2025 Tax Reporting Guide for BMO Nesbitt Burns

If you owe income tax to the Canada Revenue Agency or Revenu Québec, your tax return and any balance owing must be submitted by the April 30, 2026 deadline, to avoid late-filing penalties and interest charges.

For self-employed individuals, the income tax filing deadline is June 15, 2026; however, any balance owing must be paid by April 30, 2026 to avoid late-filing penalties and interest charges.

The Registered Retirement Savings Plan (“RRSP”) contribution deadline for the 2025 tax year is March 2, 2026.

RRSP annuitants can contribute to their own RRSP until December 31 of the year in which they turn 71 years of age.

Depending on your investment holdings and account activity, you could receive a variety of tax slips that you’ll need to prepare your annual tax return. For a brief overview of the various tax slips and supporting documents you may receive from BMO, along with their expected availability dates, refer to our publication, 2025 Tax Documents Overview and Schedule.

Please make sure that you receive all required tax slips before filing your tax return with the Canada Revenue Agency, and Revenu Québec for Quebec residents, to prevent having to file an amendment.

Please note: Depending on your document delivery preference, your tax documents will be posted on BMO Nesbitt Burns Gateway^® and/or placed in the mail as soon as they are available. If you’re not already registered to access your tax slips exclusively online through Gateway, please speak with your BMO Nesbitt Burns Investment Advisor, or register directly via the Gateway sign-in page. To avoid any potential disruptions in mail service, we strongly recommend that you obtain Gateway access to ensure you have access to your tax slips.

T4RSP/RL-2

Reports income from any withdrawals from a Registered Retirement Savings Plan, including applicable withholding taxes.

T4RIF/RL-2

Reports income from Retirement Income Fund  (“RRIF”) plan withdrawals, including applicable withholding taxes.

T4A/RL-1

Reports Educational Assistance Payments made to the beneficiaries of a Registered Education Savings Plan (“RESP”) and/or Accumulated Income Payments (“AIP”) paid to the plan subscriber during the tax year.

T4FHSA/RL32

Reports contributions, qualifying and taxable withdrawals, income tax deducted and transfers from a First Home Savings Account (“FHSA”) into a Registered Retirement Savings Plan or FHSA.

T5/RL-3

Reports income from your non-registered investments, which may include stocks, bonds, dividends, interest, and any foreign income.

Please note: Tax slips for any mutual fund corporations and BMO High Interest Savings Accounts held in a BMO Nesbitt Burns non-registered account will be sent to you directly by the respective fund company(s).

T3/RL-16

Reports income on investments held in non-registered accounts, including Canadian-based Real Estate Investment Trusts (“REITs”), income trusts, Exchange-Traded Funds (“ETFs”), capital trusts and mutual fund trusts.

Please note: Tax slips for any mutual fund trusts held in a BMO Nesbitt Burns non-registered account will be sent to you directly by the respective fund company(s).

T5013/RL-15

Reports the allocation of income from Canadian Limited Partnerships to the Canadian resident partners.

Saskatchewan Mineral Exploration Tax Credit (“SMETC”)

The SMETC slip is provided to Saskatchewan taxpayers who invest in eligible flow-through shares issued by mining or exploration companies.

T5008/RL-18

Details security positions that were sold, bought, redeemed, or matured in a non-registered account during the tax year for the purpose of calculating capital gains/losses for tax reporting purposes.

Canadian residents outside of Quebec will receive a T5008 Tax Summary slip. Residents of Quebec will receive a “T5008/RL-18 Combo Summary" slip which combines Federal and Quebec tax reporting information.

The T5008/RL-18 Combo Summary slip includes the following information:

• Page 1 provides the taxpayer’s personal information (name, address, etc.);
• Page 2 provides instructions for the T5008/RL-18 Combo Summary slip; and
• Page 3 and subsequent pages include details on securities depositions.

A taxpayer is required to report all disposition transactions reported on the T5008, or combination T5008/RL-18 for residents of Quebec, on their income tax return.

