Moved to US on TN visa - Tax implications

[Amyvirk]

I moved to US with my spouse and kids in September 2020 on TN visa. We are living full time in US. Our parents are living in our home in Canada and we regularly visit them in Toronto (3-4 times in a year).

I got lot of information from this forum which is very helpful. Based on the information gathered from this forum, looks like we may qualify as non-resident Canadian and need not pay the taxes in Canada. But since we have our parents in Canada staying in our home and we do regularly visit them. Will these be considered sufficient ties to Canada so as to qualify as resident for tax purposes?

thanks

[nelsona]

Do you mean 2022?

You are departing resident as of the date you left

[Amyvirk]

Thanks for your reply Nelsona and HNY 2023.

I havent' filed any taxes with CRA since 2020 onwards. Yes, I am behind on my taxes. So, my question still remains- Whether we will be considered Canadian resident for Tax purposes (for 2020 to 2022 years) by CRA considering our frequent travel to meet our parents in toronto.

Thanks

[nelsona]

My answer remains. You need to file a departure return for 2020, and that will be all.

Visits to family, given you have no home in Canada and live and work in US, is not sufficient for CRA to consider you resident any longer.

[Amyvirk]

Thanks again. Understood Now.

But we do have a home in Canada and our parents are living in that home.

[nelsona]

That is not your home anymore.

Do you live in a box in the US? If not, that is your home.