How are foreign sellers taxed in Ontario?
How are foreign sellers taxed in Ontario — and what it means if you sell a house in Georgetown, ON?
Quick answer up front
If you are a foreign seller (non-resident of Canada) selling a home in Georgetown, Ontario, the Canada Revenue Agency (CRA) requires a tax hold or proof of clearance at closing. The buyer or the closing lawyer must hold back funds until the seller gives a CRA clearance certificate or other proof. You also may owe capital gains tax unless the home was your principal residence.
Why this matters now
You can lose a big chunk of your sale cash at closing if you don’t plan. That hold can stop your move or a reinvestment. Plan now. Apply for the clearance. Hire a local tax pro and a real estate lawyer in Halton Hills.

Key rules in plain words
- Non-resident sales of Canadian real property trigger CRA rules under section 116. The buyer or lawyer often has to withhold money at closing.
- You or your lawyer can apply to CRA for a Certificate of Compliance (clearance certificate). With it, the buyer won’t need to hold the funds.
- If you don’t get the clearance, the buyer holds money for CRA. This delays your cash.
- You may owe tax on the capital gain. If the house was your principal residence for all years you owned it, you might be exempt.
Steps every foreign seller in Georgetown must follow
- Tell your listing agent and lawyer right away you are a non-resident.
- Hire a Canadian tax advisor or accountant who knows non-resident rules.
- File the paperwork to get a clearance certificate from CRA early (use the forms CRA requires).
- If you can’t get the certificate before closing, be ready for the buyer to hold funds.
- File your Canadian tax return after the sale. Pay any tax due or apply for a refund if overpay.
What buyers and closing lawyers will ask for
Buyers and their lawyers will ask for either:
- A copy of the clearance certificate from CRA, or
- A statutory declaration and other documents, or
- They will withhold the required funds and send them to CRA.
If you don’t provide a clearance certificate, expect delays and a hold on sale proceeds.
Principal residence exemption — keep this in mind
If the property was your principal residence while you owned it, you may not pay capital gains tax. You must still follow CRA clearance steps. You may apply for the exemption on your tax return after the sale.

Simple example
Price: $800,000
Holdback if no clearance: 25% (CRA withholding rules may require a hold on purchase price)
Money held: $200,000
That is real. You can avoid this if you get the clearance certificate in time.
Note: Exact percentages and hold rules can change. Speak with a tax pro to confirm current rules before you sign.
Local tips for sellers in Georgetown, ON
- Use a local real estate lawyer in Halton Hills who knows Section 116. They process clearance certificates fast.
- Work with an agent who lists properties in Georgetown and Halton Hills. They know closing timelines and local buyers.
- Start the clearance process as soon as you accept an offer. CRA review takes time.
Documents you will likely need
- Passport and ID
- Proof of ownership and sale contract
- Date you became non-resident of Canada
- History of property use (rental vs. principal residence)
- Form(s) required by CRA for clearance (your tax advisor will guide you)
Common financial items to plan for
- Estimated tax on capital gain if the principal residence exemption does not apply.
- Fees for a Canadian accountant and a lawyer.
- Potential hold on sale proceeds until CRA issues the certificate.

How to avoid surprises at closing
- Apply early for the CRA clearance certificate.
- Keep the buyer and closing lawyer updated.
- Pay any estimated tax if CRA requires it to issue the clearance.
- Confirm who will handle the clearance application — you or your lawyer.
Why working with local experts matters
Close deals faster. Avoid costly holdbacks. Local lawyers and accountants in Halton Hills know how CRA handles Georgetown deals. They speed up the process and keep cash flowing.
Call to action
Selling a home in Georgetown while living outside Canada? Get expert local help. Contact Tony Sousa for a quick call. He will connect you to trusted real estate lawyers and tax pros who work with non-resident sellers in Georgetown and Halton Hills.
Email: tony@sousasells.ca
Phone: 416-477-2620
Website: https://www.sousasells.ca
FAQ — Fast, clear answers for Georgetown home sellers
1) Do foreign sellers always pay tax when they sell a house in Georgetown?
Not always. If the home was your principal residence for all years you owned it, you may be exempt from capital gains tax. If it was not your principal residence, you likely owe tax on the gain.
2) Will the buyer hold money at closing?
Yes, if you don’t provide a clearance certificate from CRA. The buyer or the closing lawyer will hold funds until CRA issues the certificate or until any required tax is paid.
3) How do I get the clearance certificate?
You or your lawyer must apply to CRA with the required forms and documents. CRA reviews the sale and may ask for payment of estimated tax before it issues the certificate.
4) How long does the CRA clearance process take?
It varies. Start early. It can take weeks. Work with a tax pro and a local lawyer to speed it up.
5) Can I sell without living in Canada and keep my money?
You can sell. But expect extra steps. If you want full access to sale proceeds at closing, apply for the clearance certificate before closing.
6) Will I owe provincial or local taxes like NRST in Georgetown?
Provincial rules can apply to purchases by non-residents. For purchases (not sales), Ontario may charge a tax on non-resident buyers in areas that include Georgetown. Check current Ontario rules or ask your lawyer.
7) Do I need a Canadian accountant?
Yes. A Canadian accountant or tax lawyer helps you file the right forms, estimate tax, and apply for clearance.
8) What if I already closed and CRA withheld money?
You must file a Canadian tax return to report the sale and claim any refunds or credits. Hire a tax pro to recover excess withholding.
9) Is the tax based on the sale profit or the sale price?
CRA withholding at closing is often a percentage of the sale price. The actual tax you owe is based on the gain (sale price minus cost base). You file a tax return to calculate the true tax and get a refund or pay the balance.
10) Who can I call for local help in Georgetown?
Contact Tony Sousa for fast help connecting to local real estate lawyers and tax pros experienced with non-resident sellers in Georgetown and Halton Hills.
Email: tony@sousasells.ca | Phone: 416-477-2620 | https://www.sousasells.ca
If you want, I can draft a checklist you can give your lawyer or the buyer. Say the word and I’ll make it now.



















