Canada Resident status

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arvindcantaxes
Posts: 2
Joined: Fri Jan 21, 2022 8:10 pm

Canada Resident status

Post by arvindcantaxes »

Hi,
I became Canada Permanent resident in Aug/2021 and my family(Spouse and kid) moved there.
I work for US company and work location is US.
Wanted to check if I qualify as "Deemed Non-resident" for canada tax purposes. Please see below for more information.

Canada Ties:
Family bought a Home and plan to stay there.
I visit family 1-2 times a year( 30 days) max

US Ties:
Been working in US for 7 years and I am US resident alien for Tax purposes.
Rent a place here.
Stay in US for for most of the year.
nelsona
Posts: 18311
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: Canada Resident status

Post by nelsona »

Yes, you would be considered a deemed non-resident, by virtue of the treaty clause on Residence, by which you are deemed to be US resident, since -- although you have the residential ties in Canada (a home and family in Canada) to make you Cdn resident -- you ALSO meet US tax residency requirements AND you also have a home in US AND your centre of vital interest is still in US.

To guarantee this, I might suggest that instead of YOU visiting your family, THEY should visit you when possible. Your visits are by no means excessive, but if you are worried about making absolutely sure you remain non-resident of Canada, this would be best.

Just so you know, from a taxation point of view there is no difference between a deemed non-resident and a non-resident.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
arvindcantaxes
Posts: 2
Joined: Fri Jan 21, 2022 8:10 pm

Re: Canada Resident status

Post by arvindcantaxes »

Thanks for the reply.

Just to confirm, I rent a place in US and I assume that would also qualify as "home" for tax purposes ?
nelsona
Posts: 18311
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: Canada Resident status

Post by nelsona »

As I said, you have a home in US. Ownership is certainly not required.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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