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Canadians - Is it a good idea to apply for non-residency
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Chopstix



Joined: 22 Feb 2004
Location: Nowon Seoul

PostPosted: Mon Dec 20, 2004 7:10 pm    Post subject: Canadians - Is it a good idea to apply for non-residency Reply with quote

I am hoping some Canadians will be in the know about this. If someone is planning on being in the ROK for a couple years- is it a good idea to apply for non-residency? To avoid possibly facing taxes when going home.

Any comments would be appreciated.
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funplanet



Joined: 20 Jun 2003
Location: The new Bucheon!

PostPosted: Mon Dec 20, 2004 7:23 pm    Post subject: Reply with quote

yep....but you have to sever connections with Canada, example-cancel credit cards, no mortgages, iffy on having a bank account, etc..the embassy has the info on what you need to do
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peppermint



Joined: 13 May 2003
Location: traversing the minefields of caddishness.

PostPosted: Mon Dec 20, 2004 7:25 pm    Post subject: Reply with quote

Yes it's a good idea, the only catch is that it might take a while to get the health insurance again when you return.
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Daechidong Waygookin



Joined: 22 Nov 2004
Location: No Longer on Dave's. Ive quit.

PostPosted: Mon Dec 20, 2004 7:28 pm    Post subject: Reply with quote

Dont apply. Any decision is not legally binding, its only an opinion.

What you should do is check the guidelines for non-residency and make sure you got each base covered.

The important thing is to eliminate ALL your primary ties like property back home, or dependents (wife or kids). I dont know how you would get rid of dependents, so if you have any back home you may be screwed from the get go. Eliminate as many secondary ties as you can (bank accounts, memberships, credit cards, etc).

When it comes time to decide if you owe taxes, you will be dealt with on an individual basis anyway, and any letter you get from them now is not legally binding as I said.

In the end, even if you did all that you could about your primary and secondary ties, you may still owe taxes if they decide that for some reason you always meant to go back to Canada anyway. It would be a great idea to get as many residential ties to Korea as posible. That would probably require more than an E2 visa and a job teaching English. You would have to show that you meant to settle down in Korea forever, but ended up back in Canada by chance.
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Daechidong Waygookin



Joined: 22 Nov 2004
Location: No Longer on Dave's. Ive quit.

PostPosted: Mon Dec 20, 2004 7:31 pm    Post subject: Reply with quote

peppermint wrote:
Yes it's a good idea, the only catch is that it might take a while to get the health insurance again when you return.


That has nothing to do with applying for non residency. If you apply or not, you pretty much HAVE to cancel your health insurance. Thats one of the primary ties. If you have health insurance, you wont be given non-residency status anyway.
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turtlepi1



Joined: 15 Jun 2004
Location: Abu Dhabi, UAE

PostPosted: Mon Dec 20, 2004 7:49 pm    Post subject: Reply with quote

Daechidong Waygookin wrote:
peppermint wrote:
Yes it's a good idea, the only catch is that it might take a while to get the health insurance again when you return.


That has nothing to do with applying for non residency. If you apply or not, you pretty much HAVE to cancel your health insurance. Thats one of the primary ties. If you have health insurance, you wont be given non-residency status anyway.


hmmm..I thought the purpose of the tax treaty with Korea so was as long as you filed taxes in Korea that you were off the hook in Canada. (assuming you aren't working for a Canadian company abroad, etc)

When you would get in "trouble" is if you do not file your Korean tax return, THEN you are on the hook for your Canadian taxes, (assuming they find out)

My GF insisted on filing for NR, but I wasn't so quick to jump...I'm still not sure of the implications and people talk like the rules are whatever they have happened to sort out...

(anyway, I guess I don't know very much about it, but I do know the health coverage when you return home can be a pain in the ass if you try to do it legitimately...) If you haven't applied for non-residency status and you "forget" to mention you were out of the country it is sorted out pretty quick.
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Daechidong Waygookin



Joined: 22 Nov 2004
Location: No Longer on Dave's. Ive quit.

