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Living in Canada as a Permanent Resident but working for a UK based company?

Rob_TO

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Nov 7, 2012
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mooer said:
I also thought that you don't pay UK tax if you don't reside there?? Shouldn't it all be paid in Canada?
If income is coming from a UK source, I'm pretty sure the UK will want their cut of it in taxes.

In Canada if one is deemed a non-resident, then they no longer need to pay taxes to Canada. However becoming a non-resident here requires you to sever all financial ties with Canada (so no accounts, properties, etc). I can only assume that it would be impossible to be declared a non-resident if you continue to work for an employer in that country. I also assume that UK rules would be similar to Canada here regarding non-residency, but of course it's always best to research the UK tax rules on your own!
 

dpenabill

VIP Member
Apr 2, 2010
6,279
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For clarity: there is a difference between requirements to file a tax return versus requirements to pay an income tax (on this or that income).

Individuals can be required to file a return (resident or non-resident return) even if that individual is entitled to deductions or credits which have the net effect of no tax due.

Thus, for example, Canadian residents (with income) must file a Canadian tax return, regardless of where in the world that income comes from. Canadians who are not resident in Canada may or may not be required to file a non-resident tax return, usually dependent on whether they have a Canadian source of income.

Canadians who are not residents of Canada and who have no Canadian source income, generally do not have to file a Canadian tax return.

Canadians who are not residents of Canada but who have Canadian source income (over a threshold amount) are ordinarily required to file a non-resident Canadian tax return.

But that does not answer whether or not they owe taxes to Canada, or how much tax they are required to pay.

Indeed, similarly for a Canadian resident who must file a resident return, that does not necessarily dictate the payment of taxes to Canada.

This is where provisions protecting individuals from double taxation come into play.

Provisions which protect individuals from double taxation largely amount to giving credit or deductions reducing or eliminating a tax owed to one country based on payment of tax for that income in another country, so that an individual is not required to pay a double tax on income. The rules vary depending on which other country is involved. It can get quite complicated. A certified accountant is of course the better resource for getting answers to particular questions in this area, but in my experience many certified accountants are not well acquainted with this relative to even the most common scenarios, that is, relative to situations involving the U.S. or the U.K. So one may have to search for an accountant with the expertise in this area . . . or rely on a Canadian accountant and an accountant in the other country to coordinate with one another.

Just because a treaty and applicable law protects an individual from having to pay a tax to another country if the tax is paid in Canada, that does not necessarily mean no tax return has to be filed in the other country. And similarly, as to the converse, even if the tax is being paid in another country and the applicable treaty and law protects the Canadian from having to pay a tax to Canada, the Canadian may still be required to file a return.

Moreover, these laws protect against double taxation, but if the tax rate is higher in one country, some income tax may have to be paid to both countries. Payment of the lower tax rate in one country generally only protects the taxpayer from having to pay that amount again in the other, not from having to pay the higher amount. (Recognizing that the actual way the provisions apply depends, again, on what those provisions are and the countries involved).

Note that the date a return must be made does not usually determine which country has the primary entitlement to the tax. So it does not matter which return has to be filed first. Specific provisions, depending on where the taxpayer is resident, where the taxpayer engages in the activity resulting in income, and where the source of the income is, determine which country has the primary right to collect a tax on that income. The tax must be paid to the country with the primary right to collect it. Then the taxpayer is (in most common scenarios . . . again it varies from country to country) usually entitled to at least a credit against any tax claimed by the other country . . . thus, if the amount paid to the country with the primary right to collect the tax is as much or greater than the tax for that income is in the secondary country, no additional tax is due. If, however, the tax in the secondary country is greater than that paid to the primary country, the taxpayer gets a credit and only has to pay the secondary country the difference (the amount due over that already paid to the primary country).

That's a very rough, crude explanation of how it usually, generally works. How it works in particular varies and is subject to the specific treaty and laws for that country in relationship to Canada. For U.S. citizens, for example, just by being a bona fide resident of Canada, there is a flat deduction regardless of the source of income, and there is no need to get into the complexities of credits unless one's income exceeds that amount. There are, however, also specific rules applicable depending on where the work is actually done (many people live on one side of the U.S./Canada border and commute to a job on the other side), but overall credits are still available so that ultimately the maximum tax rate is paid (which can be some to one country and the difference to the other) but there is no double taxation.
 

jamieb14

Star Member
Nov 17, 2014
50
0
Thanks for the info guys but this is all nuts to me so I will cross this bridge when i get there and get in touch with a qualified accountant who knows about all this stuff!

It's all confusing to me so let the professionals do it i say 8)
 

Emily Millns

Newbie
Jun 30, 2016
4
0
Thanks for the info, very useful.

I am in a similar situation, on a one year work visa working in Vancouver remotely for a UK based company, paid in pounds and paying UK taxes. I am looking into PR, but it is proving v. difficult. Would you be able to give me some info on how you did it? My company are also keen for me to stay here and continue working for them.

Thanks,
 

Bs65

VIP Member
Mar 22, 2016
13,190
2,419
Emily Millns said:
Thanks for the info, very useful.

I am in a similar situation, on a one year work visa working in Vancouver remotely for a UK based company, paid in pounds and paying UK taxes. I am looking into PR, but it is proving v. difficult. Would you be able to give me some info on how you did it? My company are also keen for me to stay here and continue working for them.

