TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
№ 417 Tax

T1135 Exemption for Your First Year as a Canadian Resident

New to Canada? Learn whether you're exempt from T1135 foreign property reporting in your first year of residency, and when the exemption stops applying.

Tax5 min readTSLBy the Treadstone Law team · OntarioUpdated 2026-07
All articles
Key takeaways
  • Generally, an individual is not required to file Form T1135 for the tax year in which they first became a resident of Canada for tax purposes.
  • The logic is straightforward: someone arriving in Canada for the first time typically already holds foreign property acquired long before they had any connection to the Canadian tax system.
  • Residency for Canadian tax purposes is a factual determination, not simply a matter of your immigration status.

If you've just moved to Canada and started building a life here, you've probably heard that Canadian tax residents have to report foreign property on Form T1135. What often gets missed is that the first year you become a Canadian resident is treated differently — and understanding why can save you from filing a form you don't actually need to submit yet.

This guide explains the newcomer exemption from T1135 reporting, who it applies to, and when it stops.

The Newcomer Exemption in Plain Terms

Generally, an individual is not required to file Form T1135 for the tax year in which they first became a resident of Canada for tax purposes. This is a well-established, long-standing feature of Canada's foreign-reporting regime — it isn't a temporary program and doesn't depend on figures that change from year to year.

In practice, this means that if you moved to Canada partway through a tax year and became a resident for the first time, you generally don't need to report the foreign property you held during that same year, even if its value would otherwise put you over the filing threshold.

Why the Exemption Exists

The logic is straightforward: someone arriving in Canada for the first time typically already holds foreign property acquired long before they had any connection to the Canadian tax system. Requiring immediate, full foreign-property disclosure the moment someone lands would create a heavy compliance burden for newcomers with no corresponding benefit to tax administration in that first transitional year.

What Counts as "Becoming a Resident" for This Purpose

Residency for Canadian tax purposes is a factual determination, not simply a matter of your immigration status. Relevant factors generally include:

Because residency is fact-specific, someone can become a resident partway through a calendar year even without a single immigration landing date driving the analysis. Getting the residency start date right matters, because it's the year that determines your T1135 exemption. This is a tax-residency question, separate from your immigration status — if you also have status questions, that's a different legal track, covered on our Immigration Law page.

What Happens in Year Two

The exemption is specifically for the year residency begins. Starting with your second tax year as a Canadian resident, the normal T1135 filing rules apply in full — if the cost amount of your specified foreign property is at or above the applicable threshold, you need to file, using whichever of the simplified or detailed methods applies to your holdings that year.

This means the exemption buys you one year to get organized — gathering records on your foreign accounts, investments, and property — before ordinary reporting obligations begin.

Situations That Commonly Cause Confusion

Returning former residents. If you previously lived in Canada, left, and are now returning, the newcomer exemption applies to becoming a resident — the analysis can differ for someone re-establishing residency versus a true first-time newcomer. Confirm your specific situation rather than assuming the exemption applies.

Part-year residents who leave again the same year. If you become a resident and then cease to be one within the same calendar year, how the exemption interacts with that short period of residency should be confirmed with a professional rather than assumed.

Spouses with different immigration timelines. Each individual's T1135 obligations are assessed on their own residency history — one spouse becoming a resident earlier than the other doesn't automatically extend the exemption to both.

Frequently asked questions

Do I still need to file a tax return in my first year as a resident, even though T1135 is exempt?

Yes. The T1135 exemption only affects foreign property reporting — it doesn't exempt you from filing an ordinary T1 income tax return reporting your Canadian-source and applicable worldwide income for the year, subject to the usual residency rules.

Does the exemption apply to corporations or trusts too, or just individuals?

The core newcomer exemption is generally understood to apply to individuals becoming resident for the first time. Corporations, trusts, and partnerships have their own residency and reporting rules, and shouldn't assume the same exemption applies without confirming.

What if I'm not sure exactly when I became a Canadian tax resident?

This is common, especially for people who moved gradually — selling a home abroad, relocating a family, and changing jobs over several months. A tax professional can help you pin down the residency start date, which matters for more than just T1135.

If I miss claiming the exemption and file T1135 anyway in year one, is that a problem?

Filing more than required generally isn't itself a compliance problem, though it's unnecessary work. The bigger risk runs the other way — assuming the exemption applies when it doesn't.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

This is a tax question

Start a file online — flat, published fees, reviewed by a licensed Ontario lawyer before a dollar is owed.

ContactStart a File →