Regarding my residency status

[perfusionist]

Hi Guys

Hope everyone is doing fine.

I am a Canadian citizen who moved to the US on Feb 1st 2019 for work on a H1B Visa. I have a T4 from my canadian employer for the first month of 2019. I also have a rental property in Canada (Edmonton). I am still in the US and planning to work in the US for the next 3 years atleast.

My questions:

1. Am I considered a non-resident ? Just because I have a rental property, does that mean I am holding significant ties? I do not have any other family or spouse or any other ties in Canada.

2. My tenants in Canada are not withholding any tax so far, so should I file as "non resident" with the 216 form? If not, should I just say I am a non-resident if you guys think I am a non- resident?

3. Should I report my US income (W2) to Canada ? If yes, what amounts should be reported? I was trying to use turbo tax, but it gets confusing. Not sure if I should report gross or net income etc?

Thanks in advance.

[nelsona]

1. You are non-resident of Canada. make sure you are following the rules for non-resident reantal income (MONtHLY withholding, etc).

2. You need to have someone (not usually the tenant) remit withholding to CRA.

3. No, You file a departure retrun for 2019 with Feb 1 departure date.

[perfusionist]

Thank you. I havn't done the monthly withholding so far as I didnt know that. Is it possible to back date that now? Any other options?

[nelsona]

You will have to file a 216 return for 2019, along with your departure return. CRA wuill asses the penalty, so get moving, and also start the withholding now going forward.