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Canadian Revenue Agency - Determination of Residency Status
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Hoser



Joined: 19 Mar 2005
Posts: 694
Location: Toronto, Canada

PostPosted: Fri Apr 11, 2008 1:23 pm    Post subject: Reply with quote

Chris21 wrote:
I had a credit card and a bank account (with about $30,000 in it), but no house or kids in Canada, and the government deemed me to still be a taxable resident (even though I hadn't lived in Canada for years).


If you had a bank account with 30,000 dollars in it then that would make a fair amount of interest. Seeing as that interest is accrued in Canada it makes sense that the government would want a part of that. Did they try to tax your overseas earnings as well?
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seanmcginty



Joined: 27 Sep 2005
Posts: 203

PostPosted: Sat Apr 12, 2008 5:07 am    Post subject: Reply with quote

Hoser wrote:
Chris21 wrote:
I had a credit card and a bank account (with about $30,000 in it), but no house or kids in Canada, and the government deemed me to still be a taxable resident (even though I hadn't lived in Canada for years).


If you had a bank account with 30,000 dollars in it then that would make a fair amount of interest. Seeing as that interest is accrued in Canada it makes sense that the government would want a part of that. Did they try to tax your overseas earnings as well?



The basic rule:

If you are resident in Canada you pay tax on all your Canadian AND world income.

If you aren't resident in Canada, you don't pay tax in Canada (unless you have income from a Canadian source, in which case you might).
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Hoser



Joined: 19 Mar 2005
Posts: 694
Location: Toronto, Canada

PostPosted: Sun Apr 13, 2008 11:26 am    Post subject: Reply with quote

Then what the hell was that business about Canada and Japan having a tax agreement so that you only have to pay it to one country? Is someone posting false information on the intertubes?
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jwbhomer



Joined: 14 Dec 2003
Posts: 876
Location: CANADA

PostPosted: Sun Apr 13, 2008 4:32 pm    Post subject: Reply with quote

Just to clarify the tax treaty situation...
Canada and Japan have a tax treaty but that does not mean that you ignore your Japanese income and taxes paid in Japan when you file your Canadian return. Because of the disparity of levels of taxation -- Canada's income tax is higher than some other countries', lower than others -- you have to declare your Japanese income on your Canadian return. Then you claim a credit for the income tax paid to the Japanese government. Any difference between what you paid in Japan and what you would have paid on the same income in Canada is (effectively) owed to the Canadian government.
There is a form which you attach to your T1 which takes you through the calculation. The CRA also publishes a table of foreign exchange rates to be applied.
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craven



Joined: 17 Dec 2004
Posts: 130

PostPosted: Mon Apr 14, 2008 5:42 am    Post subject: Reply with quote

I'm not sure that's actually the case...I talked to people at the CRA on different occasions, and was told that if you had not generated any Canadian income during the year, there was no need to file a tax return unless you felt you were owed. Sean McGuinty right on the money in his description of the process. The CRA's website has a self-assessment section where you can determine for yourself whether or not you are a non-resident, and if you need extra assurance, you can call and discuss your situation with them directly.
My first year here I filed a return because during part of the year I had lived and worked in Canada. Thereafter, it was unnecessary.
Keeping large amounts of money in a Canadian Bank Account can cause you some pain...simply maintaining a bank account and credit card will not.
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jwbhomer



Joined: 14 Dec 2003
Posts: 876
Location: CANADA

PostPosted: Mon Apr 14, 2008 2:23 pm    Post subject: Reply with quote

Sorry, Craven, but the rule is clear and it's there in black and white. If you are deemed to be a Canadian resident, you are taxed on your world-wide income. Whether or not you had any income in Canada is not the test.

If you want to take a chance and not file a tax return because you had no Canadian income, go ahead. But when you return to Canada and have to file a tax return when you start working again, don't be surprised if they ask you what happened the year(s) before. The CRA doesn't like gaps in your record!

I should make it clear that I am not an apologist for the CRA. I hate them with a passion. The buggers WILL get you if they can!
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vancouver_syndicate



Joined: 09 Sep 2004
Posts: 46
Location: Canada

PostPosted: Tue Apr 15, 2008 11:50 pm    Post subject: Reply with quote

you should apply for non-residency asap. getting non residency is very subjective and quite often ends up being the call the the agent who handles your case. i've heard of people who maintain bank accounts or whatever and still got non residency and some who got rejected. if you don't get it, call them up and appeal the case or ask them the reasoning and make the changes.
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johanne



Joined: 18 Apr 2003
Posts: 189

PostPosted: Wed Apr 16, 2008 12:01 pm    Post subject: Reply with quote

Quote:
If you want to take a chance and not file a tax return because you had no Canadian income, go ahead. But when you return to Canada and have to file a tax return when you start working again, don't be surprised if they ask you what happened the year(s) before. The CRA doesn't like gaps in your record!

I don't know how big a worry this really is. In the 90s I went 4 years without filing a return and upon my return to Canada in 1998 CRA didn't blink an eye and processed my return in 1999. When I returned to Japan in 2004, I filed so I could get a refund on the tax I had paid in Canada for the first half of 2004. Then I didn't file in 2005. They sent me a letter saying please file. So I sent back the form stating I was a non-resident and declared my Japanese income. I received an assessment back from them saying I had no taxable income as far as they were concerned and had "0" owing. I don't expect any problems when I return to Canada. One person's story....


Last edited by johanne on Thu Apr 17, 2008 10:52 am; edited 1 time in total
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craven



Joined: 17 Dec 2004
Posts: 130

PostPosted: Thu Apr 17, 2008 1:37 am    Post subject: Reply with quote

I didn't mean to imply that you wouldn't be taxed if you were determined to be a Canadian resident...simply that you need not file every year when you are not generating any Canadian income. The Johanne's experience seems to confirm this, as do several of my friends who returned over the past couple of years. As both Johanne and Sean McGuinty have pointed out, this is actually a lot simpler than it's often made out to be.

Definitely don't take a chance...do the assessment yourself, talk to someone at CRA (a couple of someone's if possible), and file or don't file accordingly.
FYI, for those who do hold credit cards/bank accounts in Canada, it definitely helps if you also have accounts HERE in Japan that you can use to prove that you are in fact a non-resident.
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