NR4

For non-residents of Canada, all payments and withholding taxes will be reported on the NR4 tax slip(s). NR4s are issued by income classification (e.g., trust, corporate non-registered/registered plans). A non-resident who receives income for multiple classifications will receive a separate NR4 for each income type.

Form 1042-S: Foreign Person’s U.S.-Source Income Subject to Withholding

This form is issued to non-U.S. persons that are beneficial owners of flow-through entities with reportable U.S.-source income and withholding tax. These forms are filed with the Internal Revenue Service (“IRS”).

Form 1042-S: Reporting U.S. Effectively Connected Income from a Publicly Traded Partnership

Section 1446 of the Internal Revenue Code of the United States requires that non-U.S. partners who received U.S. Effectively Connected Income from a Publicly Traded  Partnership are required to report this income to the IRS. The IRS considers this income to be derived from ownership by the partner in an active U.S. trade or business. To fulfill this tax reporting obligation, clients must obtain an Individual Tax Identification Number (“ITIN”) or an Employer Identification Number (“EIN”) from the IRS and provide it to the financial institution where the Publicly Traded Partnerships are held. The financial institution will then provide the client with a 1042-S that can be used to file a tax return with the IRS – and potentially obtain a refund of some of the U.S. withholding tax.

U.S. Effectively Connected Income withholding tax is also applicable when the units are held in a Canadian Registered Plan.

Once you obtain a U.S. ITIN or EIN, notify your BMO Nesbitt Burns Investment Advisor. Your Investment Advisor will have you complete an internal form with your U.S. Tax Identification Number (“TIN”) for individuals or U.S. Employer Identification Number (”EIN”) for an Entity account in order for BMO Nesbitt Burns to issue you a Form 1042-S.

The 1042-S will include the amount of the payment(s) you received from the U.S. Limited Partnership(s) that distributed U.S. Effectively Connected Income and the amount of 1446(a) and/or 1446(f) tax that was withheld and submitted by BMO Nesbitt Burns to the IRS.

Schedule K-1

Effective as of the 2023 tax year, non-U.S. partners holding a foreign or domestic Publicly Traded Limited Partnership will usually receive an IRS a Schedule K-1 tax form if the Publicly Traded Limited Partnership distributed U.S. source income. The K-1 reports the partner’s earnings, losses, dividends, capital gains, etc.

A non-U.S. Limited Partnership that has U.S.-source income, but no Effectively Connected Income is only required to issue a Schedule K-1 if there are one or more U.S. Limited Partner(s) during its taxable year. In this case, the Partnership would issue the Schedule K-1 to its direct U.S. Limited Partner(s), as well as any U.S. Limited Partner(s) who hold any interest in the Limited Partnership through a flow-through entity.

How to obtain a U.S. TIN: 

Individual account holders

Non-U.S. Individual account holders can obtain a U.S. Individual Tax Identification Number by submitting Form W-7: Application for IRS Individual Taxpayer Identification Number to the IRS.  

• You can access a fillable Form W-7 through the IRS website at: W7 Form 

• Instructions for completing Form W-7 can be found at: Instructions for Form W-7 - irs.gov

The IRS will also require supporting documents to verify your identity and foreign status. 

Entity account holders 

The U.S. TIN for Entities is referred to as the Employer Identification Number (“EIN”). Entity account holders, such as corporations, can apply for an EIN on the IRS website at: Employer ID Numbers 

1099 official package: For Qualified Intermediaries (“QI”)/U.S. persons

The following forms are issued to U.S. persons with income that is required to be filed with the Internal Revenue Service:

• 1099-DIV (Dividends and Distributions): Reportable dividends paid to U.S. persons.
• 1099-INT (Interest Income): Reportable interest paid to U.S. persons.
• 1099-B (Proceeds from Broker and Barter Exchange Transactions): Reportable proceeds from sales or redemptions of securities, issued to U.S. residents.
• 1099-MISC (Miscellaneous Income): Reportable U.S. income not included in any of the above forms (such as U.S. royalty income).
  

