mortgage and other expenses. Unfortunately, we cannot predict with precise accuracy the accurate date, time, and minute, that a political, economic, and/or financial meltdown or crisis might occur since these tend to be slow brewing things, a chain of events that have a domino effect. Or these meltdowns can be unexpected and sudden, happening when we least expect them.

Since you are beholden to different laws, and regulations in Canada as opposed to using a bank in your home country, you might not have as many legal protections if you get a non-resident Canadian mortgage as opposed to getting a mortgage in your home country. This is a risk that you will be taking getting a non-resident mortgage in Canada.

Property Ownership and your chances of getting Canadian citizenship

Despite what you might hope or think, buying property in Canada does not improve your ability to get Canadian citizenship or become a permanent resident in Canada. In fact, owning property in Canada is not one of the factors that Canadian immigration officials take into consideration when they are making decisions about who is eligible for certain visas and residency. Although, if you are planning on buying a house in Canada because you hope to one day get permanent residency in Canada, this will not hurt your chances either. Owning property or a home in Canada is considered part of your overall net worth and having a higher overall net worth will not hurt you in the visa selection process.

If you want to learn more about Canadian immigration policies, Canadian citizenship, or determine your eligibility to immigrate to Canada you can check out the Canadian Government’s Citizenship and Immigration website, which has all of this information and more. It is important to note that if you are hoping to spend more than six months per year in Canada, you will need to look into getting a visa or permanent residency. While this is an important consideration, another important consideration is that you might need to travel to Canada in order to purchase a property.

Needing to be physically present in Canada to purchase property

If you want to buy property in Canada, you are expected to be present in Canada at least twice during this process. However, depending on where you are located or where you are looking to buy you might not need to be physically present in Canada in order to purchase a property. If you have any questions about this requirement, you should speak with a real estate agent, broker or attorney since they can advise you on how to proceed if you are unable to travel from your home country or wherever you are residing to Canada in order to be physically present to carry out this process. Depending on where you are buying, you might be able to appoint someone to be your power of attorney to be at your closing

You might need to be physically present in Canada to buy property in Canada, at least twice. However, depending on where you are located and where you are looking to buy, you might not need to be physically present in Canada, you might be able to appoint someone to be your power of attorney or legal representative to sign off on all relevant documents at closing. If you are unsure about whether or not you need to be physically present to carry out this process, you will need to speak with a real estate agent or broker or professional who can advise you about this.

However, if you do not already have a Canadian bank account, you might need to be physically present in order to open this bank account. However, some HSBC Premier clients might be able to get a Canadian bank account in their home countries. If you are concerned about whether or not you need to be physically present to open a bank account, you should speak with a financial professional to see what your options are. While there are some things to keep in mind when purchasing real estate in Canada, you should also consider the tax implications for owning a home or property in Canada. The tax implications for owning property in Canada are outlined in the following sections that deal with what taxes you will be responsible for paying, taxes on incoming producing properties, the taxes you will be responsible for paying when you sell your home, and more.

Tax implications for Non-Residents purchasing and owning property in Canada

Non-residents are responsible for paying the same land transfer and municipal transfer taxes as Canadian residents and citizens pay for as well. Non-residents in certain parts of Ontario are also responsible for paying the Non-Resident Speculation Tax (NRST) as detailed in an earlier section of this article. Non-residents will not run up a humongous tax bill when purchasing the property or paying yearly property taxes since there are no extra yearly fees payable. You will face tax issues when it comes time to rent or sell the property. Non-residents must pay taxes on any income they earn, i.e. any rental income they earn on renting out a property or capital gains tax when they sell their property or properties.

It is important to note that Canada has a graduated tax system. This means that the more money you earn and whenever you reach a certain point when your income level takes you into a higher tax bracket, this means that you will be responsible for paying more income taxes. You can consult a reputable tax professional accountant or attorney for advice on how to minimize your tax burden. If you are lucky, your home country will have a tax treaty with Canada to ensure that you are not being taxed twice in Canada and your home country. If you have questions or concerns about tax treaties between Canada and your home country, it is recommended that you speak with a reputable tax professional who has experience working with non-residents and doing international tax.

It cannot be said enough that financial rules and regulations, and rules, regulations, and laws related to tax are constantly changing. If you have questions about how they impact you, contact a tax professional who knows their stuff, who can advise you on how best to handle this.

Tax Implications if you are purchasing a revenue-producing property in Canada

If you are a non-resident purchasing a revenue-producing property in Canada, you will be required to pay Canadian taxes on the income you have earned from this property. If you do not have a property manager, you will be responsible for paying a 25% non-resident tax on the gross rent that a tenant is paying you. However, if you enlist the help of a professional property manager you will have some options that you would not have if you are not working with a property manager.

Legally, a property manager has to withhold 25% of the gross rental revenue at the source so it can be remitted to the Canadian Revenue Agency (CRA). Either on 31 March or before 31 March the following year, your property manager will be issuing an NR4 form (a Non-Resident Tax Withholding, Remitting, and Reporting form). Then you will have the right to really have some fun and file a Canadian Tax return. Your Canadian tax return will be due 30 June and this tax return will allow for you to claim expenses against the income you have earned and hopefully will allow you to request a refund on the taxes you would have paid the Canadian Revenue Agency.

