Posted on: 12-08-17 20:27:32
Our children are adults and go to University. We are Canadian Citizens with OCI. I am thinking of moving to India alone as our marriage has become dysfunctional. However I don’t want to go thru the divorce process at this stage. I simply want to stay away in India but would like to keep the option of visiting Canada open to see my children for a month or two.
My wife has a job and own investments and so she won’t be depending on me for Income. My children may be.
My questions is how I can smoothly do this.
1. I don’t want to file tax returns in Canada or any tax issues in Canada. India offcourse I will file as a resident of India
2. As an OCI how can I send money to my children in Canada from India if required
3. In the event I surrender my Canadian passport and get Indian passport. Can it be a problem to get visit or super visa if my children apply.
Thanks in advance
Please have little patients till your query is answered by another you..We just had Global Indian moved back and he is very very knowledgeable. If GI doesnt chime in I am sure Pendse or other alias will. Hang tight
1. You will have to file returns in both countries. In India, it s mandatory to file return if you have income over Rs. 2.5 lakhs per annum. In Canada, you will you have to file as you have family.
https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/information-been-moved/determining-your-residency-status.html
2. You can send money to Canada from India within RBI guidelines.
3. Granting visa would be dependent on visa officer's discretion.
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Sorry to hear about your Family and Social matters here on this board. Hope you can resolve the same with some able help.
As previously mentioned in above post, as long as you have ties to Canada, you cannot escape from filing TAX RETURNS with in Canada. Also if you have family and also financial ties with them, since they will be looking upto you for finances in times of need and you will be providing them with it, it once again will create a tie to Canada here. Also it will leave a paper trail and will link the it back to you in the Banking System.
All of this is because you claim that you are an OCI and also a Canadian. I am sure you will be receiving CPP and OAS also, plus receiving RRSP and/or RRIF later from your own contributions. You cannot escape the Tax filing here in Canada, if you want to continue receiving these benefits. There is a FLAT 15% with holding tax on these if it gets remitted abroad. To recover the same back, you will need to file taxes.
Any stay here within Canada will attract the attention of the CBSA and also the Tax man, mostly because you would like to visit the family on a VISA after giving up your Canadian status.
To get back your Indian Citizenship there in India, you will need to stay a full year within India continuously (REPEAT for ONE FULL YEAR) and also maintain residence and pay taxes etc., and abide by their requirements at that time. Things might get eased a little bit or change to worse also. So, it will be Five Long Years before you can decide upon this issue. So, you will be a Canadian Citizen for that duration.
As far as I can see, all or most of your income is from within Canada. You have not disclosed any other from outside, in your posting here. So, if you do have such an income, you are already submitting taxes and returns and you do know the burden of proof associated with it. You are also free to dispose off any such income as you please after payment of taxes to the country. There will be a need to report such an income here in Canada also. You have to be a little bit more explicit to get a proper response from me as I delve a lot deeper into your questioning here.
So, now you know that you cannot have it both ways, unless you sever all your ties within Canada, which you are unable to do so.
If perchance the problems that you are experiencing are MEDICAL ones, then please do tell your Family Physician and seek a remedy. If it is any other, then take a friend into confidence and resolve the same amicably and if it gets minimized with visits to India, then please limit them to Sixty days or there abouts to eliminate Tax filing. If you stay there for a longer period, say 183 days or more, then it is mandatory for you to file taxes there also. Hence avoid the same.
Hope this helps you a little.
FH.
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Quote:
Originally posted by Race 2the_basement
Our children are adults and go to University. We are Canadian Citizens with OCI. I am thinking of moving to India alone as our marriage has become dysfunctional. However I don’t want to go thru the divorce process at this stage. I simply want to stay away in India but would like to keep the option of visiting Canada open to see my children for a month or two.
My wife has a job and own investments and so she won’t be depending on me for Income. My children may be.
My questions is how I can smoothly do this.
1. I don’t want to file tax returns in Canada or any tax issues in Canada. India offcourse I will file as a resident of India
2. As an OCI how can I send money to my children in Canada from India if required
3. In the event I surrender my Canadian passport and get Indian passport. Can it be a problem to get visit or super visa if my children apply.
Thanks in advance
Quote:
Originally posted by Race 2the_basement
Our children are adults and go to University. We are Canadian Citizens with OCI. I am thinking of moving to India alone as our marriage has become dysfunctional. However I don’t want to go thru the divorce process at this stage. I simply want to stay away in India but would like to keep the option of visiting Canada open to see my children for a month or two.
My wife has a job and own investments and so she won’t be depending on me for Income. My children may be.
My questions is how I can smoothly do this.
1. I don’t want to file tax returns in Canada or any tax issues in Canada. India offcourse I will file as a resident of India
2. As an OCI how can I send money to my children in Canada from India if required
3. In the event I surrender my Canadian passport and get Indian passport. Can it be a problem to get visit or super visa if my children apply.
Thanks in advance
Sorry you are going through this. But you aren't alone.
1. This is a helpful article.
http://www.cbc.ca/news/business/taxes/6-must-know-tax-facts-for-canadians-earning-abroad-1.1167892
CRA website has helpful information- in short, you are on the hook in both places.
2. You can send money to your children from India (some years ago that limit was around US$100,000 per year for purposes of education and that limit still holds)
3. If you surrender your citizenship, you hold no special privileges/ claim to a super visa. That's a decisions entirely in the hands of the visa officer.
Stay calm. Best