RRIF/LIF/LRIF/RLIF/PRIF Evaluation Letter
Approximate mailing date: Late January
Please note: This document is not made available online.

Details included in the Evaluation Letter:

• Value of your plan assets on December 31, 2025;
• Minimum amount that must be withdrawn during 2026;
• Maximum amount that can be withdrawn if you have a Life Income Fund (“LIF”), Locked-in Retirement Income Fund (“LRIF”), Registered Retirement Income Fund (“RRIF”), Prescribed Retirement Income Fund (“PRIF”) and/or a Restricted Life Income Fund (“RLIF”); and
• Your desired payment amounts and frequency.

Summary of 2025 tax slips
Approximate mailing date: Early February

This summary details the tax slip(s) that you will receive for the accounts you held at BMO Nesbitt Burns to help ensure that you do not file your tax return before receiving all your BMO Nesbitt Burns tax slips. The summary lists all your T3/RL-16, T5/RL-3 (including split shares) and T5013/RL-15 eligible securities holding(s) for which you will be receiving tax slips between late February and late March.

Additionally, the summary includes an overview of tax receipts and the expected delivery dates of the T5/RL-3/NR4 (regular equity and split share or debt instruments), T3/RL-16/NR4, and tax slips from fund companies and High-Interest Savings Accounts (“HISA”).

Foreign Income Information Statement 
Approximate mailing date: Early February

As a Canadian resident, you are subject to Canadian income tax obligations on worldwide income from all sources. You must file a CRA T1135 Form (Foreign Income Verification Statement), if at any time during the tax year, the total cost amount of all your specified foreign property was more than CAD$100,000.

The Foreign Income Information Statement provides a listing and value of all your foreign security holdings at BMO Nesbitt Burns and provides the maximum cost of foreign property held in your BMO Nesbitt Burns account during the year. This is not an official tax document and is provided to assist you in determining if you have a CRA Form T1135 filing requirement.

Realized Gain/Loss Report
Approximate mailing date: Mid March

This report provides the realized gains and/or losses of securities that you disposed of during the 2025 tax year across all your BMO Nesbitt Burns non-registered accounts. This report will be mailed to you in mid-March and is not an official tax report.

Please note: There may be differences between the adjusted cost base (“ACB”) on the Realized Gain/Loss Report and your T5008/RL-18 tax slip(s). This discrepancy occurs because the regulatory deadline for producing the T5008/RL-18 is a month before the T3/RL-16 and T5013/RL-15 deadline.  As a result, any return of capital for the 2025 tax year captured on the T3/RL-16 and T5013/RL-15 are not captured on the T5008/RL-18. However, the Realized Gain/Loss Report is generated after the production of most of the T3/RL-16 and T5013/RL-15 tax slips and includes the 2025 return of capital reporting for the security. 

Registered Estate tax slips

Based on the registered account, tax slips are issued that reflect the pre- and post-date-of-death payments. Form RC249 - Post-Death Decline in Values is also issued when applicable and filed with regulatory agencies.

You may receive NR4, T3/RL-16, T4A/RL-1, T4RSP/RL-2, or T4RIF/RL-2 tax slips for any income the Estate account earned. There are optional returns that you may file to reduce the tax liability for the deceased. For more information on how to correctly report and file estate tax, please work with your tax advisor.

Foreign exchange conversions (Tax slips and Gain/Loss Report)

All amounts must be converted into Canadian currency when filing your Canadian income tax return. As a result, there may be differences between the amounts reported on your tax slips and the Gain/Loss Report. This occurs because certain tax slips are issued in the native currency of the investment, whereas the Gain/Loss Report is issued in Canadian dollars.

Tax reporting information is provided based on your preference (i.e., either mailed or provided online through your BMO Nesbitt Burns Gateway^® account). Contact your BMO Nesbitt Burns Investment Advisor to obtain a duplicate copy of your tax slip(s) and any associated income reports and statements.

