canada real estate 27.5 or 40 years

Mar 23, 2011 5 Replies

is real estate property used in Canada 27.5 or 40 year property?



Publication 946 says



Required use of ADS. You must use ADS for the following property.



  • Any tangible property used predominantly outside the United States during the year.



GDS would be 27.5 years and ADS is 40 years.



I looked in the tax treaty between Canada and the US

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searching for "real estate","rental", "depreciation", but found nothing.


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searching for "real estate",> "rental", "depreciation", but found nothing. A question for you: Would Canada be outside the United States or inside? When you answer that question, you will have the answer to your question.

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searching for "real estate",> > "rental", "depreciation", but found nothing.>

True, but treaties between Canada, US, and Mexico (such as NAFTA and maybe others) remove borders between countries. For example publication 526 allows you to deduct some donations made to the equivalent to 501(c)(3) charities in Canada:

Canadian charities. You may be able to de- duct contributions to certain Canadian charita- ble organizations covered under an income tax treaty with Canada.

So I was wondering if some part of any treaty gives a special break to depreciation.

And, did you find anything in the treaty? You said no...

Did you also look at the technical explanation of the treaty? Probably not since you were looking on the IRS website. Every Tax Treaty has a technical explanation which reviews the treaty in more conventional English.

BTW, did you search for charitable in the treaty and if so, did you find the reference?

Nothing. The technical explanation 2008 is at

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Seems nothing about depreciation or rental here.

Both the treaty and technical explanation talks about "charitable" contributions.

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searching for "real estate",>> "rental", "depreciation", but found nothing.>

...implying the answer is, "40 year property".

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