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Help with clarification on tax status

etaoin

Member
Nov 7, 2017
11
3
I am seeking clarification on my tax status, and any assistance from anyone who is familiar with such situations would be greatly appreciated.

I am a British citizen. I have been physically present in Canada since July 2017, married my Canadian citizen spouse in August 2017, and became a PR in August 2019. Before becoming a PR, my status was that of a temporary resident, which was extended twice by means of a visitor record.

During this time, I was working online as a self-employed contractor, contracted exclusively to a media firm in the UK, dealing with their British clients and being paid in GBP in my UK bank account. I understand this to be legal in Canada as per: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/what-is-work.html which states:
long distance (by telephone or Internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada [is not considered "work" for immigration purposes]

When applying for both of my visitor status extensions, and for PR, I was very clear about the nature and legal standing of my work.

I have been filing UK tax returns as a tax resident of the UK throughout this process. When I officially landed, at Etobicoke IRCC in August 2019 and was issued a SIN, I was told that I "now" had an obligation to file taxes in Canada.

While filling out my 2019 tax return, a tax advisor suggested that I verify what my Canadian tax status would have been in 2017 and 2018; I had assumed that, as I had no SIN and was not considered to be working in Canada per the above link, I would not be a deemed resident of Canada, but I would be very grateful for anyone who can assist further.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,771
I am seeking clarification on my tax status, and any assistance from anyone who is familiar with such situations would be greatly appreciated.

I am a British citizen. I have been physically present in Canada since July 2017, married my Canadian citizen spouse in August 2017, and became a PR in August 2019. Before becoming a PR, my status was that of a temporary resident, which was extended twice by means of a visitor record.

During this time, I was working online as a self-employed contractor, contracted exclusively to a media firm in the UK, dealing with their British clients and being paid in GBP in my UK bank account. I understand this to be legal in Canada as per: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/what-is-work.html which states:
long distance (by telephone or Internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada [is not considered "work" for immigration purposes]

When applying for both of my visitor status extensions, and for PR, I was very clear about the nature and legal standing of my work.

I have been filing UK tax returns as a tax resident of the UK throughout this process. When I officially landed, at Etobicoke IRCC in August 2019 and was issued a SIN, I was told that I "now" had an obligation to file taxes in Canada.

While filling out my 2019 tax return, a tax advisor suggested that I verify what my Canadian tax status would have been in 2017 and 2018; I had assumed that, as I had no SIN and was not considered to be working in Canada per the above link, I would not be a deemed resident of Canada, but I would be very grateful for anyone who can assist further.
Sounds like you were not a tax resident but CRA is the only one who can confirm. Your family income did need to be declared by your spouse though.