u/originalgainsterr/USExpatTaxesMay 10, 2026
You can make this L-1B move with your family, but settle each person’s entry status and your Ontario home plan before leaving, because those choices drive your tax and rental obligations.
“I am moving from Toronto to Seattle on an L1B visa with my family of four, and we own a primary residence and a rental property in Ontario. What are the most important things to prepare and keep in mind for this move?”
Summary
You can separate this into three manageable jobs: confirm each person’s entry documents, choose what happens to the Ontario family home, and set up the rental and household records for both tax systems. Owning two Ontario properties does not itself prevent the move or automatically mean both houses are sold for Canadian tax purposes.
Your biggest property decision is whether to keep your Ontario family home available, rent it out, or sell it; each produces a different tax-residence or property-tax issue.
You can keep it, but a Canadian dwelling available for your own occupation is a significant residential tie. Moving the whole family and establishing a Seattle home matter too; if both countries regard you as resident, the Canada–U.S. treaty considers where a permanent home is available and then your closer personal and economic relations. Do not assume your Canadian ends on the moving date. [CRA Folio S5-F1-C1](https://www.canada.ca/en/revenue-agency/services/tax/technical-information/income-tax/income-tax-folios-index/series-5-international-residency/folio-1-residency/income-tax-folio-s5-f1-c1-determining-individual-s-residence-status.html); [Canada–U.S. tax treaty, Article IV](https://laws.justice.gc.ca/eng/acts/C-10.7/page-2.html)
An arm’s-length lease can make the home less significant as a residential tie, but changing a principal residence to a rental generally creates a deemed sale at fair market value. A signed subsection 45(2) election for the change-of-use year can defer reporting that gain if its conditions are met; do not claim capital cost allowance while it applies. Add this property to the Canadian rental-income arrangements. [CRA Folio S5-F1-C1](https://www.canada.ca/en/revenue-agency/services/tax/technical-information/income-tax/income-tax-folios-index/series-5-international-residency/folio-1-residency/income-tax-folio-s5-f1-c1-determining-individual-s-residence-status.html); [CRA principal-residence guidance](https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/personal-income/line-12700-capital-gains/principal-residence-other-real-estate.html)
A sale is different from merely emigrating: determine whether the Canadian principal-residence exemption covers the eligible years, and report/designate a qualifying principal-residence disposition. If you sell after becoming a Canadian nonresident, the nonresident-vendor notification rule generally requires notice to CRA within 10 days after disposition. The treaty still permits Canada to tax gains on Canadian real estate. [CRA principal-residence guidance](https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/personal-income/line-12700-capital-gains/principal-residence-other-real-estate.html); [CRA nonresident-sale guidance](https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/information-been-moved/disposing-acquiring-certain-canadian-property.html); [treaty, Article XIII](https://laws.justice.gc.ca/eng/acts/C-10.7/page-2.html)
In every option, the existing Ontario rental still needs Canadian rental-tax treatment if you become a nonresident, and your actual citizenship, family relationships, move dates, and prior U.S. days determine other branches.
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Next steps
These steps put the immigration documents first, then deal with the property decisions and the Seattle tasks they unlock.
Before crossing the border
Prepare each family member’s entry packet
Have the employer supply the L-1 petition/approval documents for your actual case; a Canadian citizen under an approved blanket petition may present the employer-completed Form I-129S to CBP at an eligible port or preflight location. If the accompanying people are your spouse and unmarried children under 21, seek L-2 admission for them. Canadian citizens generally do not need a visa stamp for this classification; Canadian permanent residents who are not citizens need the relevant nonimmigrant visa. [USCIS I-129S](https://www.uscis.gov/i-129s); [USCIS family rules](https://www.uscis.gov/policy-manual/volume-2-part-l-chapter-2); [State Department citizenship rule](https://travel.state.gov/content/travel/en/us-visas/tourism-visit/citizens-of-canada-and-bermuda.html)
Requirements
Immediately after arrival
Save and inspect every I-94 after admission
Use CBP’s [I-94 site](https://i94.cbp.dhs.gov/I94/#/home), choose “Get Most Recent I-94,” and save each person’s record; compare the class of admission and admit-until date with the family’s documents. The eligible spouse’s unexpired should identify for status-based work authorization; children are not work-authorized merely because they hold L-2 status. Report any later U.S. address change through [USCIS’s online account](https://my.uscis.gov/file-a-form) within 10 days of moving. [CBP](https://www.cbp.gov/travel/international-visitors/i-94); [USCIS L-2 employment guidance](https://www.uscis.gov/policy-manual/volume-10-part-b-chapter-2); [USCIS address guidance](https://www.uscis.gov/ar-11)
Requirements
Before a lease or sale starts
Choose what to do with the Ontario family home
If you keep the home available for your use, retain that fact in your Canadian-residence assessment. If you convert it to a rental, document its fair market value at conversion; if choosing the subsection 45(2) election, attach a signed letter describing the property and election to the Canadian return for the change-of-use year, and do not claim capital cost allowance. If you sell as a Canadian nonresident, prepare the applicable CRA nonresident-vendor notification: it is generally due within 10 days after disposition. [CRA residence folio](https://www.canada.ca/en/revenue-agency/services/tax/technical-information/income-tax/income-tax-folios-index/series-5-international-residency/folio-1-residency/income-tax-folio-s5-f1-c1-determining-individual-s-residence-status.html); [CRA change-of-use rules](https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/personal-income/line-12700-capital-gains/principal-residence-other-real-estate.html); [CRA nonresident sales](https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/information-been-moved/disposing-acquiring-certain-canadian-property.html)
Requirements
When Canadian nonresident treatment begins
Arrange Canadian withholding on Ontario rent
For rent paid while you are a Canadian nonresident, arrange for the payer or agent to withhold 25% of gross rent and remit it to CRA by the 15th day of the next month. To seek 25% withholding on estimated net rent instead, you and a Canadian-resident agent submit to CRA before the first relevant rent payment if possible; reduced withholding begins only after CRA approval. Complete the related rental return, Form T1159; CRA ordinarily allows two years after the end of the rental-income year, but an approved NR6 carries an earlier following-year filing requirement. [CRA rental-income instructions](https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/information-been-moved/rental-income-non-resident-tax/filing-reporting-requirements.html)
Requirements
Throughout the move year
Record the departure date and track both tax systems
If you become a Canadian emigrant for tax purposes, enter your departure date on the Canadian departure-year income-tax return. Count U.S. days under the IRS test: at least 31 days in the current year and a weighted 183 days across three years; depending on arrival and prior travel, you may not become a U.S. tax resident in the arrival year. Once U.S. resident, account for Ontario rental income on the federal return, generally Schedule E, and assess a foreign tax credit for eligible Canadian income tax. Separately assess if your combined foreign financial accounts exceed US$10,000 at any time in a calendar year. [CRA departure guidance](https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/individuals-leaving-entering-canada-non-residents/leaving-canada-emigrants.html); [IRS presence test](https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test); [IRS rental guidance](https://www.irs.gov/taxtopics/tc414); [FinCEN](https://www.fincen.gov/report-foreign-bank-and-financial-accounts)
Requirements
Before Ontario coverage is relied on
Put family health coverage in place
Arrange employer-provided U.S. coverage or apply through [Washington Healthplanfinder](https://www.wahealthplanfinder.org/us/en/health-coverage/get-started/special-enrollment-en.html): a move to Washington is a qualifying event and its special-enrollment application window is 60 days. Ontario’s extended out-of-country OHIP provision requires Ontario to remain your primary home, so a Seattle relocation is not a sound basis for relying on that exception. [Washington Healthplanfinder](https://www.wahealthplanfinder.org/us/en/health-coverage/get-started/special-enrollment-en.html); [Ontario OHIP](https://www.ontario.ca/page/ohip-coverage-while-outside-canada)
Requirements
After securing a Seattle address
Enroll eligible children and obtain work records
If your children will attend Seattle Public Schools, complete [online enrollment](https://registration.powerschool.com/family/gosnap.aspx?action=45197&culture=en) for each child. Supply two address proofs dated within eight weeks and each child’s Certificate of Immunization Status or applicable exemption; age proof is also requested for kindergarten, first grade, and preschool applicants. For an eligible working adult who needs a Social Security number, start the free application using [SSA’s noncitizen instructions](https://www.ssa.gov/pubs/EN-05-10107.pdf), then attend the required appointment with original immigration and identity documents. [Seattle enrollment](https://www.seattleschools.org/enroll/enroll-my-student); [Seattle immunizations](https://www.seattleschools.org/departments/health-services/immunizations); [SSA](https://www.ssa.gov/pubs/EN-05-10107.pdf)
Requirements
Within 30 days of moving
Get a Washington license and handle any vehicle
Obtain a Washington driver license within 30 days after moving, before registering a vehicle in Washington. If bringing a Canadian car into the United States, CBP says to complete EPA Form 3520-1 and DOT Form HS-7 for the federal import and retain its foreign registration and purchase documents; importing is separate from Washington registration. [Washington DOL](https://dol.wa.gov/moving-washington); [CBP vehicle-import rules](https://www.cbp.gov/trade/basic-import-export/importing-car)
Requirements
Others who faced this
You are not the first to go through this. Here is how it went for others who asked the same thing.
