5013-G

Electing under section 217

What is a section 217 election?

Canadian payers are required to withhold non-resident tax on certain types of Canadian-source income, including the types of income listed below, that they pay or credit to you as a non-resident of Canada. This tax withheld is usually your final tax obligation to Canada on the income.

However, under section 217 of the Income Tax Act, you can choose to report the types of Canadian-source income listed below on a Canadian return. By doing this, you may be able to pay tax on this income using an alternative taxing method and may receive a refund of some or all of the non-resident tax withheld.

Choosing to report these types of income on a Canadian return is called "electing under section 217" and the return on which you report the income is referred to as a "section 217 return."

Does section 217 apply to you?

You have to send us a section 217 return for 2001 if you submitted Form NR5, Application by a Non-Resident of Canada for a Reduction in the Amount of Non-Resident Tax Required to be Withheld , to us for 2001 and we approved it.

You have the option of sending us a section 217 return for 2001 if you did not submit Form NR5 to us for 2001 and you received any of the following types of Canadian-source income (referred to as section 217 income) in 2001 while you were a non-resident:

• Old Age Security pension
• Canada Pension Plan or Quebec Pension Plan benefits
• most superannuation and pension benefits
• registered retirement savings plan payments
• registered retirement income fund payments
• death benefits
• Employment Insurance benefits
• certain retiring allowances
• registered supplementary unemployment benefit plan payments
• deferred profit-sharing plan payments
• amounts received from a retirement compensation arrangement, or the purchase price of an interest in a retirement compensation arrangement
• prescribed benefits under a government assistance program
• Auto Pact benefits

When is your section 217 return due?

Your 2001 section 217 return has to be filed on or before June 30, 2002.

However, if you are also reporting on the return Canadian-source income such as employment income or taxable capital gains from disposing of taxable Canadian property, and you have a balance of tax owing on that income, you should file the return on or before April 30, 2002, to avoid a late-filing penalty. You should also pay the balance of tax owing on that income by April 30, 2002, to avoid any interest charges.

If you are late in sending us your section 217 return, your election is invalid. If the correct amount of non-resident tax was not withheld, we will send you a non-resident tax assessment.

Completing your section 217 return

Before you start, gather all the documents you will need to complete your return. This includes your information slips (such as your NR4 slips), receipts for any deductions or credits you plan to claim, and the following (which you will find in the centre of this guide):

• Income Tax and Benefit Return for Non-Residents and Deemed Residents of Canada ;
• Schedule A, Statement of World Income ;
• Schedule B, Allowable Amount of Non-Refundable Tax Credits ;
• Schedule 1, Federal Tax ; and
• the Federal Worksheet .

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

Step 2 - Complete the Identification area of the return following the instructions in this guide.

Step 3 - Include the following income on the return:

• all section 217 income that was paid or credited to you in 2001; and
• your 2001 Canadian-source employment and business income, and taxable capital gains from disposing of taxable Canadian property as described in the section called "Total Income" in this guide.

Step 4 - Claim the deductions on lines 207 to 256 that apply to you.

Step 5 - Complete Schedule A, Statement of World Income , and attach it to your return.

Step 6 - Complete Schedule 1, Federal Tax , and attach it to your return. On Schedule 1:

• Enter the correct amount on line 1 (click here for instructions).
• Claim the federal non-refundable tax credits on lines 300 to 349 that apply to you.
• Complete Schedule B, Allowable Amount of Non-Refundable Tax Credits . Enter the allowable amount of non-refundable tax credits on line A on the back of Schedule 1.
• If the amount you entered on line 1 of Schedule 1 was the amount from line 16 of your Schedule A, calculate line 445 - section 217 tax adjustment. On the back of Schedule 1, you will find the area used to calculate line 445.
• Calculate and enter the amount of surtax for non-residents and deemed residents of Canada on line D of the back of Schedule 1.

Step 7 - Complete lines 420 to 435 on the return, if they apply to you.

Step 8 - On line 437 of the return, enter the non-resident tax withheld on your section 217 income (from your NR4 information slip) plus any other amounts withheld on your information slips for any other Canadian-source income that you are reporting on this return. Complete the remainder of the return.

Note
Be sure to attach your information slips, and a completed Schedule 1 and Schedule A, to your return.

As long as you file your section 217 return on time, we will refund any taxes withheld that are more than the amounts you owe.