Hi, Me and my spouse are landed immigrant. My spouse completed residence requirement and became Canadian Citizen. I only have PR not Citizenship. We both filled taxes in Canada jointly. My spouse got a job in USA and we both moved there. Before we moved, we surrendered OHIP cards, License and other things and we filled a form (don't remember the name of the form) to let the Canadian government know that we are not taking any social benefits thus do not want to file taxes in Canada.
In USA, I have work permit and working from day one. I still have a valid PR card but I do not file taxes in Canada. The question is do I have to file taxes or what I am doing (no benefits from Canada and no taxes to Canada) is right?
Please advice.
Quote:
Originally posted by Deal Mail
Hi, Me and my spouse are landed immigrant. My spouse completed residence requirement and became Canadian Citizen. I only have PR not Citizenship. We both filled taxes in Canada jointly. My spouse got a job in USA and we both moved there. Before we moved, we surrendered OHIP cards, License and other things and we filled a form (don't remember the name of the form) to let the Canadian government know that we are not taking any social benefits thus do not want to file taxes in Canada.
In USA, I have work permit and working from day one. I still have a valid PR card but I do not file taxes in Canada. The question is do I have to file taxes or what I am doing (no benefits from Canada and no taxes to Canada) is right?
Please advice.
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Deemed Non-residents of Canada. : Assuming an individual is not a deemed resident of Canada and is clearly considered a non-resident of Canada based on having no or limited ties to Canada (as well as resident of the foreign country based on their ties), no further analysis is required.
YOU SUBMITTED ONE SUCH FORM.
http://www.cra-arc.gc.ca/E/pbg/tf/nr73/README.html
Did you get a response back. If not, provide them all of your details or a copy of the old submission and now provide them with your current address and ask them to forward the response letter.
That is your clearance letter.
HERE IS A LITTLE HELP WITH THE TAX. :
http://www.cra-arc.gc.ca/E/pub/tg/t4056/README.html
Also here is a whole lot of mumbo jumbo, legalese, if you want to explore. But if you have a letter from the Canada Revenue Agency stating that you are no longer a Canadian Resident for Tax purposes and you filed your LAST Tax return, then, you can heave a sigh of relief.
http://www.cra-arc.gc.ca/tx/tchncl/ncmtx/cncrdnc-eng.html
Now you are working in the USA and are paying taxes there. So, the DTAA will give you all of the information as to the TAX advantages of paying taxes in that country, the USA.
FH.
Here is something to tweak your curiosity. :
http://www.uscanadataxtreaty.com/
Location: Western Hemisphere
Posted on: 27-09-13 10:30:02
If you have no ties to Canada, you will not be required to file taxes in Canada. Ties do not include any RSP that you may have left in Canada. Those can be left dormant and you could still be considered tax non-resident.
In the form you filled, they mainly look for bank accounts, OHIP, DL, home, other properties, etc.
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Dimple2001
I am in same boat Just give up your pr card and stay with your family. you don't have to file taxes in Canada.
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hkthakkar
The above posts were really succinct, but I'd just like to offer a summary.
Taxation in Canada is based on residency, not citizenship or immigrant status. Residency, in turn, is determined by residential ties - primary and secondary ties - which determine whether or not you will be taxed in Canada. You should sever the primary ties, and as many secondary ones as possible, because the CRA looks at them on an aggregate basis.
Primary ties are things like place of dwelling and family - and it looks like they are located in the US. Secondary ties are things like OHIP and a drivers license - which you mentioned you've cancelled. You should engage an accountant to look at your situation specifically to determine what ties exist, but you can probably already see what the answer is.
I certainly do hope that helps.
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Madan Chartered Accountant team
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