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Canadian: Claiming non-residency and then working in Canada

 
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Fofazoju



Joined: 09 May 2006

PostPosted: Mon Jul 07, 2008 6:26 pm    Post subject: Canadian: Claiming non-residency and then working in Canada Reply with quote

If you claim non-residence for the pupose of taxes for several years, and you go back and wish to work in Canada the same year you completred your work in Korea, are you able to pay taxes JUST on that income?

EXAMPLE: If I go home in September, claim non-residence for the years 2004-2008, and then want to get a job in September, can I?? And I mean CAN as in if I do, am I then considered a residence of Canada and have to pay taxes on all the years I WASN"T???

Thanks Smile
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Mon Jul 07, 2008 6:43 pm    Post subject: Re: Canadian: Claiming non-residency and then working in Can Reply with quote

Fofazoju wrote:
If you claim non-residence for the pupose of taxes for several years, and you go back and wish to work in Canada the same year you completred your work in Korea, are you able to pay taxes JUST on that income?

EXAMPLE: If I go home in September, claim non-residence for the years 2004-2008, and then want to get a job in September, can I?? And I mean CAN as in if I do, am I then considered a residence of Canada and have to pay taxes on all the years I WASN"T???

Thanks Smile


It can go either way. It depends on what ties you have or had. Every particular situation is different.
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Fofazoju



Joined: 09 May 2006

PostPosted: Mon Jul 07, 2008 7:01 pm    Post subject: Reply with quote

Well im assuming I will be deemed a non-residence. So do my taxes for the years 2004-2007 and then next year, when/if I file, what happens? (If i get a job in September)

I am moving to the US also in March/April, as I am getitng married to a US citizen - HOORAY!!!!!!

So my working days in Canada may be numbered. MAY be.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Jul 07, 2008 7:24 pm    Post subject: Re: Canadian: Claiming non-residency and then working in Can Reply with quote

Fofazoju wrote:
If you claim non-residence for the pupose of taxes for several years, and you go back and wish to work in Canada the same year you completred your work in Korea, are you able to pay taxes JUST on that income?

EXAMPLE: If I go home in September, claim non-residence for the years 2004-2008, and then want to get a job in September, can I?? And I mean CAN as in if I do, am I then considered a residence of Canada and have to pay taxes on all the years I WASN"T???

Thanks Smile


IF you were in fact determined to be non-resident then your resident status and hence taxable income will resume on your return to Canada (your offshore income would remain non-taxable).

If/when you depart for the US (assuming you gain a green card/residence) then your Canadian residence will be deemed to end when you depart (and your income would be taxable until said departure date).

AS was mentioned earlier, revenue Canada make individual determinations on each specific case based on ties to home, ties abroad and apparent intent to return to assume residence in Canada.

.
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some waygug-in



Joined: 25 Jan 2003

PostPosted: Mon Jul 07, 2008 8:35 pm    Post subject: Reply with quote

Perhaps I can muddy the waters a bit further....

I worked in Mexico for a year, then returned to Canada for 6 months, then back to Mexico, then to Korea.

I claimed non-residency for tax purposes during all those years.

Here's what happened:

For the year that I returned, they said I simply pay Canadian taxes for the 6 months while I worked in Canada and then the following year I claimed non-residency ever since. They OK'd it.

It's up to them to determine your final status, but the basic guideline (at least at that time) was that as long as you were out of the country for 6 months or more in any given tax year, you would be able to claim non-residency for tax purposes.

But I'm no expert, so it's best to contact revenue Canada and ask them directly.
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