Tax residency for TN holder having wife and kid in Canada

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bikroy
Posts: 4
Joined: Sun Apr 02, 2023 6:27 pm

Tax residency for TN holder having wife and kid in Canada

Post by bikroy »

Hi,
I am a Canadian citizen who moved to US Oct 2022 on TN visa. I have my wife and my daughter( both Canadian citizens) still in Canada in an apartment rented in my name. I also have two bank accounts and credit cards in Canada. Recently I have filed 1040NR tax form in US as I spent 86 days in US in 2022. I would like to know if I would be considered as a resident for Canadian tax purposes. Any advice is appreciated in this regard.
Thanks in advance,
nelsona
Posts: 18352
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: Tax residency for TN holder having wife and kid in Canada

Post by nelsona »

Since October, do you (a) visit your family, or (b) do they visit you.

If (a) you are still a Cdn resident for tax purpose. if not you are a deemed non-resident of Canada for tax purposes, since October.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
bikroy
Posts: 4
Joined: Sun Apr 02, 2023 6:27 pm

Re: Tax residency for TN holder having wife and kid in Canada

Post by bikroy »

I have visited my family in Canada , but in March 2023, not between Oct2022 and Dec31st 2022. My family has also visited me ( on Nov 2022)
In this case, am I still considered a resident for tax purpose ?
Thanks in advance .
nelsona
Posts: 18352
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: Tax residency for TN holder having wife and kid in Canada

Post by nelsona »

You are still resident of Canada.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
bikroy
Posts: 4
Joined: Sun Apr 02, 2023 6:27 pm

Re: Tax residency for TN holder having wife and kid in Canada

Post by bikroy »

Thanks a lot. I really appreciate it.
nelsona
Posts: 18352
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: Tax residency for TN holder having wife and kid in Canada

Post by nelsona »

In order to break Cdn residency, you will have to severely limit your trips to canada in comparison to your family visiting you. Having a home and spouse in canada is hard to overcome. Once they move down to US, then you will be non-resident from that day.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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