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Non-resident Tax Status for Canadians

 
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Jessiemiles



Joined: 07 Jun 2012
Posts: 49
Location: Home

PostPosted: Tue Dec 11, 2012 9:34 pm    Post subject: Non-resident Tax Status for Canadians Reply with quote

Have any Canadians reading this forum applied for and been granted non-resident tax status while living and working in Saudi Arabia?

I am especially interested in hearing how people dealt with 'secondary ties' like the driver's license, bank accounts, and credit cards.

Any information is appreciated Smile
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cmp45



Joined: 17 Aug 2004
Posts: 1475
Location: KSA

PostPosted: Wed Dec 12, 2012 4:16 am    Post subject: Reply with quote

I have non-resident status. I have a driver's license, bank account, and credit card.
It is near impossible to live in this world without those three basics.

I do not own property. Non-resident status is no big deal. I hadn't filed for income tax for almost 10 years, then decided to file all of them at once. It was a bit of a headache, but I managed to file for all the back years and have not had any problem with any boegy men coming after me. I did not pay any taxes, but the fees to have the tax returns done for 10 years cost me a few pennies Laughing

The simple equation: If you earn money in Canada while abroad then you must (should) acknowledge that income on your tax return. For example: if you rent your house while abroad, then the rent you recieve would need to be filed as income earned in Canada. Otherwise the tax returns are not much to fill in. As a non -resident, you are not living or working in Canada and all your money is earned outside Canada. I have never had to pay any tax on money earned abroad.

Just be sure to keep all records/documentation such as pay stubs, bank receipts & statements, etc as proof of earnings abroad and place of employment.
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cmp45



Joined: 17 Aug 2004
Posts: 1475
Location: KSA

PostPosted: Wed Dec 12, 2012 6:16 am    Post subject: Reply with quote

I don't recall having formally applied for non-resident status. If I remember correctly when I filed my income tax forms, I just stated that I was non-resident. You may register with the Canadian Embassy in KSA and make an inquiry there? Just keep records for proof of status abroad and employment.
I try to limit my dealings with gov't entities; the less they know the better Laughing
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Jessiemiles



Joined: 07 Jun 2012
Posts: 49
Location: Home

PostPosted: Wed Dec 12, 2012 6:26 am    Post subject: Reply with quote

Thanks cmp45 Smile

I agree about the license, credit card and bank account - not easy to do without.

I can't imagine not being able to drive when outside of the KSA for vacations and I wouldn't be able to get a Saudi license as I am female. Also, I will likely return to Canada at some point and the idea of going through graduated licensing again is very unappealing.
I want to make sure I give up whatever is necessary to qualify for non-resident status though. If I have to pay tax, the money wouldn't be much more than I make here and not really worth moving for.

I'll keep looking into it and I appreciate the advice Smile
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cmp45



Joined: 17 Aug 2004
Posts: 1475
Location: KSA

PostPosted: Wed Dec 12, 2012 6:38 am    Post subject: Reply with quote

Jessiemiles wrote:
Thanks cmp45 Smile

I agree about the license, credit card and bank account - not easy to do without.

I can't imagine not being able to drive when outside of the KSA for vacations and I wouldn't be able to get a Saudi license as I am female. Also, I will likely return to Canada at some point and the idea of going through graduated licensing again is very unappealing.
I want to make sure I give up whatever is necessary to qualify for non-resident status though. If I have to pay tax, the money wouldn't be much more than I make here and not really worth moving for.


To qualify for non-resident status requires that you not be living and working in the country for most of the year. You still file your income tax or should, but that tends to be just a formality since you would not be working or living in country. The Gov't just likes to keep tabs on its citizens incountry as well as abroad. . I don't bother filing every year, but try to file after say 5 years....or more...but I supose the responsible thing to do would be to file every year to avoid any hassles later on...I have never encountered any problems and all money earned abroad was never taxed. However money made from investments are another kettle of fish which you would need to report. The main thing is if you own property or have any business dealings, you would need to report any earnings made while abroad. They only tax you on money earned in Canada. I supose talking to a professional accountant could give you better advice. I have never had any problems. Knock on wood!