u/agenttomatoor/PersonalFinanceCanadaDec 20, 2025
u/Few_Cloud928r/expatsMar 27, 2026
Legal sources
The rules come from USCIS, the State Department, CBP, CRA, the Canada–U.S. tax treaty, the IRS, FinCEN, Ontario, and Washington and Seattle agencies.
U.S. Department of State, Canadian citizens and visas
Canadian citizenship, rather than residence in Canada, determines the general visa-stamp exemption.
Citizens of Canada traveling to the United States do not require a nonimmigrant visa, except for the travel purposes described below.
U.S. Department of State, Canadian citizens and visas
Canadian permanent residence alone does not provide the Canadian-citizen visa exemption.
**Permanent residents (landed immigrants) of Canada** must have a nonimmigrant visa.
USCIS Policy Manual Vol. 2 Pt. L Ch. 2
An eligible spouse and unmarried children under 21 may receive L-2 status.
Family Members
The spouse and unmarried dependent children (under the age of 21) of an L-1 beneficiary may, if eligible, be granted L-2 classification and be given the same validity dates as the L-1 principal.
USCIS Policy Manual Vol. 10 Pt. B Ch. 2
L-2 spouse and child admission codes differ, with work authorization attaching to the eligible spouse rather than the child.
The application of these new COA codes distinguishes dependent spouses from dependent children, who are not employment authorized incident to status.
Form I-129S
A Canadian citizen using an approved blanket L petition has a specific port-of-entry procedure.
If they are a Canadian citizen, they may file Form I-129S (that you completed as their petitioning employer) directly with U.S. Customs and Border Protection (CBP) at certain ports of entry and certain pre-flight inspection locations.
CBP Form I-94 guidance
CBP provides the arrival record that each family member should inspect after entry.
If a traveler would like a paper Form I-94, the traveler can print their own I-94 Form from the I-94 website using "Get Most Recent I-94" or by using the same option on the CBP Link mobile application.
CRA, Leaving Canada (emigrants)
Leaving Canada and severing principal residential ties determine emigrant treatment.
You sever your residential ties with Canada
CRA, Leaving Canada (emigrants)
Keeping an Ontario home is a significant consideration for Canadian residence.
Significant residential ties to Canada include: a home in Canada
CRA Income Tax Folio S5-F1-C1
An arm’s-length lease affects whether a retained dwelling counts as a significant Canadian tie.
1.27
Generally, a lease to a third party would have to be on arm's length terms and conditions for a dwelling place located in Canada not to be considered a significant residential tie with Canada.
Canada–U.S. Income Tax Convention, Art. IV
The treaty provides a residence tie-breaker if both countries classify the individual as resident.
Article IV(2)(a)
(a) He shall be deemed to be a resident of the Contracting State in which he has a permanent home available to him; if he has a permanent home available to him in both States or in neither State, he shall be deemed to be a resident of the Contracting State with which his personal and economic relations are closer (centre of vital interests);
CRA, Dispositions of property on leaving Canada
Canadian real estate is listed among exceptions to the ordinary emigration deemed-disposition rule.
Some **exceptions** are: Canadian real or immovable property, Canadian resource property, and timber resource property
CRA, Nonresident rental-income filing and reporting
Canadian nonresident rent normally faces 25% withholding on gross payments.
If you receive rental income from real or immovable property in Canada, the payer or agent (such as the property manager) must withhold non-resident tax of 25% on the **gross** rental income paid or credited to you.
Form NR6, CRA rental guidance
NR6 must be arranged early to seek withholding based on net instead of gross rent.
You should send the CRA Form NR6 on or before January 1 of **each year** or before the first rental payment is due.
Form NR6, CRA rental guidance
CRA approval of NR6 permits an agent to withhold against estimated net rent.
