Hi,

I landed in 2004 and I am planning to come back to Canada as PR after staying out for more than 2 years.

I will be travelling to Canada during the next 2-3 months before the final move in Feb'07. I have a totally different list of items as compared to my list from 2004 landing to get to canada. My car (VW Passat) is different from the one in my original goods to follow list. These all will be duty free as I have stayed out for more than a year. Can someone please tell me what are my options to move my stuff without incurring any duties.

- I have to provide this list (items to follow) during my first visit to canada.
- I have to take them along in the first visit.
- I can just take them with me when I move finally in Feb'07 without first providing the list.

Also I am toying the idea of setting up a corportation in Canada to work on Corp to Corp basis. If I do it online from US, won't it make me look like a resident of Canada and take away the benefit of moving my stuff without paying duty.

Thanks
Prash

The items you are bringing in are different from the items you listed on your goods to follow list.(including the car.. as you claim).
What makes you think that they will be duty free?

I highly doubt it..(especially the car).

To expand... you have already landed in Canada before, so it is not your first visit.
Regardless of when you come in afterwards, it is difficult for me to believe that your car will not incur duty if it is different from the one listed on your initial/original goods to follow list.

I got this info from another member's post in CD, "When you stay out of Canada for a continous calendar year, you are considered a former resident of Canada for customs purposes and will have be able to bring your personal effects duty free just as in the case of a new permanent resident."

Also you can check "Moving back to Canada" link from http://www.cbsa-asfc.gc.ca/travel/former-e.html

It does not mention how is it handled if you make few short visits before final move. Also it does not give idea as to what happens if I set up a corportation in Canada to work on Corp to Corp basis online from US. Does it make me look like a resident of Canada and take away the benefit of moving my stuff without paying duty.

Any response from Seniors will be much appreciated.

Thanks
Prash

Please read the thread . Hope this helps .

http://canadiandesi.com/read.php?TID=10694

-----------------------------------------------------------------
Fido.

Fido,

I go tmy information from http://www.canadiandesi.com/read.php?TID=6641&page=1

If you see the links posted by faisal and ezrider in this link, it mentions "When you stay out of Canada for a continous calendar year, you are considered a former resident of Canada for customs purposes and will have be able to bring your personal effects duty free just as in the case of a new permanent resident." I have posted a link to a document from customs as well. It does not clarify my question, if anyone has info on this please reply.

Thanks

This type of situation is most of the time is judged on a case to case basis and of course a lot depends of the custom officer discretion.

When you submit a G2F list for the first time (at landing), it is stamped, you get one copy and other copy goes to your file in the customs department and is considered open until you bring the goods. When you bring everything they check and mark the list as finished and stamp it and the file is closed.

I think the logic they follow is that if there is a G2F list pending in your file they do not consider you as returning resident (for customs purpose). Their point, since you did not bring your stuff then how were you living. Although it is possible to argue otherwise.

The returning resident rule applies when you have lived in Canada for some time moved all your stuff, paid taxes and then moved out of Canada and returning back after more than a year. At that time you can bring your stuff with you or give a new G2F list and do not have to pay tax/duties.

If you submit a new list they will cross check it with you old list and exclude the common items and charge the duty on new stuff. You will get exemption on $750 worth of stuff, but it will be a small amount compared to total items. And for the car you will have to pay tax (14%) and duty(6% if it is made outside North America) and follow the whole import process.

Its my point of view/understanding/interpretation.

PWin,
beautifully put. I think you are absolutely right. At the end of the day it is in the Customs officer's hands but this is normally how it is done. I went through this myself and you are absolutely right.
Like I mentioned in my other post before, the guy might be able to get away(paying duty) with extra items on a second list or whatever, but I would be really surprised if they don't charge duty on the car...