Electing under Section 217 of the Income Tax Act

T4145(E) Rev. 25

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Note

La version française de ce guide est intitulée Choix prévu à l’article 217 de la Loi de l’impôt sur le revenu.

Unless otherwise stated, all legislative references are to the Income Tax Act or, where appropriate, the Income Tax Regulations.

Find out if this guide is for you

This guide is for you if both of the following apply:

This guide explains what a section 217 election is and how to decide if it is beneficial for you. It also explains how to complete a 2025 section 217 return.

Table of contents

Electing under section 217

Canadian payers must withhold non-resident tax on certain types of Canadian source income that they pay or credit to non residents of Canada.

If you are a non-resident, the tax withheld is usually your final tax obligation to Canada on this income. However, you can choose to file a Canadian return to report certain types of Canadian-source income by electing under section 217 of the Income Tax Act.

By making a section 217 election, you pay tax on your Canadian source income at the same rate as Canadian residents and may receive a refund for all or part of the non-resident tax withheld.

If you left Canada permanently (emigrated) in 2025, the section 217 election applies to Canadian-source income that is received after leaving Canada.

If you are a newcomer to Canada (immigrant) in 2025, see “Special rules for part-year residents” to see if it applies to you.

Eligible section 217 income

The section 217 election applies to the following types of Canadian-source income:

Note

You may have to file Form T1136, Old Age Security Return of Income (OASRI), even if you choose not to file a return under section 217. For more information, see Guide T4155, Old Age Security Return of Income (OASRI) Guide for Non-Residents.

Amounts you should not include

Do not include the following amounts when calculating your eligible section 217 income:

Special rules for part-year residents

As a part-year resident electing to file a return under section 217, you must report:

For more information about reporting world income, see the Income Tax and Benefit Guide for Non-Residents and Deemed Residents of Canada.

Part-year residents electing under section 217 are subject to provincial or territorial taxes instead of the surtax for non-residents and deemed residents of Canada. For more information, see Leaving or entering Canada and non-residents.

Determine if you should elect

You will benefit from electing to file a return under section 217 if the total tax payable on line 43500 of your return is less than the tax you would otherwise pay if you did not make this election.

When the CRA assesses your return, your election under section 217 will only be taken into account if it is beneficial to you.

To determine the tax you would otherwise pay if you did not make a section 217 election, add the following amounts:

To calculate the total tax payable on your section 217 return, see Completing your section 217 return.

If the election is beneficial

If you file your section 217 return on time, the CRA will refund any tax withheld that is more than the amount you owe.

If the payer withheld less than the required amount of non-resident tax on your eligible section 217 income, you may have a balance owing, even if the election is beneficial.

Make sure you include on line 43700 of your return the non-resident tax withheld on your eligible section 217 income from your information slips.

Note

Attach a completed Schedule A, Statement of World Income, Schedule B, Allowable Amount of Federal Non-Refundable Tax Credits, and Schedule C, Electing Under Section 217 of the Income Tax Act to your return. If you do not attach these schedules, the processing of your return, and any refund you may be entitled to, may be delayed. Also attach a copy of your information slips.

If the election is not beneficial

If the payer withheld more than the required amount of non-resident tax on your eligible section 217 income, you can ask for a refund of the difference by completing Form NR7-R, Application for Refund of Part XIII Tax Withheld.

If the payer withheld less than the required amount of non-resident tax because the CRA approved your Form NR5, Application by a Non-Resident of Canada for a Reduction in the Amount of Non-Resident Tax Required to be Withheld, (or for any other reason), you have to pay the difference between the required amount of non-resident tax and the amount withheld.

Reducing tax withheld

If you want to make a section 217 election on eligible income that you have not yet received, you can apply for a reduction to the non-resident tax the payer would otherwise have to withhold. To do this:

If the CRA approves your application, you must file a section 217 return for each year in the approval period.

Note

An approved Form NR5 is valid for five tax years. However, if your situation changes during this period, you may have to file a new Form NR5. For more information, see Form NR5 5-year Administrative Policy.

The CRA will use your completed Form NR5 to determine if a section 217 election will benefit you.

If the election is beneficial for you, the CRA will authorize your Canadian payer(s) to reduce the amount of non-resident tax withheld from your benefits during the approval period.

