Canada Resident status

[arvindcantaxes]

Hi,
I became Canada Permanent resident in Aug/2021 and my family(Spouse and kid) moved there.
I work for US company and work location is US.
Wanted to check if I qualify as "Deemed Non-resident" for canada tax purposes. Please see below for more information.

Canada Ties:
Family bought a Home and plan to stay there.
I visit family 1-2 times a year( 30 days) max

US Ties:
Been working in US for 7 years and I am US resident alien for Tax purposes.
Rent a place here.
Stay in US for for most of the year.

[nelsona]

Yes, you would be considered a deemed non-resident, by virtue of the treaty clause on Residence, by which you are deemed to be US resident, since -- although you have the residential ties in Canada (a home and family in Canada) to make you Cdn resident -- you ALSO meet US tax residency requirements AND you also have a home in US AND your centre of vital interest is still in US.

To guarantee this, I might suggest that instead of YOU visiting your family, THEY should visit you when possible. Your visits are by no means excessive, but if you are worried about making absolutely sure you remain non-resident of Canada, this would be best.

Just so you know, from a taxation point of view there is no difference between a deemed non-resident and a non-resident.

[arvindcantaxes]

Thanks for the reply.

Just to confirm, I rent a place in US and I assume that would also qualify as "home" for tax purposes ?

[nelsona]

As I said, you have a home in US. Ownership is certainly not required.