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Any Canadians been DENIED Non-Residency?

 
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Eunoia



Joined: 06 Jul 2003
Location: In a seedy karakoe bar by the banks of the mighty Bosphorus

PostPosted: Tue Mar 23, 2004 4:56 am    Post subject: Any Canadians been DENIED Non-Residency? Reply with quote

I'm really on the fence about formally declaring non-residency or not. I have an accountant relative back home who said I shouldn't really need to, but I'm still feeling a little nervous about the possibility of getting zapped someday for nearly 4 years of working here. I'm planning on going to Hong Kong next, probably for another 3 years at least....

It seems that most people I know of who have applied, have gotten it, but I think I may have too many secondary ties:

* Canadian passport, of course
* Canadian bank account and credit card (which I rarely use...)
* BC driver's licence
* some modest RRSP/mutual fund-type investments - I'm not contributing to them, they're just sitting there fluctuating wildly all on their own.. (I think this is the one that's going to bury me Crying or Very sad )

So I guess the question is, has anyone applied for Non-Res and been denied? If so, what were the reasons?
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JackSarang



Joined: 28 Jan 2003

PostPosted: Tue Mar 23, 2004 5:07 am    Post subject: Reply with quote

My accountant told me that because of the Korea-Canada tax treaty that legal workers in Korea are automatically "deemed non-residents".

You pay tax in Korea, the treaty ensures you are not taxed twice on your earnings.
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Zed



Joined: 20 Jan 2003
Location: Shakedown Street

PostPosted: Tue Mar 23, 2004 5:12 am    Post subject: Reply with quote

I applied for the 2001 tax year and never got a response even though my tax return went through for 2000 and was in the same envelope.
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The Lemon



Joined: 11 Jan 2003

PostPosted: Tue Mar 23, 2004 5:38 am    Post subject: Reply with quote

JackSarang wrote:
My accountant told me that because of the Korea-Canada tax treaty that legal workers in Korea are automatically "deemed non-residents".

You pay tax in Korea, the treaty ensures you are not taxed twice on your earnings.

Your accountant is incorrect. I wish he was right, but he's not. Any tax you may have paid to the Korean government gets deducted from a tax bill you owe Canada because of your Korean income, if you do owe any, because you couldn't satisfy the secondary/primary ties restriction.

Click here for more. Be sure to follow the links in that post, which will take you to the actual documents, including the 25 year old tax treaty, which is still in effect.

No, I'm not an accountant, and yes, yours is probably smarter than me. But on this subject we've heard so many conflicting stories from "authorities" - "The lady at Revenue Canada said.." "My lawyer said..." "some guy on the internet said.." - that at some point we have to look at the laws and documents ourselves, which are all freely available, and come to our own conclusions. They're complex but they're not IMPOSSIBLE to dicipher.
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mindmetoo



Joined: 02 Feb 2004

PostPosted: Tue Mar 23, 2004 6:05 am    Post subject: Reply with quote

My feeling is why bother filling out that form, especially if you don't have a house or dependants you've claimed on taxes in previous years. If you have just normal crap, like bank accounts, credit cards, etc. my feeling is don't worry about it.

I've lived abroad for 4 years. I've never filled out a NR assesment. I had semi active Canadian bank accounts and credit cards. I've never had Revenue Canada come looking for me, and they knew my mailing address in Seattle because I filed my 1999 taxes while I was in Seattle and put my USA address on it.

If you don't tell them you've moved, Rev Can only knows about you via your t4s. And you only have to file if you owe. If they get no t4s with your name on it, you've either moved abroad, you found a rich significant other and you're living off of him or her, or you're one of those crazy types that saves money, up n quits, sells your record collection, and then backpacks thru australia for a year. In sum, dropping off the tax radar for a couple years and then reappearing isn't much of a red flag. A huge % of Canadians do it.

If you're like most esl teachers and you've worked low paying jobs while in university, you vanish, and then you come back to Canada to a 30-40K a year job, you're not exactly going to be high on anyone's list in the auditing department. It might be a different story if you made 80K a year for 5 years, vanish for a couple years, and then pop up again making 80K. You might raise an eye brow then.

Just move your money home in blocks less than 10K.
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The Lemon



Joined: 11 Jan 2003

PostPosted: Tue Mar 23, 2004 6:16 am    Post subject: Reply with quote

Quote:
In sum, dropping off the tax radar for a couple years and then reappearing isn't much of a red flag. A huge % of Canadians do it.

I did it too, in 1998 after four years gone. No problems. The primary ties are the crucial ones to make sure you sever.
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Howard Roark



Joined: 02 Feb 2003
Location: Canada

PostPosted: Tue Mar 23, 2004 5:18 pm    Post subject: Reply with quote

mindmetoo wrote:

I've lived abroad for 4 years. I've never filled out a NR assesment. I had semi active Canadian bank accounts and credit cards. I've never had Revenue Canada come looking for me, and they knew my mailing address in Seattle because I filed my 1999 taxes while I was in Seattle and put my USA address on it.


You don't fill out the NR form. So do you file anything during tax time?

I'm currently doing my taxes. I did it last year, but I didn't fill out the NR form. I just wrote them a big letter explaining my situation and that I had no idea what to do. I had called several rev canda offices and nobody seemed to be able to give me solid info. I got a tax return due to a part-time job I had before I left for Korea, and ntohing else was mentioned.

But this year I don't have anything to file, from Canada. But I figure I have to file something. So I was going to fill out this NR form and send it off. Hopefully it'll be okay.
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The Lemon



Joined: 11 Jan 2003

PostPosted: Tue Mar 23, 2004 5:36 pm    Post subject: Reply with quote

Howard Roark wrote:
mindmetoo wrote:

I've lived abroad for 4 years. I've never filled out a NR assesment. I had semi active Canadian bank accounts and credit cards. I've never had Revenue Canada come looking for me, and they knew my mailing address in Seattle because I filed my 1999 taxes while I was in Seattle and put my USA address on it.


You don't fill out the NR form. So do you file anything during tax time?

I'm currently doing my taxes. I did it last year, but I didn't fill out the NR form. I just wrote them a big letter explaining my situation and that I had no idea what to do. I had called several rev canda offices and nobody seemed to be able to give me solid info. I got a tax return due to a part-time job I had before I left for Korea, and ntohing else was mentioned.

But this year I don't have anything to file, from Canada. But I figure I have to file something. So I was going to fill out this NR form and send it off. Hopefully it'll be okay.

Depends... if you actually owe them money based on your Korean income from this year then yes, you need to file. This is if, according to the primary/secondary ties rule, they would consider you a resident if they examined you. You'd have to pay Canadian tax on your Korean income.

The NR form has NOTHING to do with whether you file or not. The form also, strictly speaking, has nothing to do with whether you're a non-resident or not. Do a Google search on the issue and you'll find tax lawyers advocating NOT filling in the NR-73. It merely solicits the government's opinion.
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gi66y



Joined: 15 Aug 2003

PostPosted: Tue Mar 23, 2004 5:55 pm    Post subject: Reply with quote

The ties you have to worry about are the major ones.
ie: House, property, wife, children, a car, a business, having a job held for you, and any large investment.

Things like bank accounts, driver's licenses, credit cards, and small investments are secondary.

A girl at my school was rejected earlier this year because in the box where they ask you if your world income is taxable in Korea she checked "no". They rejected her saying that in that case she is still a "factual resident of Canada" However, after talking to various people in the tax office, she was told she could fax a letter basically saying that "whether or not she must pay taxes on sources made outside of Korea she should not be penalized (by Korean tax law)." She did so and now has non-residency status.

I filled out the NR-73 form a month ago and I'm still waiting to hear back. I called the number in Ottawa, but they tell me it could be as long as 90 days to process. Just to be safe I checked the box saying that I am taxable on World Income (whether it's true or not I'm not even sure).
Also to be on the safe side, I have closed most of my secondary ties as well as picking up some Korean ones including a driver's license (only 10,000 and good for 10 years). Also I didn't send them a copy of my contract. I figure that if I do end up getting denied then I'll claim income here, but less than I actually make.

Here's the link to the form.
http://www.ccra-adrc.gc.ca/E/pbg/tf/nr73/README.html
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mindmetoo



Joined: 02 Feb 2004

PostPosted: Wed Mar 24, 2004 4:43 am    Post subject: Reply with quote

Quote:
You don't fill out the NR form.


There is an NR form you can fill out, listing your primary/secondary ties which they use to asses you. You don't have to fill out this form. I never filled out the form.

Quote:
So do you file anything during tax time?


I moved to Seattle January 2000. In Seattle in April 2000 I sent in my 1999 return. I put my Seattle mailing address. I haven't filed a Canadian tax return since. For tax years 2000, 2001, 2002, and 2003 they never contacted me, ever.
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mithridates



Joined: 03 Mar 2003
Location: President's office, Korean Space Agency

PostPosted: Wed Mar 24, 2004 6:41 am    Post subject: Reply with quote

Not exactly related to residency but I just noticed this from today's budget:



While there are few surprises in the latest federal budget, at least one promise had the pundits buzzing.

The budget, unveiled by Finance Minister Ralph Goodale, included a tax exemption for Canadian Forces personnel who choose to serve in dangerous missions overseas.

"For those periods when Canadian soldiers are risking their lives overseas, they will no longer pay income tax here at home," Goodale vowed.

It was among just a few targeted tax breaks included in the fiscal plan, which made no other mention of personal income tax.
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FierceInvalid



Joined: 16 Mar 2003

PostPosted: Wed Mar 24, 2004 7:00 am    Post subject: Reply with quote

I'm currently waiting to hear back after filling out the form. I knew I didn't necessarily have to do it but wanted to anyway just for piece of mind. Lemon, it says specifically at the top of the form that once you are declared a non-resident for a particular tax year you then don't have to file in subsequent years (unless you return to Canada to work, of course). So unless I'm really missing the boat, the form has everything to do with whether you have to file or not.

I do have a question, though: is someone who fills out the form and successfully gets non-residency is only a non-resident "for tax purposes", right? The reason I ask is that sometime in the next couple of years I want to go back to Canada and get the working holiday visa. You need to be a resident of Canada to apply, and I don't want this tax thing to bite me in the ass for that.
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mindmetoo



Joined: 02 Feb 2004

PostPosted: Wed Mar 24, 2004 4:07 pm    Post subject: Reply with quote

FierceInvalid wrote:
I do have a question, though: is someone who fills out the form and successfully gets non-residency is only a non-resident "for tax purposes", right? The reason I ask is that sometime in the next couple of years I want to go back to Canada and get the working holiday visa. You need to be a resident of Canada to apply, and I don't want this tax thing to bite me in the ass for that.


Right. It doesn't mean giving up your citizenship. And since a working holiday visa granted by another country, the other country has no way of finding out your tax filing status.

One thing you should be aware of is when you do return to Canada, you typically have to wait 3 months to apply for health care. If you're not working and your employee is not paying healthcare taxes, you might fall off your province's health plan radar. If you try to go to a doctor and have them swipe you health card you might be denied coverage. So when you return, if the customs person doesn't do it automatically, ask them to stamp your passport with a "returned canadian" stamp. They put that kind of stamp in my passport when I temporarily moved from seattle to ontario before korea.
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