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Realtor cross-border tax: US referral fees, FIRPTA literacy, and dual licences

A referral fee from a US brokerage for a client you handed off from Ontario is not US-taxable income — you performed the service in Canada, so the right move is a W-8BEN, not the W-9 their accounts payable team sends you. The picture changes once you hold a US licence and show property south of the border, and it changes again for your clients the day they sell a Florida home. We keep all three lanes straight.

By the AnalytIQ Accounting team · Last reviewed: August 12, 2026

Real estate agent presenting a property to prospective buyers

A US referral fee is usually a Canada-only tax event

When a Phoenix or Fort Lauderdale brokerage pays you for referring a buyer, that fee is income from a service you performed in Ontario — which makes it foreign-source from the IRS's point of view and simply business income on your Canadian return. The US payer still needs paperwork proving you are not a US person: Form W-8BEN if the fee is paid to you personally, W-8BEN-E if it is paid to your PREC. Sign the W-9 they send by default and you have told the IRS you are a US taxpayer.

If the brokerage withholds 30% anyway — it happens when the form arrives late — you will receive a 1042-S the following spring, and getting the money back means filing a US return. Far easier to get the form in before the first payment. On the Canadian side, the fee converts to CAD at the exchange rate when it is earned, and a referral service supplied to a non-resident brokerage is generally zero-rated for GST/HST: you charge 0% yet still claim input tax credits, unlike the 13% HST on your Ontario commissions.

FIRPTA literacy wins listings — as long as you stay in your lane

Your snowbird and investor clients will eventually sell a US property, and the agent who can explain what happens next earns the referral. Under FIRPTA, the buyer must generally withhold 15% of the gross sale price — not the gain — when the seller is a non-resident of the US. A Form 8288-B withholding certificate, filed before closing, can cut the withholding down to the actual tax on the gain, and reduced rates exist for lower-priced homes the buyer will occupy. Sellers also need a US tax ID (ITIN) and a 1040-NR to settle the real bill and claim any refund.

You should flag these mechanics, not run them — that is tax advice, and it is our job. Agents who work with us hand their clients a clean process: we handle the 8288-B timing, the ITIN application, and the Canadian return where the same gain is reported with a foreign tax credit so it is never taxed twice.

Dual-licensed agents: when commissions become US-source

Hold a Florida or Arizona licence and actually show property there, and the analysis flips: commissions from services performed inside the US are US-source income. The Canada–US treaty still protects you — business profits are taxable in the US only if you have a permanent establishment there — but claiming that protection is an active step, typically a 1040-NR with a Form 8833 treaty disclosure rather than silence. States write their own rules and are not bound by the treaty: Florida has no personal income tax, Arizona does.

Two practical cautions. Track your US days — a pattern of long US stints affects both the treaty position and your personal residency picture. And confirm who the payee can be: many US brokerages will only pay the licensed individual, so commission you hoped to route through your Ontario PREC may have to land personally.

ScenarioUS paperworkCanadian side
Referral fee, all work done in OntarioW-8BEN or W-8BEN-E on file; no US returnBusiness income in CAD; usually zero-rated for HST
Dual-licensed, showing homes in Arizona1040-NR with Form 8833 treaty claim; state return where requiredSame income reported; foreign tax credit for US tax paid
Client selling a Florida propertyFIRPTA 15% withholding; Form 8288-B; ITIN; 1040-NRGain on their T1 with foreign tax credit — our file, your referral
Fee paid to your PRECW-8BEN-E with treaty claimCorporate income on the PREC's T2

Where the PREC fits in a cross-border practice

The PREC remains the right home for your Canadian commission flow — small business rate on retained earnings, salary-dividend flexibility — and we cover the setup on our realtor incorporation page. Cross-border, it adds bookkeeping duties rather than magic: USD fees need consistent FX conversion, a US bank account kept for convenience counts toward the $100,000 T1135 reporting threshold along with any US rental or investment assets, and the W-8BEN-E on file with each US payer needs renewing — the form lapses at the end of the third calendar year after you sign it.

What the PREC does not do is shelter US-source commissions from US rules, and holding US real estate inside it creates problems we would rather help you avoid. Before you take the dual-licence leap or a referral partnership gets serious, a one-hour planning call sets the structure while it is still cheap to change.

Source: IRS — FIRPTA withholding.

Common questions.

A US brokerage sent me a W-9 before releasing my referral fee. Do I sign it?

No — the W-9 is for US persons. As a Canadian resident you complete Form W-8BEN (or W-8BEN-E for your PREC), which certifies foreign status and stops 30% backup withholding on a fee that is not US-taxable in the first place.

Do I charge HST on a referral fee from a US brokerage?

Generally no — a referral service supplied to a non-resident is normally zero-rated, so you charge 0% while keeping your input tax credits. The fee still gets reported on your GST/HST return and as income on your T1 or T2.

My client is selling their Arizona condo. What should I warn them about?

FIRPTA: the buyer must generally withhold 15% of the gross price at closing unless a Form 8288-B withholding certificate is approved first. Timing matters, so send them to a cross-border accountant before listing, not after the offer.

Related reading

Commission income that crosses the border cleanly.

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