No need to worry about having a drivers license , credit card or bank account...it think it is universally understood by most Gov't entities that people require these basics to manage in the world.
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veiledsentiments



Joined: 20 Feb 2003
Posts: 17644
Location: USA

PostPosted: Wed Dec 12, 2012 3:32 pm    Post subject: Reply with quote

While cmp45 seems to be having no problems, I have known other Canadians that did... not sure why. I remember one Canadian saying that the fact that he owned property caused him problems. I would consult with a tax professional to make sure you don't slip up and make your income taxable.

I would suggest filing every year so that you don't have to try to figure out what happened 5 years ago. Laughing Keep the bureaucrats happy is my motto. They have the ability to make your life miserable if they want to...

VS
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Jessiemiles



Joined: 07 Jun 2012
Posts: 49
Location: Home

PostPosted: Thu Dec 13, 2012 7:13 am    Post subject: Reply with quote

Good advice VS Smile

It seems that non-resident status for Canadians is less straightforward than most other countries. It's based on time spent abroad but also has to do with residential ties back home (property, possession, dependents, credit card, club associations, health insurance, magazine subscriptions etc...)

I've heard that keeping a residence in the country means that you'll have to pay tax, but I'm not sure whether an income property is counted as a residential tie. As cmp45 said, taxes need to be paid on income earned in Canada for sure.

I'm curious to hear people's stories because I understand that applications are assessed case by case.
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ghost



Joined: 30 Jan 2003
Posts: 1693
Location: Saudi Arabia

PostPosted: Thu Dec 13, 2012 2:08 pm    Post subject: Health card loss of benefits, for non resident Canadians Reply with quote

One of the issues of becoming 'Canadian non resident' is that you lose the right to use the Canadian Province Health card coverage that you may have.

How long does it take, to get back into the health system, once you return to Canada? Different Provinces may have different rules, but in Quebec, once you become 'non resident' you should (in theory) hand in your Quebec 'carte d'assurance maladie' (health card) . I am not sure if it is 3 months/6 months or 1 year permanent residency?

Also, for those who go back to Canada during the summers, how do you get coverage - or do you buy overseas health coverage, which can be expensive?

Ghost in Saudi
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Jessiemiles



Joined: 07 Jun 2012
Posts: 49
Location: Home

PostPosted: Thu Dec 13, 2012 10:47 pm    Post subject: Re: Health card loss of benefits, for non resident Canadians Reply with quote

ghost wrote:
One of the issues of becoming 'Canadian non resident' is that you lose the right to use the Canadian Province Health card coverage that you may have.

How long does it take, to get back into the health system, once you return to Canada? Different Provinces may have different rules, but in Quebec, once you become 'non resident' you should (in theory) hand in your Quebec 'carte d'assurance maladie' (health card) . I am not sure if it is 3 months/6 months or 1 year permanent residency?

Also, for those who go back to Canada during the summers, how do you get coverage - or do you buy overseas health coverage, which can be expensive?

Ghost in Saudi


I think it takes 3 months to be eligible for coverage in Ontario and B.C., the two provinces I move back and forth between. You have to stay in your province of residence for about 7 months or the health insurance can be cancelled.

I'm looking into overseas health coverage now. I've thought about the cost, but it's far less than the taxes would be. I'd pay around $9000, so even if I pay $1200 a year for supplemental health insurance, it's worth it. A friend of mine has some very affordable health insurance ( around $450 a year), but that price is only available to residents of Canada.

Becoming a non-resident won't be completely free, but it will cost less than staying a resident of a country I won't actually reside in Smile
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veiledsentiments



Joined: 20 Feb 2003
Posts: 17644
Location: USA

PostPosted: Fri Dec 14, 2012 1:47 am    Post subject: Re: Health card loss of benefits, for non resident Canadians Reply with quote

ghost wrote:
Also, for those who go back to Canada during the summers, how do you get coverage - or do you buy overseas health coverage, which can be expensive?

