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International Tax Planning


I am a Toronto-based Chartered Accountant who practices as an independent tax consultant. I am well-known by people in my field because of my extensive writings (three leading books and loads of articles), and papers and other live presentations; as well as consulting services that I have provided to hundreds of accountants and lawyers. You can easily check me out!
 

Canadian Tax Rules for Non Residents


By Ken Donaldson at 2013-04-24 07:15:21

When you are living and working in a country of whom you are not a legal resident of, then you are deemed as a non-resident of that state or country. In such cases non-resident taxation rules will apply for one. When one lives and works in Canada but is not a resident of Canada, they need to be aware of the Canadian non-resident taxation rules. There are nowadays informative articles that can be found online which talk about such matters. One can even seek the assistance of tax lawyers online who can help one to compute their necessary tax figures in case of a non-resident.

Legal Definition of A Non Resident

While in layman’s terms it is easy to state who is a non-resident and who is not, one needs to understand the legal definition as well as per the Canadian law.

• One is deemed a non resident when you customarily or routinely live in another country and thus do not reside in Canada

• When you do not have residential ties with anyone in Canada and have stayed for less than 183 days in a tax year or lived outside the country for the major part of a tax year.

In such cases one usually becomes liable to pay non-resident taxes. It is important to find out all you can about the Canadian non-resident taxation laws.

Different Rules for Different Kinds of Employments

When you live outside the country during a tax year and are a government employee, part of the Canadian Forces or staff of an overseas school chain, you need to check on the rules that apply for one. The rules are usually from other family members and dependent children as well. Such rules make it easy for people working in such institutions.

Clarity On Certain Terms

Often there is confusion as to whether one would be deemed resident or non resident of Canada for legal and tax purposes. One is deemed a non resident of the country and a resident of another country with whom Canada has a tax treaty. In such cases, for taxation purposes, one is deemed a non resident of Canada. Again, the definition of residential ties is important to understand for such purposes. If one has a home in Canada or a spouse or dependent who stays in Canada and if you own personal property in Canada such as a car or furniture and have social ties in Canada, you become liable for non-resident taxation. The tax obligations in such matters are as per the income that one generates from different sources in Canada. The type of tax one needs to pay and the income tax return needed to be filed is dependent on the kind of income that one receives. The sections Part XIII and Part I tax policies apply in such cases. These sections can be easily referred to online and one can understand their tax obligations and even file their returns online to save on consultancy fees and time.

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