Intent to return
Moderator: Mark T Serbinski CA CPA
-
- Posts: 12
- Joined: Sat Feb 07, 2015 1:43 am
Intent to return
If a dual citizen who is currently a Canadian resident (and owns a home in Canada) becomes a resident in the US for 2 years with the intention to return to Canada, is it necessary to file a departure return with the CRA?
If your intent is to return then you are technically a CND resident still and should be filing all along a T2 since you say you never gave up yur residency have ties still in Canada like a home. You do not file a departure return if you are a deemed resident its only if your saying you have left for good,
YOu may need to re assess your filing position especially if you think you are a resident but have not been filing your world income to Canada. If you re think the fact that you are indeed a non resident then you file a departure return not if you are still considered a resident.
YOu may need to re assess your filing position especially if you think you are a resident but have not been filing your world income to Canada. If you re think the fact that you are indeed a non resident then you file a departure return not if you are still considered a resident.
JG
Intent is no longer part of the equation when it comes to residence determination, and certainly not where the 2 countries involved have a treaty.
Technically, if you have a home in both countries, and your vital interests are in US vs. Canada, you can consider your self a "deemed non-resident" of Canada, or worse, in fact CRA can unilaterally declare you such.
Technically, if you have a home in both countries, and your vital interests are in US vs. Canada, you can consider your self a "deemed non-resident" of Canada, or worse, in fact CRA can unilaterally declare you such.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing