Nelson, you mentioned that I may file my Canada tax as a non-resident in 2007. It is true that most of time my wife visited me and I only visited Canada 4 times. However, our kid lives with her in Canada in 2007. Does this matter?
I also have a future question. We told CRA moved out of Canada on Jan 1st, 2008. Now my wife might get a Toronto offer ( It is really the dream job for her). If She moves back along in April, leave me and our child in USA, Can I be an non resident for 2008? Or the CRA will treat me with significant residential tie again?
If my wife move back with our kid, just leave me alone, is there any difference?
Thank you very much for clarification. Have a nice weekend.
Non - resident question - Does a child matter?
Moderator: Mark T Serbinski CA CPA
Let's be clear, you need first to establish a departure date. You cannot simply be resident one year and non-resident the nexy. You have to have a departure date, on which you sutuation actually changed.
so for you to be non-resident for 2007, you had to put a departure date in 2006. Did you?
As to your question, yes, in recent years, CRA has clarified the term Deemed non-resident, and persons in your situation can be DNR while spouse is resident. Children don't change the equation.
But there still must be a date when you took on DNR status: typically the date you established a permanent home in US.
Your wife moving back and forth would not have any effect on you,except that has she stayed in US, you would become TRUE non-resident, but this would have no effect on your Cdn taxes if you were already DNR.
If she goes back so soon after leaving, there is little point in saying she ever left.
I;m curious that you say you advised CRA that she left Canada on Jan 01, 2008. First off, how did she notify, since this typically would only be done when she files her departure return for 2008, in the spring of 2009. Second, What even happened on 01/01/08 that changed her status.
so for you to be non-resident for 2007, you had to put a departure date in 2006. Did you?
As to your question, yes, in recent years, CRA has clarified the term Deemed non-resident, and persons in your situation can be DNR while spouse is resident. Children don't change the equation.
But there still must be a date when you took on DNR status: typically the date you established a permanent home in US.
Your wife moving back and forth would not have any effect on you,except that has she stayed in US, you would become TRUE non-resident, but this would have no effect on your Cdn taxes if you were already DNR.
If she goes back so soon after leaving, there is little point in saying she ever left.
I;m curious that you say you advised CRA that she left Canada on Jan 01, 2008. First off, how did she notify, since this typically would only be done when she files her departure return for 2008, in the spring of 2009. Second, What even happened on 01/01/08 that changed her status.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
Thanks for the reply, Nelson.
I will answer your question first. We did have a status change on Jan 1st, 2008 - we officially got a new I-94 for our new H1/H4 status on the boarder. We did make a final move to USA on that day. On Jan 2nd, 2008, we called CRA international office to change address to USA and notify them we moved out. Then 1 week later, they send a letter to us that we are not qualified for UCCB and GST refund anymore because of residence change.
We will file a departure return ( at least for my wife) in 2009 for 2008 Canada tax.
I did not file a departure return for my 2006 Canada tax. For my 2007 Canada tax, I am not sure if I can use any of dates that I came back to US after visiting Canada, Such as Feb 20,2007, I flied back to USA from Canada? Can I say after that date, I decide to settle down in US? Or Can I use Jan 1st,2007 - I found at that day I can use tax treaty to claim myself as DNR from that day? I guess you will say No. Anyway, it is a try. Thank you.
I will answer your question first. We did have a status change on Jan 1st, 2008 - we officially got a new I-94 for our new H1/H4 status on the boarder. We did make a final move to USA on that day. On Jan 2nd, 2008, we called CRA international office to change address to USA and notify them we moved out. Then 1 week later, they send a letter to us that we are not qualified for UCCB and GST refund anymore because of residence change.
We will file a departure return ( at least for my wife) in 2009 for 2008 Canada tax.
I did not file a departure return for my 2006 Canada tax. For my 2007 Canada tax, I am not sure if I can use any of dates that I came back to US after visiting Canada, Such as Feb 20,2007, I flied back to USA from Canada? Can I say after that date, I decide to settle down in US? Or Can I use Jan 1st,2007 - I found at that day I can use tax treaty to claim myself as DNR from that day? I guess you will say No. Anyway, it is a try. Thank you.
ONE WORLD