In the event you discover any issues with the financial and/or non-financial information reported on your tax slips, notify your BMO Nesbitt Burns Investment Advisor immediately. Your Investment Advisor will investigate and ensure that you receive an amended tax slip, if applicable. We will also update our systems with the correct information and file any applicable amendments with the appropriate revenue agency.

Immediately inform your Investment Advisor when your residency status changes between countries, or when your residency status changes between being a resident/non-resident of Quebec (if you are re-locating within Canada). When your residency change is updated in our systems, all distributions received as of, and after, the date the residency is changed, will appear on the appropriate tax slip (e.g., Canadian T-slips, Quebec Relevé slips, or NR4 slips) and with the correct withholding tax, where applicable.

Tax slips are issued to the primary accountholder and include the primary account holder’s Social Insurance Number (“SIN”) and Legal name. Where applicable, the joint account holder’s SIN and Legal name are also included.

It is the responsibility of each accountholder of a Joint account to report their individual portion of total income according to the original contribution to the investments.

Informal Trusts, or In-Trust-For accounts, are considered complex trusts from a legal and tax perspective. These accounts are generally used to set aside funds for a minor child, typically for future education expenses. If you signed a Trust Account Supplemental Form, the assets belong irrevocably to the beneficiary(s).

However, In-Trust-For accounts are not necessarily considered formal trusts by the CRA, unless the value of the account has gone over the CRA thresholds ($250K for a Family Trust, $50K for a non-Family Trust) and require the trust to file a T3RET and Schedule 15.

When you file a T3RET and Schedule 15 for the first time, the CRA will issue the trust a Canadian Trust Identification Number (“TIN”). This TIN should be provided to your BMO Nesbitt Burns Investment Advisor so that we can report your account correctly in future years.

For tax purposes, a trust is considered a (individual) taxpayer, which entails several tax filing requirements with which the trustee(s) (i.e., the person(s) holding and administering the trust) must comply. The tax slip(s) are to be issued in the ‘name and SIN’ of the trustee, and not the beneficiary(s).

A foreign spin-off is a distribution by a foreign corporation in the form of shares of a different corporation. Foreign spin-offs are treated as a taxable foreign dividend for Canadian tax purposes. Section 86.1 of the Income Tax Act allows for certain tax elections that defer your tax liability until disposition of the original shares and the spin-off shares. A T5/RL-3 tax slip will be issued to report foreign spin-offs.

For more information on foreign spin-offs, refer to the CRA publication, Foreign Spin-Offs

You may also refer to Eligible spin-offs, published by the CRA, for a list of spin-offs that have been approved by the CRA.

The tax cost base of a security may be different from the original purchase price and information available to BMO Nesbitt Burns at the time of preparing the Statement of Securities Transactions (T5008/RL18) due to various reasons, including:  

• Corporate re-organizations, tax elections, and distributions (such as return of capital);
• The requirement to calculate, for tax purposes, a weighted-average cost of a security that is held across more than one non-registered account, including accounts held with other financial institutions; or
• Other factors such as foreign exchange, immigration, superficial losses, etc.

Clients should speak to their accountants or other tax advisors to confirm the tax cost base of investments reported in Box 20 of the T5008/RL-18. In addition, you are advised to keep a history of account statements/transactions to make any necessary adjustments to the cost base in order to determine the correct gains or losses on investments.

Securities disposed of at a capital loss and repurchased within 30 calendar days may be subject to the CRA’s superficial loss rules.  A ‘sell’ that is ruled by the CRA to be a superficial loss will result in any capital loss deduction claimed by the tax filer to being denied. The superficial loss rules do not apply if the disposed security was held in a registered account.

For additional information please refer to the CRA’s publication, What is a superficial loss?

Tax slips are not issued for Tax-Free Savings Accounts (“TFSAs”). Income earned in or withdrawn from a TFSA is not taxable. However, you will be penalized if you exceed your contribution limit. Any excess contribution made over the contribution limit will be subject to a 1% penalty per month for every month the excess amount remains in the account.

