non-residency

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David Targue
Posts: 2
Joined: Sun Jan 22, 2012 4:50 am

non-residency

Post by David Targue »

Hi,

I have recently sponsored my parents to Canada, the process took 8 years start to end due to inadmissibility issues pertaining to my dad's health, but nonetheless, both of my parents made it to Canada last year.

Things changed since I first intended to sponsor my parentes and although I still support them and intend to as long as I need to, my personal circumstances have changed. with the economy slowing down, I am looking at the option of leaving Canada. luckily my brother is also in Canada and my parents currently live with him.

My question is, am I considered a nonresident if I leave canada and cut all ties that i can. I can't do anything about my parents, they are still being taken care of by my brother and I but I got an offer abroad and it is better for my family if I take it.

thanks and I apologies for the lengthy email
JGCA
Posts: 754
Joined: Thu Nov 18, 2010 3:05 pm
Location: Montreal, QC Canada

Post by JGCA »

you said you will cut all ties so you will be a non resident your Parent's will simply remain in Canada you are not effected by their residency status at all its based on your residency
JG
David Targue
Posts: 2
Joined: Sun Jan 22, 2012 4:50 am

Post by David Targue »

I was told since I signed a 10 year commitment that said I will be responsible for my parents, they are now considered dependents and as such they are considered ties in canada, similar to having kids living in canada.

I also don't want to affect my parents residency since it is connected to mine??
nelsona
Posts: 18680
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

While they may or may not be "dependants" for immigration purposes, in that you are financially responsible for them if they cannot support themselves, that dose not mean that they are your dependants within the mening of tax residency.

This is especially true since you are establishing US tax residenct, and the treaty overrides CRA definitions.

You are still ultimately "responsible" for them, but will no longer be resident in canada for tax purposes, the day you move to US.

This chnages nothing with respect to their 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
JGCA
Posts: 754
Joined: Thu Nov 18, 2010 3:05 pm
Location: Montreal, QC Canada

Post by JGCA »

Tax has nothing to do with Immigration they each have their own seperate rules and as Nelson said the tax treaty overrides the ITA.
JG
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