After the CRA approves your Form NR6 , your agent can withhold non-resident tax of 25% on your net rental income (that is the amount of rental income you receive after you deduct allowable expenses).
CRA, Principal residence and other real estate
Changing the Ontario residence into a rental generally creates a deemed disposition at market value.
Every time you change the use of a property, you are considered to have sold the property at its fair market value (FMV) and have immediately reacquired the property for the same amount.
CRA, Principal residence and other real estate; ITA 45(2)
The change-of-use election defers reporting the gain but prohibits depreciation claims.
Subsection 45(2) election
If you make this election, you cannot claim capital cost allowance (CCA) on the property.
CRA, Principal residence and other real estate; ITA 45(2)
The election’s potential additional principal-residence years are restricted by Canadian-residence conditions.
Subsection 45(2) election
you are a resident or deemed to be a resident of Canada
CRA, Disposing of Canadian property as a nonresident
A nonresident sale of taxable Canadian property carries prompt CRA notice requirements.
The non-resident vendor must notify the CRA about the disposition (notification is required within 10 days of the date the property was disposed of) or proposed disposition by completing the applicable notification forms below and sending them to the CRA along with the payment or acceptable security to cover the resulting tax payable :
IRS, Substantial presence test
U.S. income-tax residence depends on actual qualifying presence, not simply an L-1B admission.
To meet this test, you must be physically present in the United States (U.S.) on at least: 31 days during the current year, and 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
IRS, Alien taxation: essential concepts
Once a U.S. tax resident, foreign-source income generally enters the U.S. income-tax return.
You must report these amounts whether from sources within or outside the United States.
Canada–U.S. Income Tax Convention, Art. VI
The treaty preserves Canada’s ability to tax Canadian-situs rental income.
Article VI(1)
1 Income derived by a resident of a Contracting State from real property (including income from agriculture or forestry) situated in the other Contracting State may be taxed in that other State.
IRS, Foreign Tax Credit
Foreign-tax-credit rules can help address tax imposed by both countries on the same income.
If you paid or accrued foreign taxes to a foreign country or U.S. possession and are subject to U.S. tax on the same income, you may be able to take either a credit or an itemized deduction for those taxes.
FinCEN, Report of Foreign Bank and Financial Accounts
Foreign bank-account reporting has a US$10,000 combined-account-value trigger.
A United States person that has a financial interest in or signature authority over foreign financial accounts must file an FBAR if the aggregate value of the foreign financial accounts exceeds $10,000 at any time during the calendar year.
IRS, Form 8938 questions and answers
The Ontario houses themselves are not Form 8938 assets.
Foreign real estate is not a specified foreign financial asset required to be reported on Form 8938.
Washington DOL, Moving to Washington
Washington sets a 30-day deadline to obtain its driver license after the move.
You have 30 days after you move to Washington (WA) to get your WA driver license, and you'll need your WA driver license before you can register any vehicles here.
Washington Healthplanfinder, Special Enrollment
Moving into Washington can open a 60-day marketplace special-enrollment window.
You have 60 days from the event to apply for a special enrollment period.
Ontario, OHIP coverage while outside Canada
Ontario’s extended OHIP absence provision depends on retaining Ontario as the primary home.
make **Ontario your primary home**
Seattle Public Schools, Immunizations
Children attending Seattle schools need qualifying vaccination documentation.
To attend school students must present a signed Certificate of Immunization Status (CIS).
Seattle Public Schools, Enroll My Student
Seattle school enrollment requires current proof of the local address.
**Two pieces of address verification** (dated within the **past eight weeks** )
SSA, Social Security Numbers for Noncitizens
Social Security number applications have no fee.
Applying for an SSN card is free.
USCIS, Form AR-11 / Change of Address
Noncitizens must report U.S. address changes promptly to USCIS.
If you are a alien in the United States, you must report any change of address to USCIS within 10 days of moving.
CBP, Importing a Motor Vehicle
Bringing a Canadian vehicle into the United States creates separate federal import-document obligations.
You will also be required to complete EPA form 3520-1 and DOT form HS-7, declaring the emissions and safety provisions under which the vehicle is being imported.
Washington DOR, Income tax
Washington’s current lack of an individual income tax does not remove federal reporting obligations.
Washington does not currently have an individual income tax.
These are the official rules available as of October 11, 2026; filing instructions, fees, and rules can change.
This is general information about official processes, not legal advice, and SettleKit is not a law firm.