You can also choose to file an NR6 form (Undertaking to File an Income Tax Return by a Non-Resident Receiving Rent from Real or Immovable Property or Receiving a Timber Royalty) with your property manager before the 31 December each year. Once this has been accepted, the amount of non-resident tax withheld decreases to only 25% of the gross rental revenue minus any allowable expenses. However, there are some things that you will need to consider.

In signing and submitting an NR6 form (Undertaking to File an Income Tax Return by a Non-Resident Receiving Rent from Real or Immovable Property or Receiving a Timber Royalty) you are agreeing to file an annual Canadian Tax Return, as well as a T776, Statement of Real Estate Rentals Form.
During the first year that you own an income-producing or rental property, your property manager will be legally required to withhold 25% of the gross rental revenue until you can file the NR6 form with the Canadian Revenue Service at the end of the year.
For individuals, the tax year corresponds to the calendar year. However, the tax year for corporations, trusts, and estates, corresponds with the end of the fiscal year.
Both of these previously mentioned options mean that the property manager is required to file an NR4 Summary and an NR4 Supplementary on or before 31 March, even if they were not required to withhold any tax.

Tax Implications when you sell your property as a non-resident

While you might not face that many tax issues when you buy your home or property in Canada as a non-resident, you will definitely face some headaches when you try to try to sell your property as a non-resident. Usually, non-residents in Canada have to pay a Canadian capital gains tax when disposing of (selling) any “taxable Canadian property”. While for Canadian residents only 50% of capital gains are considered to be “taxable capital gains” and this is included in income and is taxable under Part I of Canada’s Income Tax Act.

Things start to get complicated when non-residents sell or dispose of their property when non-residents have to pay taxes on the capital gains from selling their property. This means that non-residents who own property in Canada have to pay the specified amount of taxes on any capital gain. In order to satisfy this requirement, the vendor (seller) has to provide the purchaser (the buyer) on or before closing, a clearance certificate from Canada’s Revenue Agency. This certificate is important because it is issued by Canada’s federal government and it certifies that a specific amount of money is payable for the taxes for a property. The amount in taxes owed in taxes will be deducted from the proceeds of the sale and the seller’s lawyer will send this amount directly to Canada’s federal government.

This clearance certificate is issued pursuant to section 116 of the Income Tax Act and is usually required on the closing date, when the buyer, new owner takes possession of the property. You the seller or the lawyer representing you as the seller should apply for this certificate before the closing date. However, they should not apply for this certificate until the seller has entered into an agreement with the buyer for a contract of purchase and sale, with all of the subjects being removed. It usually takes six to eight weeks for the certificate to be issued. Ideally, there would be six to eight weeks with the lead time between the time when the subjects are removed and the completion date for the sale.

However, things can get complicated if this certificate is not obtained in time before the closing date. When this happens, the purchaser (the buyer) is required to hold back a percentage of the selling price from the sales proceeds. The percentage the buyer is required to hold back is usually 25% or 50% depending on whether or not the property is considered to be a non-depreciable property (a residence previously owned by the seller) or a depreciable property (a property that the seller previously rented out). In this situation, the real estate transaction would be finalized with the money from the holdback remaining in an attorney’s trust account until the clearance certificate has been obtained. Once the clearance certificate has been obtained, the taxes on the clearance certificate will be paid from the proceeds from the holdback and the vendor (seller) will receive any money left over from the sale.

It is important to note that the holdback will be based on the property’s sale price, not the equity in the property. In case there is financing on this property, the seller might need to pay for this financing from other sources.

Conclusion

Hopefully, after reading this article you will feel that you are in a better position to decide whether or not you want to get a non-resident mortgage in Canada. Ideally, after reading this primer on non-resident mortgages in Canada you should have a clearer understanding of how non-resident mortgages work and how the process for applying for a non-resident mortgage and purchasing a home or property in Canada as a non-resident work.

The process to apply and be approved for a non-resident mortgage in Canada might feel daunting, but good things, usually the best things in life take time. It is important to be patient with yourself and others during this process since anything related to bureaucracy and bureaucratic processes takes time. Becoming impatient and frustrated with the people trying to help you make this happen, helps no one and might end up hurting your chances of securing financing or a non-resident mortgage.

Luckily for you, Canadian financial institutions work with non-residents and there are no restrictions on who can buy property in Canada and the types of property non-residents can buy. However, depending on where you are in Canada, the lender(s) you are working with, where you are from, and other factors, certain lenders and professionals might have more experience working with non-residents than others your experience might differ. While this process will take some time, in the end, all of the time, money, thought, and energy you put into getting a non-resident mortgage so you can purchase a home or property in Canada will have been worth it, once you find and close on your dream home.

Finally, this article is meant to serve as a starting point for non-residents who need financing from a Canadian bank or financial institution to buy the property and researching non-resident mortgages in Canada. If you have any questions about anything covered in this article, you should consult an experienced professional who is knowledgeable about current rules and regulations and how they might impact you. An experienced financial professional will be able to advise on how you should proceed given your unique situation. And if you are serious about buying a home or property in Canada, you should enlist the help of an experienced real estate or broker that you trust. They should have experience working with non-resident buyers and be knowledgeable about the area(s) where you are interested in buying.