Calculating TFSA contribution room

Any unused TFSA contribution room automatically rolls over from the previous year(s) into the following year. You may contribute up to the TFSA contribution limit for the current year, plus:

• Any previously unused contribution room; and
• Up to any amount you withdraw from your TFSA in the previous year.
  

Please note: An individual cannot open a TFSA or contribute to a TFSA until reaching the age of majority. An individual can contribute up to their full TFSA contribution limit starting in the year in which they turn the age of majority. Only contributions made to a TFSA by a Canadian tax resident with a valid Canadian SIN on file are accepted as TFSA contributions.

Non-residents may continue to maintain a TFSA but cannot make any new contributions. Taxpayers may confirm their annual TFSA contribution limit through the CRA by using their “My Account” application, or by calling the Tax Information Phone Service (“TIPS”) at 1-800-267-6999.

A First Home Savings Account (“FHSA”) is a registered plan that allows first-time home buyers to save for their first home tax-free (up to certain limits). The contribution limit is $8,000 annually, with a lifetime limit of $40,000. Contributions made to an FHSA are tax-deductible and the income earned in the account is tax-free. FHSA withdrawals used to purchase a first home are non-taxable. A T4FHSA is issued for the contributions and withdrawals from an FHSA, as well as any transfers.

Features of the FHSA:

• Unused portions of the annual contribution limit can be carried forward to future years. There is a penalty of 1% per month on excess contributions.
• Contributors may choose which year to deduct their FHSA contribution(s) (e.g., it does not have to be the year in which the contribution was made).
• An individual may transfer funds from an FHSA to another FHSA tax-free.
• Funds can be transferred from an RRSP to an FHSA  tax-free, subject to the FHSA annual and lifetime contribution limits and the qualified investment rules.
• Upon the breakdown of a marriage or a common-law partnership, an amount may be transferred directly from the FHSA of one party in the relationship to an FHSA, RRSP, or RRIF of the other. In such circumstances, transfers will not re-instate any contribution room of the transferor and will not be counted against any contribution room of the transferee.
• A spouse or common-law partner can be designated as the successor account holder, in which case the account can maintain its tax-exempt status.
• For non-residents of Canada, taxpayers can continue to participate in an FHSA, but they cannot make qualifying withdrawals. Any withdrawals other than qualifying withdrawals by non-residents are subject to a withholding tax of 25%, unless reduced by a treaty.

Qualifying withdrawals

Amounts withdrawn from your FHSA must meet all the following conditions:

• You must complete Form RC725, Request to Make a Qualifying Withdrawal from your FHSA and give it to your FHSA issuer;
• You must be a first-time home buyer for the purposes of making a qualifying withdrawal;
• You must have a written agreement to buy or build a qualifying home, and the acquisition or construction completion date of the qualifying home must be before October 1 of the year following the date of the withdrawal;
• You must not have acquired the qualifying home more than 30 days before making the withdrawal;
• You must be a resident of Canada from the time that you make your first qualifying withdrawal from your FHSA until the earlier of the acquisition of the qualifying home, or the date of your death; and
• You must occupy or intend to occupy the qualifying home as your principal place of residence within one year after buying or building it.

The annual contribution period for 2025 for the First Home Savings Account (“FHSA”) was January 1 to December 31, 2025. Taxpayers can claim up to $8,000 in FHSA contributions made by December 31, 2025, as an FHSA deduction on their 2025 income tax and benefit return.

Further information on your FHSA and contribution room can be confirmed with the CRA by using their “My Account” application, or by calling Tax Information Phone Service (“TIPS”) at 1-800-267-6999.

To further assist first-time home buyers, the government permits individuals to withdraw amounts from their RRSP under the Home Buyer Plan (“HBP”) for the purchase of a qualifying home. The maximum RRSP withdrawal limit under the HBP for the 2025 tax year is $60,000.

