Is T2062 Certificate of Compliance required before leaving

thawrysh · Post by **thawrysh** » Wed Jul 03, 2013 2:14 am

I have been researching for hours and need to clarify my specific situation.

Short story:

I am selling a Canadian property before moving to the US. I believe I am considered a Resident of Canada at this time and do not require 25% withholding and a Certificate of Compliance. My lawyer tells me I do.

Question:
Do I need the certificate and withholding?

Long story to fill in the details:
I am a Canadian citizen who started a job 3 weeks ago in the US under a TN Visa. My wife and kids remained here in Canada to finish school. I returned this week to complete the sale of home in Canada.

The Canadian Lawyer announced today that he needs to withhold 25% of the home selling proceeds until a Certificate of Compliance is complete.

Now, my research tells me that this form is for a Non-Resident who sells their Canadian home.

Also, my research tells me that there are lots of words and tests to determine Residency and Non-Residency for Canada and the US and the then there are Tax Treaty tie-breakers.

I believe that I am considered a Canadian Resident for the sale of the home. All I should sign with the lawyer is an affidavit that I am a Canadian Resident at the time of sale of the property.

Thank you in advance for your comments!

jeremyhaase · Post by **jeremyhaase** » Wed Jul 03, 2013 5:15 am

When I was also selling my house in Florida I hired a incorporation in attorney who did my all work and I got deal also for my house. So if you want then you can contact them at http://www.coomberlaw.com/business-organization/.

jeremyhaase · Post by **jeremyhaase** » Wed Jul 03, 2013 5:17 am

[quote="jeremyhaase"]When I was also selling my house in Florida I hired a
in attorney who did my all work and I got a good deal also for my house. So if you want then you can contact them at http://www.coomberlaw.com/business-organization/.[/quote]