PostPosted: Mon Dec 20, 2004 8:01 pm    Post subject: Reply with quote

Quote:
hmmm..I thought the purpose of the tax treaty with Korea so was as long as you filed taxes in Korea that you were off the hook in Canada. (assuming you aren't working for a Canadian company abroad, etc)


I didnt say anything about tax treaties. But if we are on the subject, the purpose is as you say, so that you dint pay tax you paid here again in Canada upon your return. The thing about non-residency is that you dont pay ANYTHING back home. We pay around 3-4% tax here. Well, that still leaves about 15-20% that Canada would take from you, depending on your salary. Non-residents wouldnt pay anything back home.

Quote:
When you would get in "trouble" is if you do not file your Korean tax return, THEN you are on the hook for your Canadian taxes, (assuming they find out)


Ive never filed a Korean tax return. Have you? Parhaps you would get in trouble if your school dodnt pay your taxes. But again, a non-resident has nothing to worry about back home. He wouldnt pay any taxes there.

Quote:
My GF insisted on filing for NR, but I wasn't so quick to jump...I'm still not sure of the implications and people talk like the rules are whatever they have happened to sort out...


because there are no set rules. There are guidelines that thwy will go by (ties to Canada) and other factors as well, when they look at your case. Your gf may have received NR status, but she should know that it is not legally binding, and she still could be deemed a resident if she goes back.

Quote:
anyway, I guess I don't know very much about it, but I do know the health coverage when you return home can be a pain in the ass if you try to do it legitimately...) If you haven't applied for non-residency status and you "forget" to mention you were out of the country it is sorted out pretty quick.


Then you are on the hook for taxes. If you never left, you were always a resident.
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prairieboy



Joined: 14 Sep 2003
Location: The batcave.

PostPosted: Mon Dec 20, 2004 8:06 pm    Post subject: Reply with quote

This topic has been covered so many times that it is difficult to believe that anyone would have a situation not covered by the discussions on the board.

Here's a thread http://www.eslcafe.com/forums/korea/viewtopic.php?t=29265&postdays=0&postorder=asc&highlight=nr-73&start=15 that might shed some light on the topic.

Cheers

BTW If you are not able to supply proof of payment of Korean taxes (like a tax return or a form from the Tax office that states your income and taxes paid) then you may be on the hook for the entire amount of Canadian taxes...should CCRA ever find out that you were working in Korea. Wink
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Hanson



Joined: 20 Oct 2004

PostPosted: Mon Dec 20, 2004 8:15 pm    Post subject: Reply with quote

I was under the impression that there was a 2-year rule, where if you've been out of Canada (as a Non-Resident) for 2 years or more, you're okay for not paying taxes in Canada.

I've been a non-resident since I came here 4 and a half years ago, and I fully intend to return to Canada at some point, but I'll be damned if I'm gonna pay a single penny to the Canadian government for the income I've received since I left - that's why I left Canada in the first place!!!!!

I've had a credit card (from Canada) under my name this whole time, and I really don't see how that could affect me paying taxes or not...

Am I alone to hear about the supposed 2-year rule?
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Hanson



Joined: 20 Oct 2004

PostPosted: Mon Dec 20, 2004 8:15 pm    Post subject: Reply with quote

I was under the impression that there was a 2-year rule, where if you've been out of Canada (as a Non-Resident) for 2 years or more, you're okay for not paying taxes in Canada.

I've been a non-resident since I came here 4 and a half years ago, and I fully intend to return to Canada at some point, but I'll be damned if I'm gonna pay a single penny to the Canadian government for the income I've received since I left - that's why I left Canada in the first place!!!!!

I've had a credit card (from Canada) under my name this whole time, and I really don't see how that could affect me paying taxes or not...

Am I alone to hear about the supposed 2-year rule?
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Daechidong Waygookin



Joined: 22 Nov 2004
Location: No Longer on Dave's. Ive quit.

