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Entity Setup Case Study: Impact of Eliminating the Underused Housing Tax for Foreign Owners

How the proposed removal of Canada’s Underused Housing Tax (UHT) changes the financial picture for foreign property owners and real estate investors.

By NomadicTax Research Team · 5-8 min read

What is the Underused Housing Tax (UHT)?

Introduced in 2022, the Underused Housing Tax is a 1% annual tax on vacant or underused residential property owned by non-resident, non-Canadian owners. It requires annual reporting and compliance filings even if no tax is due. (budget.canada.ca)

What’s Changing?

Budget 2025 proposes to eliminate the UHT starting with the 2025 calendar year:

  • No tax payable and no UHT returns required for 2025 onward.
  • But obligations remain for 2022–2024 calendar years, including filings and any applicable penalties/interest. (budget.canada.ca)

How This Affects Entities and Investors

Foreign Real Estate Investors

  • Reduced compliance burden: No need to file UHT returns from 2025 onward.
  • Cash flow relief: No 1% tax payment from 2025, improving net yield.
  • Historical exposure remains: Returns and taxes for 2022-2024 must still be filed and settled.

Corporations Owning Property Through Foreign Entities

  • Structure reviews needed to determine ownership and liability for UHT before 2025.
  • Existing entities might now re-assess their holding structure for foreign ownership compliance.

Example Scenario

Hong Kong-based entity owns a rental home in Vancouver. Under UHT they were required to file annually and pay 1% of value or show exemption. For 2025, no return or payment required. But for 2023 they must file to avoid penalties.

Actionable Steps for Entity Setup & Investors

  • Assess your past UHT obligations: Confirm if filed for 2022-2024. Penalties if not.
  • Re-evaluate ownership structures: If holding via foreign partnerships or trusts, check whether they were non-resident/non-Canadian.
  • Update financial models: Remove UHT cost from expected holding expenses from 2025 onward.
  • Monitor legislation: Though proposed in Budget 2025, removal must be legislated (royal assent) and draft amendments should be reviewed.

Key Takeaways

  • UHT removal significantly eases burden for foreign owners from 2025 forward.
  • Important: liability for earlier years isn’t wiped—ensure compliance.
  • This policy signals government interest in encouraging foreign investment or easing restrictions on foreign ownership compliance.

Sources

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