Date of non residency in Canada

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pl0910001
Posts: 18
Joined: Fri Jun 21, 2019 6:33 pm

Date of non residency in Canada

Post by pl0910001 » Sat Apr 11, 2020 12:05 pm

I hope everybody is safe and healthy. I am currently working in the US on a TN visa. Wife and adult children are living in Canada. Currently own a principle residence in Canada but looking to sell it and have my wife move to the US with me (TD visa). I am looking to declare non-residency as soon as possible. I want to know if I can be deemed a non-resident of Canada the day the house goes up for sale, as the argument can be made that my wife is only staying in Canada to settle the house sale. The adult children will be moving into an apartment following the house sale. Is this possible or do i only become a non resident on the day the house is sold?

nelsona
Posts: 16429
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: Date of non residency in Canada

Post by nelsona » Sat Apr 11, 2020 1:17 pm

You can be a deemed (treaty) non-resident as soon as you meet SPT, if you are not regularly visiting your Cdn home.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

pl0910001
Posts: 18
Joined: Fri Jun 21, 2019 6:33 pm

Re: Date of non residency in Canada

Post by pl0910001 » Sat Apr 11, 2020 1:58 pm

To clarify, by meeting substantial presence test in the USA i can use that as a basis to declare non residency in Canada, even with a house and spouse in Canada? Or do my future intentions still need to be going in the direction of eventually selling the house and relocating my spouse?

nelsona
Posts: 16429
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: Date of non residency in Canada

Post by nelsona » Sat Apr 11, 2020 6:16 pm

Once you meet SPT AND have an abode in US AND meet treaty definition of centre of vital interests in US, which would mean not visiting Canada, only spouse visiting you (adult children are not dependents). If you don't meet treaty definition, then you are still Cdn resident regardless of meeting SPT or not, and could only claim non-residence when spouse joins you.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

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