Before you file

Find out if you have to file a section 217 return

You must file a section 217 return for each year of the period covered by the approved Form NR5. However, even if you did not send a Form NR5 to the CRA for the year or the CRA did not approve it, you may still choose to file a section 217 return to apply for a refund of all or part of the non-resident tax withheld on your eligible section 217 income.

The Income Tax Package for Non-Residents and Deemed Residents of Canada includes the return, schedules, and information you need to complete your section 217 return.

Note

If you emigrated from Canada in 2025, use the tax package for the province or territory where you resided on the date you left Canada.

Section 217 return due date

Your 2025 section 217 return must be filed on or before June 30, 2026. However, if you have a balance owing for 2025, you have to pay it on or before April 30, 2026, to avoid interest charges.

When a due date falls on a Saturday, Sunday, or public holiday recognized by the CRA, your return is considered on time if the CRA receives it or if it is postmarked on or before the next business day. For more information, see Due dates and payment dates.

If you file your 2025 return after June 30, 2026, the CRA cannot accept your section 217 election according to the Income Tax Act.

If you file late and the required amount of non-resident tax was withheld on your eligible section 217 income, the CRA will consider the amount withheld to be your final tax obligation to Canada on that income. However, if the payer withheld less than the required amount of tax, the CRA will send you a notice of assessment for the difference.

Note

The due date for filing your section 217 return may be different if you are also reporting other types of Canadian-source income on your return, such as employment or business income, net Canadian partnership income if you are a limited or non-active partner, or taxable capital gains from disposing of taxable Canadian property. For more information, see Due dates.

Completing your section 217 return

To complete your 2025 section 217 return, use the information in this section and the instructions in your Income Tax and Benefit Guide for Non-Residents and Deemed Residents of Canada.

Write "Section 217" at the top of page 1 of your return.

Identification and other information

Complete this section by following the instructions in your Income Tax and Benefit Guide for Non-Residents and Deemed Residents of Canada.

Income

Report the following income on your return:

For more information about eligible section 217 income, see Eligible section 217 incomeSchedule C, and the Income Tax and Benefit Guide for Non-residents and Deemed Residents of Canada.

Completing Schedule C, Electing under Section 217 of the Income Tax Act

Complete Schedule C if you were a non-resident of Canada for the entire year and are electing to file a return under section 217.

Complete Part 1 to report your eligible section 217 income and calculate the amount of non-resident tax you must pay on your eligible section 217 income.

The amount you calculate may be different from the non-resident tax withheld on this income. This may happen if the payer did not withhold the required amount of tax or if the CRA approved a reduction in the amount of tax to be withheld as a result of the Form NR5 you submitted.

Complete Part 2 to calculate your section 217 tax adjustment, if applicable. For more information, see Section 217 tax adjustment

Deductions

Claim only the deductions that apply to you as a non-resident electing under section 217. For more information, see the Income Tax and Benefit Guide for Non-Residents and Deemed Residents of Canada.

Calculating your federal tax

If you file a section 217 return, you must complete Schedule A, before you calculate your tax on your return.

Completing Schedule A, Statement of World Income

Report your world income on Schedule A. World income is income for the year from all sources inside and outside Canada.

Your income from Canadian sources is the total of your net income (line 23600 from your section 217 return), plus other types of Canadian-source income that are not included on this return, such as dividends, interest, rental income, or worker’s compensation benefits.

Income from foreign sources (when the CRA mentions "foreign source" in this guide, it is referring to sources outside Canada) includes income from employment, self-employment, pension, investment, rental, capital gains, and any other foreign-source income that you would have included on your return if you had been a resident of Canada.

You report your foreign-source income on your Schedule A, but you may also use it on your return. For more information, see Completing Step 5 of your return.

Note

Your world income is used to determine your allowable amount of federal non-refundable tax credits on Schedule B and your section 217 tax adjustment.

Example 1

You are a resident of the United States. In 2025, your world income (in Canadian dollars) includes the following amounts:

  • $18,000 from a pension plan in Canada
  • $500 in dividends from Canadian stocks
  • $500 interest from a savings account in the United States

You elect to file a return under section 217 to have the pension income taxed at a lower rate. On your return, you report the $18,000 pension (eligible income for section 217). Since you have no deductions, the taxable income on line 26000 of your return is $18,000.

You do not report any bank interest or dividends on your return. The United States interest is not subject to tax in Canada but is reported on line 8 of Schedule A. The dividends from Canada are subject to non-resident withholding tax, which is your final tax obligation to Canada on that income, and is reported on line 2 of Schedule A.

When you complete Schedule A, the net world income reported on line 14 and the net world income after adjustments reported on line 16 will be $19,000.

Completing Step 5 of your section 217 return

To calculate your tax payable, which includes the surtax for non-residents and deemed residents of Canada, you have to complete the return and schedules included in the Income Tax Package for Non-Residents and Deemed Residents of Canada.

Enter whichever amount is more on line 71 of your return:

If you use the net world income after adjustments from line 16 of Schedule A to determine your federal tax, you have to calculate the section 217 tax adjustment amount using Part 2 of Schedule C. For more information, see Section 217 tax adjustment.

Note

If you are also reporting Canadian-source employment or business income on your return, you have to pay tax on that income to the province or territory where you earned it. To calculate your tax payable, complete Form T2203, Provincial and Territorial Taxes for Multiple Jurisdictions.

To calculate your tax for Québec, you must file a Revenu Québec Income Tax Return.

Federal non-refundable tax credits

These credits reduce your federal tax.

You can claim all of the federal non-refundable tax credits that apply to you on your return. However, under section 217 of the Income Tax Act, the amount of the credits you can use to reduce your tax may be limited.

After you complete Part B in Step 5 of your return, complete Part B of Schedule B to calculate the allowable amount of federal non-refundable tax credits.

Completing Schedule B, Allowable Amount of Federal Non-Refundable Tax Credits

The allowable amount of federal non-refundable tax credits you can claim depends on the portion of net world income (line 14 of Schedule A) that you included in net income (line 23600) on your section 217 return.

If you included 90% or more of your 2025 net world income in your net income, the allowable amount of federal non refundable tax credits is the total from line 35000 of your return.

If you included less than 90% of your 2025 net world income in your net income, the allowable amount of federal non refundable tax credits is whichever amount is less:

Example 2

In example 1, your net world income was $19,000. To calculate the tax payable, you will enter on line 71 of the return whichever amount is more:

  • your taxable income reported on line 26000 of your return ($18,000)
  • your net world income after adjustments from line 16 of your Schedule A ($19,000)

You have included on your return 90% or more of the net world income.

You calculated the percentage on Schedule B as follows:

$18,000 (net income on your return) ÷ $19,000 (net world income on your Schedule A) = 95%

As a result, you can claim all of the federal non-refundable tax credits (from line 35000 of your return) that would have applied if you were a resident of Canada throughout 2025.

Example 3

If you also earned $12,000 in interest from United States treasury bonds (which does not have to be reported on the Canadian return), you would no longer be including 90% or more of the net world income on your return:

$18,000 (net income on your return) ÷ $31,000 (net world income on your Schedule A) = 58%

Since you have not included 90% or more of the 2025 net world income on your section 217 return, your allowable federal non-refundable tax credits are limited to whichever amount is less:

  • $2,610 (14.5% of your income eligible for the section 217 election, which is the pension income of $18,000)
  • the total federal non-refundable tax credits entered on line 35000 of your return minus 14.5% of the total of lines 31220, 31240, 31270, 31285, 31300, and 31900, if any.

Section 217 tax adjustment

If the amount you enter on line 71 of your return is your net world income after adjustments (line 16 of Schedule A), you have to calculate the section 217 tax adjustment.

Your net world income after adjustments may include foreign source income, which is not taxable in Canada, and Canadian-source income like interest, dividends or rental income, which is not included in the taxable income on your return. This adjustment reduces your federal tax by the portion of taxes that apply to this income

Note

You will find the calculation for the section 217 tax adjustment in Part 2 of Schedule C.

Tax payable

The amount on line 43500 of your return is your tax payable if you make the election under section 217.

Refund or balance owing

Line 46900 – Eligible educator school supply tax credit

If you included in your net income 90% or more of your 2025 net world income (line 14 of Schedule A) and you were an eligible educator, you can claim an amount for eligible supplies that you purchased in 2025. For more information, see line 46900.

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2026-01-20