Canadian Departure Tax

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Lisa100
Posts: 4
Joined: Sun Mar 30, 2008 10:37 am
Location: Houston

Canadian Departure Tax

Post by Lisa100 »

I am getting ready to complete my Canadian Departure Tax Return for 2007. If put my departure date on the return to indicate when I left Canada for good and include this form T1161 List of Properties by an Emigrant of Canada , will this be sufficient for the CRA. Also, do they request that you submit a NR-73? (A determination non-resident status)

I left Jan 1, 2007. My only remaining ties to Canada are car registration, bank account, one credit card, and a Canadian Passport. Will these secondary ties pose a problem?

I do not own any property in Canada except for a car. How will they determine what the exit tax will be if you do not have any assets? Has anybody else been thru this? Any info would be greatly appreciated.
Carson
Posts: 183
Joined: Wed Oct 27, 2004 1:00 pm
Location: Toronto

Post by Carson »

Do NOT file the NR73 unless they explicitly request it.

Secondary ties are not an issue without primary ties.

There is no departure tax unless you have accrued capital gains on assets that you own when leaving Canada. Unless your care is a collector's item, it is unlikely there is a gain in value.

So, without assets, your departure return will effectively only show your departure date and will include any income you earned on January 1.
Lisa100
Posts: 4
Joined: Sun Mar 30, 2008 10:37 am
Location: Houston

Post by Lisa100 »

I made the mistake 5 years ago and sent in a NR73. At that time they said that I was still considered a Canadian resident because I had significant ties to Canada. However, my circumstances have since changed. I have severed all primary ties except the above mentioned secondary ties. Will this be a problem? Thanks in advance.
MaggieA
Posts: 170
Joined: Sun Oct 31, 2004 4:06 pm

Post by MaggieA »

I have passport, bank account, credit card, as do most expats, surely.

About the car registration, now. If you own a vehicle that's actually in Canada (in storage or loaned to a friend or relative?) I very much doubt that would count as a residency tie. However, is it possible that you brought the car to the US with you? If so, it's probably not legal to keep it registered in Canada. Generally, if someone moves to the US with a car, the car needs to be formally imported, titled and tagged in the US.
Carson
Posts: 183
Joined: Wed Oct 27, 2004 1:00 pm
Location: Toronto

Post by Carson »

Lisa, if I can assume that you are moving to the US, then the Treaty holds that the #1 determinant of residency is where you have a permanent home available to you. As long as that is only in the US, then no amount of secondary ties will give you a problem.
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