PostPosted: Mon Dec 20, 2004 8:17 pm    Post subject: Reply with quote

Hanson wrote:
I was under the impression that there was a 2-year rule, where if you've been out of Canada (as a Non-Resident) for 2 years or more, you're okay for not paying taxes in Canada.

I've been a non-resident since I came here 4 and a half years ago, and I fully intend to return to Canada at some point, but I'll be damned if I'm gonna pay a single penny to the Canadian government for the income I've received since I left - that's why I left Canada in the first place!!!!!

I've had a credit card (from Canada) under my name this whole time, and I really don't see how that could affect me paying taxes or not...

Am I alone to hear about the supposed 2-year rule?




No time limit applies if you have enough ties back home. You could be out of Canada for 10 years, but if you own property or have a spouse or some other dependents in Canada, yer screwed.

The credit card alone wont do anything, but if you have enough secondary ties or one or two primary ones, they can say you still had enough ties to Canada and that you were a resident all the time.
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casey's moon



Joined: 14 Sep 2004
Location: Daejeon

PostPosted: Mon Dec 20, 2004 8:24 pm    Post subject: Reply with quote

Daechidong Waygookin wrote:
Hanson wrote:
I was under the impression that there was a 2-year rule, where if you've been out of Canada (as a Non-Resident) for 2 years or more, you're okay for not paying taxes in Canada.

I've been a non-resident since I came here 4 and a half years ago, and I fully intend to return to Canada at some point, but I'll be damned if I'm gonna pay a single penny to the Canadian government for the income I've received since I left - that's why I left Canada in the first place!!!!!

I've had a credit card (from Canada) under my name this whole time, and I really don't see how that could affect me paying taxes or not...

Am I alone to hear about the supposed 2-year rule?






No time limit applies if you have enough ties back home. You could be out of Canada for 10 years, but if you own property or have a spouse or some other dependents in Canada, yer screwed.

The credit card alone wont do anything, but if you have enough secondary ties or one or two primary ones, they can say you still had enough ties to Canada and that you were a resident all the time.


It depends on if he applied for and received non-resident status. When you apply they decide if you have too many ties to Canada or not. If they say you're a non-resident, then there are no taxes to pay on return.
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Daechidong Waygookin



Joined: 22 Nov 2004
Location: No Longer on Dave's. Ive quit.

PostPosted: Mon Dec 20, 2004 8:28 pm    Post subject: Reply with quote

casey's moon wrote:


It depends on if he applied for and received non-resident status. When you apply they decide if you have too many ties to Canada or not. If they say you're a non-resident, then there are no taxes to pay on return.


As I said, you cant get non-residency status that is legally binding until you go back home. Any letter you get from them is not legally binding. They even state that on their website I believe. It is ONLY an opinion based on what you reported to them. Nothing else. It could easily be overturned.
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casey's moon



Joined: 14 Sep 2004
Location: Daejeon

PostPosted: Mon Dec 20, 2004 8:37 pm    Post subject: Reply with quote

Daechidong Waygookin wrote:
casey's moon wrote:


It depends on if he applied for and received non-resident status. When you apply they decide if you have too many ties to Canada or not. If they say you're a non-resident, then there are no taxes to pay on return.


As I said, you cant get non-residency status that is legally binding until you go back home. Any letter you get from them is not legally binding. They even state that on their website I believe. It is ONLY an opinion based on what you reported to them. Nothing else. It could easily be overturned.


Ahh, I didn't get what you were saying earlier (thought you'd dipped into the sauce pretty early Wink just kidding). Anyway, that kind of makes sense. Do you have a link to the website? Or I guess I could just do a search... Embarassed
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kylehawkins2000



Joined: 08 Apr 2003

PostPosted: Mon Dec 20, 2004 8:40 pm    Post subject: Reply with quote

I beleive it's ok to hold credit cards and savings accounts in Canada while declaring non-residency. It's larger holdings like real estate that are a problem.
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