non-residency

David Targue · Post by **David Targue** » Sun Jan 22, 2012 5:01 am

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 · Post by **JGCA** » Sun Jan 22, 2012 11:24 am

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

David Targue · Post by **David Targue** » Mon Jan 23, 2012 2:08 am

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 · Post by **nelsona** » Mon Jan 23, 2012 8:30 am

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.

JGCA · Post by **JGCA** » Mon Jan 23, 2012 9:11 pm

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