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Brought car into Canada five years ago

malaitaeagles

Newbie
Jul 10, 2018
3
0
In 2013, I entered Canada on a work visa from the US. At that time, I brought a car (a European model) with me. When I declared the car at the border crossing, I vaguely remember being told that I couldn't sell the car unless I paid some sort of tax on it. Well, five years later, I am now a permanent resident, and would like to sell that car. Do I still have to pay that tax since I immigration status has changed?
 

links18

Champion Member
Feb 1, 2006
2,009
128
Did you import the vehicle back in 2013 or no? If not, the problem now is that you may have already violated the Customs Act and/or provincial law by keeping the car in Canada so long without officially importing it and may be subject to fines and or seizure of the vehicle when you try to legalize it. What plates did you keep on the car this entire time? What insurance did you have?

When you say it is a European model, do you mean manufactured in Europe for the US market or do you mean a European market vehicle? If it is the latter, then there are even more burdensome steps to get it imported and some cars may not even be admissible, unless the car is more than 15 years old.
 
Last edited:

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
In 2013, I entered Canada on a work visa from the US. At that time, I brought a car (a European model) with me. When I declared the car at the border crossing, I vaguely remember being told that I couldn't sell the car unless I paid some sort of tax on it. Well, five years later, I am now a permanent resident, and would like to sell that car. Do I still have to pay that tax since I immigration status has changed?
You should contact CBSA directly about this but I suspect that you will be liable for the tax regardless.
 

links18

Champion Member
Feb 1, 2006
2,009
128
http://www.tc.gc.ca/eng/motorvehiclesafety/safevehicles-importation-visitors-faq-1336.htm

"I have received temporary residency visa for Canada to study or work. May I bring my personal vehicle without having to formally import it?

Declaring a vehicle is optional for temporary residents. It is recommended that you declare your vehicle as part of your personal and household effects upon arrival to Canada if you have been granted a temporary residency authorization that exceeds three months during which you will need to license the vehicle in Canada during your stay.


Canadian Border Services Agency (CBSA) officials will apply section 7(1)(b) of the Motor Vehicle Safety Act (MVSA) which means that you are considered a visitor and the vehicle does not have to comply with the MVSA and provide you with a formal vehicle import declaration outlining the temporary nature of the vehicle’s entry. This declaration known as the Vehicle Import Form – Form-1 is necessary for licensing your vehicle during your temporary residency in Canada."


You may not have been required to import your vehicle under the Customs Act when you entered as a temporary resident, but you almost certainly ran afoul of provincial law if you did not register your car after the relevant time period. You really can't be considered a visitor anymore if you were working in a particular province. Now that you are a PR, everyday you continue to use the non-imported car is a Customs Act violation. CBSA may or may not be willing to overlook this, but if you are still carrying non-Canadian registration and insurance on the car, you are going to want to remedy that with haste.
 
Last edited:

malaitaeagles

Newbie
Jul 10, 2018
3
0
Did you import the vehicle back in 2013 or no? If not, the problem now is that you may have already violated the Customs Act and/or provincial law by keeping the car in Canada so long without officially importing it and may be subject to fines and or seizure of the vehicle when you try to legalize it. What plates did you keep on the car this entire time? What insurance did you have?

When you say it is a European model, do you mean manufactured in Europe for the US market or do you mean a European market vehicle? If it is the latter, then there are even more burdensome steps to get it imported and some cars may not even be admissible, unless the car is more than 15 years old.
http://www.tc.gc.ca/eng/motorvehiclesafety/safevehicles-importation-visitors-faq-1336.htm

"I have received temporary residency visa for Canada to study or work. May I bring my personal vehicle without having to formally import it?

Declaring a vehicle is optional for temporary residents. It is recommended that you declare your vehicle as part of your personal and household effects upon arrival to Canada if you have been granted a temporary residency authorization that exceeds three months during which you will need to license the vehicle in Canada during your stay.


Canadian Border Services Agency (CBSA) officials will apply section 7(1)(b) of the Motor Vehicle Safety Act (MVSA) which means that you are considered a visitor and the vehicle does not have to comply with the MVSA and provide you with a formal vehicle import declaration outlining the temporary nature of the vehicle’s entry. This declaration known as the Vehicle Import Form – Form-1 is necessary for licensing your vehicle during your temporary residency in Canada."


You may not have been required to import your vehicle under the Customs Act when you entered as a temporary resident, but you almost certainly ran afoul of provincial law if you did not register your car after the relevant time period. You really can't be considered a visitor anymore if you were working. Now that you are a PR, everyday you continue to use the non-imported car is a Customs Act violation. CBSA may or may not be willing to overlook this, but if you are still carrying non-Canadian registration and insurance on the car, you are going to want to remedy that with haste.
My car is fully registered and insured in the province I live in. The vehicle was declared appropriately fill those forms you had mentioned.
 

malaitaeagles

Newbie
Jul 10, 2018
3
0
Did you import the vehicle back in 2013 or no? If not, the problem now is that you may have already violated the Customs Act and/or provincial law by keeping the car in Canada so long without officially importing it and may be subject to fines and or seizure of the vehicle when you try to legalize it. What plates did you keep on the car this entire time? What insurance did you have?

When you say it is a European model, do you mean manufactured in Europe for the US market or do you mean a European market vehicle? If it is the latter, then there are even more burdensome steps to get it imported and some cars may not even be admissible, unless the car is more than 15 years old.
The car was imported back in 2013. I went through the border crossing and declared it. When I declared it at the border crossing, I was told by the agent that I did not have to pay duty on it unless I was going to sell it. It is fully insured and registered in the province I live in.... The car is a European model bought in the US.
 

links18

Champion Member
Feb 1, 2006
2,009
128
Look at the Vehicle Form 1 they gave you at the border when you landed in 2013, what does it say? Was it entered as the vehicle of a temporary resident or as "settler's effects"? Was the vehicle officially exported from the U.S.? Its still not clear to me if the car was manufactured for the US market or the European market? Go see if it has a U.S. compliance label in the door jamb.

If the car was considered the vehicle of a temporary resident back in 2013, you were likely supposed to include the car on your accompanying goods forms when you landed as a PR and do the import process all over again. Did you? If not, you will likely have to go through the process all over again (including exporting it from the US, if you didn't already) and pony up GST/HST/PST, Duty and A/C tax and the RIV Fee, if this wasn't done before.
 

Alex54321

Hero Member
Jul 28, 2017
513
127
USA
Category........
FAM
App. Filed.......
20-10-2017
AOR Received.
01-12-2017
My car is fully registered and insured in the province I live in.
Not sure about Canada, but in US fully registered and insured car (US titled, plated, insured) can be sold no questions asked.
 

links18

Champion Member
Feb 1, 2006
2,009
128
Not sure about Canada, but in US fully registered and insured car (US titled, plated, insured) can be sold no questions asked.
Not if it wasn't properly imported. It would be a huge customs violation and yes it is possible to have a fully registered, titled and insured car in the US that wasn't properly imported for customs purposes.