The following are Canadian/Quebec Tax Identification Numbers (“TINs”):

• Social Insurance Number (“SIN”) for individuals;
• CRA Business Identification Number (“BIN”) and Quebec Enterprise Number (“NEQ”) for entities (i.e., Corporations, partnerships, associations etc.); and
• CRA Trust Identification Number (“TIN”) for formal trusts/estates.

Financial institutions are required to request the appropriate Tax Identification Number(s) from their clients upon account opening. Clients are required by the CRA and Revenue Québec to provide their Tax Identification Number(s) to their financial institution. If either party does not fulfill their obligation, they may be assessed a $100 penalty for each filed tax slip that does not include the client’s Tax Identification Number.

A recipient Tax Identification Number is a mandatory Tax Identification Number and must be included in information returns. Financial Institutions must make a reasonable effort to obtain the recipient’s Tax Identification Number and report it on the information returns.

CRA Business Number

• A CRA Business Number is a unique, nine-digit number and is the standard identifier, unique to a business or legal entity.
• Your CRA Business Number can be obtained by logging into your CRA My Business Account. 
• For additional information, please refer to the Government of Canada's resources on Business Numbers.

Quebec Enterprise Number

• The Quebec Enterprise Number (“NEQ”) is a ten-digit numerical identifier assigned to every company or business registered in Quebec with the Quebec company registry (Registraire des entreprises du Québec).
• Your NEQ can be found on the Quebec Company Registry site. 

For additional information, refer to the publications, Government of Quebec: Learn About the Registration of an Enterprise and Revenu Québec: Application for a Trust Identification Number. 

BMO supplementary, non-regulatory reports are available to make it easier for you and your tax preparer to file your annual tax returns. These reports are available on BMO Nesbitt Burns Gateway. If you have not set up Gateway access, your Investment Advisor can send you the following reports:

Registered Summary Report

• Summarizes contributions, withdrawals, applicable withholding tax, and account activities during the tax year for Registered Accounts (i.e., RRSPs, RRIFs, LIFs, LRIFs and TFSAs).

Non-Registered Summary Report

• Summarizes the dividends, capital gains, return of capital, interest, other income, fees, withholding taxes and realized gains/losses for the tax year.
• Includes account activities for the tax year and the highest daily closing market value during the year.

Calendar and special year-end reports for entity accounts

• Summarizes the taxable transactions, inflows and outflows of cash, any fees and charges and realized gain/loss on securities sold/disposed in an Entity account during the previous fiscal year. Please note: Special year-end reports are only available upon request from your Investment Advisor.

Quebec has harmonized their trust reporting requirements with Federal legislation. Quebec trusts are now required to file a Quebec Trust Income Tax Return (TP-646-V), where appliable.

For additional information on trust reporting requirements, please refer to: Trust income tax return - Canada.ca

In a bare trust, the trustee holds legal title of the trust property and deals with the property at the direction of the beneficiaries.

According to CRA, the trustee must consult and take instructions from each beneficiary with respect to all dealings regarding any of the trust’s property. The trustee can reasonably be considered to be acting as an agent for the beneficiary when:

• The trustee has no significant powers or responsibilities and can take no action without instruction from that beneficiary; and
• The trustee’s only function is to hold the legal title to the property.

For the tax year 2025, the CRA does not require bare trusts to file a T3 Income Tax and Information Return (T3RET), including Schedule 15 (Beneficial Ownership information of Trust), unless the CRA makes a direct request for these filings.

As per the Canada Revenue Agency (“CRA”), bare trusts are not required to file a Trust Income Tax and Information Return (“Trust return”), including Schedule 15 (Beneficial Ownership Information of a Trust) for the 2025 tax year, unless the CRA makes a direct request for these filings. This is a continuation of the exemption from the trust reporting requirements issued for bare trusts for the 2023 tax year.

Beginning in the 2025 tax year, proposed legislation will exempt trusts (including bare trusts) from a filing requirement when:

• A trust has been in existence for less than three months at the end of the year.
• A non-Family Trust holds certain assets (i.e., money, government debt obligations and listed securities) with a total fair market value that does not exceed $50,000 at any point during the year.
• A Family Trust holds certain assets (i.e., money, government debt obligations and listed securities) with a total fair market value that does not exceed $250,000 at any point during the year.

