Home β€Ί Articles β€Ί Canada Β· Taxes

Do I have to file T1135 in my first year as a Canadian tax resident?

⚠️ Disclaimer: For general information only β€” not tax, financial, or legal advice. Figures may be outdated or incorrect; tax rules change frequently. Verify important decisions with the CRA/IRS or a qualified professional. You use this information at your own risk.
The short answer

No β€” in the first year you become a Canadian tax resident, you are generally exempt from filing Form T1135 under section 233.7 of the Income Tax Act (provided you were not previously a Canadian resident). But you must still answer the foreign-property question on your T1 honestly, and from your second year on you must file if your specified foreign property cost more than $100,000 at any time in the year.

The first-year exemption

Section 233.7 exempts a newcomer from T1135 for the taxation year in which they first become resident in Canada. The logic: you just arrived, and the form is meant to track ongoing offshore holdings of established residents.

SituationT1135 in year 1?
First-time immigrant, never resident beforeExempt
Returning Canadian who was resident in a prior yearExemption may NOT apply β€” check carefully
Became resident mid-yearExempt for that year

The T1 question still applies

Your T1 asks whether you owned specified foreign property over $100,000. Answer it truthfully even in year one β€” the exemption is from filing the form, not from the question. A wrong answer here can undermine a later due-diligence defence.

From year two: the $100,000 test

Starting in your second year of residence, file T1135 if the total cost of your specified foreign property exceeded $100,000 at any point in the year. Cost means what you paid, not current market value. The deadline matches your return: April 30 (June 15 if self-employed).

Frequently asked questions

What if I held over $100,000 abroad but only arrived in December?

Still exempt for that arrival year under s.233.7 (if first-time resident). File from the next year.

Does my foreign apartment I live in count toward $100,000?

Personal-use property is excluded from specified foreign property, so your foreign home does not count.

I was a Canadian resident 10 years ago, left, and came back. Am I exempt?

Probably not β€” the exemption targets first-time residents. A prior period of residence can disqualify you, as a Tax Court case on this exact point confirmed.

Sources

  • https://bbs.fcgvisa.com/t/t1135/49134
  • https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/foreign-reporting-requirements.html (CRA, T1135)
Disclaimer β€” please read. This article is for general information and educational purposes only. It is not tax, accounting, legal, financial, or immigration advice, and reading it does not create a professional or client relationship between you and Llandora. Tax and immigration rules change frequently and differ by country, province/state, and personal circumstances; figures, thresholds, and examples in this article may be outdated, incomplete, or incorrect, and may not apply to your situation. Always verify current rules with the official sources (CRA, IRS, IRCC, USCIS) and consult a licensed professional before making any decision. Llandora makes no warranty of any kind β€” express or implied β€” about the accuracy, completeness, reliability, or timeliness of this content. To the fullest extent permitted by law, Llandora disclaims all liability for any loss, damage, cost, or expense arising from errors or omissions in this article or from any action taken or not taken in reliance on it, whether direct, indirect, incidental, or consequential. You rely on this article entirely at your own risk.