I never bothered with overseas health coverage since I had free medical in my country of residence (Oman, Kuwait, UAE). Then when I went on summer leave I bought a plan offered by the travel agencies - and one chose whole world... or exclude the US. (the expensive country to cover)

VS
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Jessiemiles



Joined: 07 Jun 2012
Posts: 49
Location: Home

PostPosted: Fri Dec 14, 2012 2:18 am    Post subject: Re: Health card loss of benefits, for non resident Canadians Reply with quote

veiledsentiments wrote:
I never bothered with overseas health coverage since I had free medical in my country of residence (Oman, Kuwait, UAE). Then when I went on summer leave I bought a plan offered by the travel agencies - and one chose whole world... or exclude the US. (the expensive country to cover)

VS


This was what I was planning to do, but a couple people have recommended getting health insurance on top of the university's medical plan. The recommendations have made me a little nervous. Not sure what to do yet, but I'll keep looking at options.
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cmp45



Joined: 17 Aug 2004
Posts: 1475
Location: KSA

PostPosted: Mon Dec 17, 2012 6:48 am    Post subject: Reply with quote

http://www.cra-arc.gc.ca/E/pub/tp/it221r3-consolid/it221r3-consolid-e.pdf
Info here covers alot of your concerns...
here is one excerpt ...
... a non-resident individual might acquire a dwelling place in Canada for the purpose of residing in that dwelling place upon his or her
retirement at some point in the future. If the individual were
to lease the dwelling place to a third party during the period
of time between acquiring the dwelling place and residing
there, then, unless the individual had other residential ties to
Canada, the dwelling place would not be a significant
residential tie with Canada during that period of time.
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
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Jessiemiles



Joined: 07 Jun 2012
Posts: 49
Location: Home

PostPosted: Tue Dec 18, 2012 12:03 am    Post subject: Reply with quote

That's great cmp45, cheers Smile

Being granted non-resident status seems more complicated than it needs to be. I know somebody who was denied, but spoken to or heard from five people, including you, who had no problem at all. Guess I'll just have to see...
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ultraman111



Joined: 17 Sep 2011
Posts: 148

PostPosted: Thu Dec 20, 2012 2:54 pm    Post subject: Reply with quote

what if your the working father and the wife and kids are still in Canada? Do you have to declare earnings and pay tax?
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Jessiemiles



Joined: 07 Jun 2012
Posts: 49
Location: Home

PostPosted: Thu Dec 20, 2012 4:58 pm    Post subject: Reply with quote

ultraman111 wrote:
what if your the working father and the wife and kids are still in Canada? Do you have to declare earnings and pay tax?


The following are excerpts from CRA's website that might apply to your situation.


� 4. The most important factor to be considered in determining whether or not an individual leaving Canada remains resident in Canada for tax purposes is whether or not the individual maintains residential ties with Canada while he or she is abroad. While the residence status of an individual can only be determined on a case by case basis after taking into consideration all of the relevant facts, generally, unless an individual severs all significant residential ties with Canada upon leaving Canada, the individual will continue to be a factual resident of Canada and subject to Canadian tax on his or her worldwide income.

� 7. If an individual who is married or cohabiting with a common-law partner leaves Canada, but his or her spouse or common-law partner remains in Canada, then that spouse or common-law partner will usually be a significant residential tie with Canada during the individual's absence from Canada. Similarly, if an individual with dependants leaves Canada, but his or her dependants remain behind, then those dependants will usually be considered to be a significant residential tie with Canada while the individual is abroad. Where an individual was living separate and apart from his or her spouse or common-law partner prior to leaving Canada, by reason of a breakdown of their marriage or common-law partnership, that spouse or common-law partner will not be considered to be a significant tie with Canada.

10. Where an individual has not severed all of his or her residential ties with Canada, but is physically absent from Canada for a considerable period of time (that is, for a period of time extending over several months or years), the Courts have generally focused on the term "ordinarily resident" in determining the individual's residence status while abroad. The strong trend in decisions of the Courts on this issue is to regard temporary absence from Canada, even on an extended basis, as insufficient to avoid Canadian residence for tax purposes. Accordingly, where an individual maintains residential ties with Canada while abroad, the following factors will be taken into account in evaluating the significance of those ties:

(a) evidence of intention to permanently sever residential ties with Canada,

(b) regularity and length of visits to Canada, and

(c) residential ties outside Canada.

For greater certainty, the CCRA does not consider that intention to return to Canada, in and of itself and in the absence of any residential ties, is a factor whose presence is sufficient to lead to a determination that an individual is resident in Canada while abroad.


http://www.cra-arc.gc.ca/E/pub/tp/it221r3-consolid/it221r3-consolid-e.html

You might be a resident in CRA's eyes even if you don't normally live in Canada, which means you have to file and pay taxes. You can talk to a tax attorney, or just file the form NR73 and see what CRA says.

http://www.cra-arc.gc.ca/E/pbg/tf/nr73/README.html
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