These proposed changes will reduce the number of Trust Income Tax and Trust returns filed for bare trusts.

For additional information, please refer to the publication, New Tax Reporting Requirements for Trusts – BMO Private Wealth for additional information.

Trusts: For taxation years ending after December 30, 2023 (tax years 2023 and later), there are new reporting requirements that apply to most express/personal trusts residents in Canada. These trusts will be required to file an annual return even when there is no income tax liability, and the trust made no distributions/allocations during the year.

The following trusts will continue to be exempt from filing a T3 return and reporting additional beneficial ownership information if there is no income tax payable, no distributions made and no disposition of capital property in the year:

• Trusts that have been in existence for less than three months; and
• Trusts that hold less than $50,000 in assets throughout the taxation year (provided that their holdings are confined to deposits, government debt obligations and listed securities).

Where required, the Trust Income Tax and Information Return (T3RET), including Schedule 15 (Beneficial Ownership information of Trust), must be filed to avoid penalties for non-compliance.

A Publicly Traded Partnership is any partnership whose interests are publicly traded on an established securities market or is readily tradable on a secondary market.

On January 1, 2023, the U.S. Internal Revenue Service implemented new rules for Publicly Traded Partnerships under Section 1446(f). These include:

• Clients who hold Publicly Traded Partnerships are subject to a 10% U.S. withholding tax that can apply to U.S. or non-U.S. Publicly Traded Partnerships.
  
• The sale of a foreign (non-U.S.) Publicly Traded Partnership is not subject to the 1446(f) withholding tax if the Publicly Traded Partnership provides a Qualified Notice (e.g., a '92 Day Notice’).
  
  • Please note: if an entity is organized outside of the U.S. and trades solely on a foreign established securities market or foreign secondary market (“foreign-traded entity”) it is presumed not to be a Publicly Traded Partnership for U.S. tax purposes – unless the broker has actual knowledge otherwise.

As a result of this rule, the following changes may impact the taxpayer:

• Selling an interest in a Publicly Traded Partnership after December 31, 2022, may result in a 10% U.S. withholding tax being deducted from the proceeds by BMO Nesbitt Burns to the IRS;
• BMO Nesbitt Burns must request a U.S. Tax Identification Number from any client holding a Publicly Traded Partnership on, or after, January 1, 2024, if the Publicly Traded Partnership distributed U.S. Effectively Connected Income or U.S. Effectively Connected Net Income during the tax year;
• For U.S. tax purposes, a foreign partner’s gain, or loss from the sale of a Publicly Traded Partnership that is engaged in a U.S. trade or business is treated as income that is effectively connected with a U.S. trade or business. This means that the foreign partner is required to file a U.S. income tax return and report the income for U.S. tax purposes. Consequently, to fulfil this requirement, the foreign partner must have/obtain a U.S. Tax Identification Number from the IRS and provide it to BMO Nesbitt Burns.
• When the client provides their U.S. Tax Identification Number to BMO Nesbitt Burns and provides their consent, an IRS Form 1042-S will be issued by BMO Nesbitt Burns; and 
• The 1042-S reports the amount of U.S. tax withheld.  The client can report the income and tax withheld on their U.S. tax return and potentially receive a refund of the tax withheld to the extent that the tax withheld exceeds the actual U.S. tax owing on the client’s U.S. tax return.
  

BMO Private Wealth provides this information for informational purposes only and it is not and should not be construed as professional advice to any individual. The information contained in this publication is based on material believed to be reliable at the time of publication, but BMO Private Wealth cannot guarantee the information is accurate or complete. Individuals should contact their BMO representative for professional advice regarding their personal circumstances and/or financial position. The comments included in this publication are not intended to be a definitive analysis of tax applicability or trust and estates law. The comments are general in nature and professional advice regarding an individual’s particular tax position should be obtained in respect of any person’s specific circumstances.