Thanks,
Looking at the OPs posts in history I may be wrong I get the impression they only landed on an IEC in March this year so not even sure they have followed through yet on PR. Also note that working remotely in Canada for a UK company does not count as Canadian experience towards PR, for that you need to work for a Canadian company in Canada. Have you added up your points for express entry ?
 

Telle

Newbie
Sep 18, 2017
3
0
Hi Emily Millins,

I am in same boat as you, have been living in Toronto on an IEC but employed by and paid by Australian company (who I worked for before I left Australia) and have only been paying taxes in Australia whilst living in Canada. I have recently submitted by PR application through the federal skilled worker program as couldn't claim Canadian work experience. I would love to know how your situation has panned out as my work wants me to stay with them pending PR but now that we are setting up a hub in Canada I will transfer to being paid locally in the next few months. Hoping to get PR approval in next few months too and also hoping the employment arrangement/paying all taxes in Australia won't cause me issues with PR.
 

canuck_in_uk

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May 4, 2012
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Hi Emily Millins,

I am in same boat as you, have been living in Toronto on an IEC but employed by and paid by Australian company (who I worked for before I left Australia) and have only been paying taxes in Australia whilst living in Canada. I have recently submitted by PR application through the federal skilled worker program as couldn't claim Canadian work experience. I would love to know how your situation has panned out as my work wants me to stay with them pending PR but now that we are setting up a hub in Canada I will transfer to being paid locally in the next few months. Hoping to get PR approval in next few months too and also hoping the employment arrangement/paying all taxes in Australia won't cause me issues with PR.
As you live in Canada, you are a tax resident and are required to file a tax return. There is a double taxation agreement with Australia, so you will only pay any difference in taxes.
 

ryan711

Newbie
Feb 9, 2018
5
0
For clarity: there is a difference between requirements to file a tax return versus requirements to pay an income tax (on this or that income).

Individuals can be required to file a return (resident or non-resident return) even if that individual is entitled to deductions or credits which have the net effect of no tax due.

Thus, for example, Canadian residents (with income) must file a Canadian tax return, regardless of where in the world that income comes from. Canadians who are not resident in Canada may or may not be required to file a non-resident tax return, usually dependent on whether they have a Canadian source of income.

Canadians who are not residents of Canada and who have no Canadian source income, generally do not have to file a Canadian tax return.

Canadians who are not residents of Canada but who have Canadian source income (over a threshold amount) are ordinarily required to file a non-resident Canadian tax return.

But that does not answer whether or not they owe taxes to Canada, or how much tax they are required to pay.

Indeed, similarly for a Canadian resident who must file a resident return, that does not necessarily dictate the payment of taxes to Canada.

This is where provisions protecting individuals from double taxation come into play.

Provisions which protect individuals from double taxation largely amount to giving credit or deductions reducing or eliminating a tax owed to one country based on payment of tax for that income in another country, so that an individual is not required to pay a double tax on income. The rules vary depending on which other country is involved. It can get quite complicated. A certified accountant is of course the better resource for getting answers to particular questions in this area, but in my experience many certified accountants are not well acquainted with this relative to even the most common scenarios, that is, relative to situations involving the U.S. or the U.K. So one may have to search for an accountant with the expertise in this area . . . or rely on a Canadian accountant and an accountant in the other country to coordinate with one another.

Just because a treaty and applicable law protects an individual from having to pay a tax to another country if the tax is paid in Canada, that does not necessarily mean no tax return has to be filed in the other country. And similarly, as to the converse, even if the tax is being paid in another country and the applicable treaty and law protects the Canadian from having to pay a tax to Canada, the Canadian may still be required to file a return.

Moreover, these laws protect against double taxation, but if the tax rate is higher in one country, some income tax may have to be paid to both countries. Payment of the lower tax rate in one country generally only protects the taxpayer from having to pay that amount again in the other, not from having to pay the higher amount. (Recognizing that the actual way the provisions apply depends, again, on what those provisions are and the countries involved).

Note that the date a return must be made does not usually determine which country has the primary entitlement to the tax. So it does not matter which return has to be filed first. Specific provisions, depending on where the taxpayer is resident, where the taxpayer engages in the activity resulting in income, and where the source of the income is, determine which country has the primary right to collect a tax on that income. The tax must be paid to the country with the primary right to collect it. Then the taxpayer is (in most common scenarios . . . again it varies from country to country) usually entitled to at least a credit against any tax claimed by the other country . . . thus, if the amount paid to the country with the primary right to collect the tax is as much or greater than the tax for that income is in the secondary country, no additional tax is due. If, however, the tax in the secondary country is greater than that paid to the primary country, the taxpayer gets a credit and only has to pay the secondary country the difference (the amount due over that already paid to the primary country).

That's a very rough, crude explanation of how it usually, generally works. How it works in particular varies and is subject to the specific treaty and laws for that country in relationship to Canada. For U.S. citizens, for example, just by being a bona fide resident of Canada, there is a flat deduction regardless of the source of income, and there is no need to get into the complexities of credits unless one's income exceeds that amount. There are, however, also specific rules applicable depending on where the work is actually done (many people live on one side of the U.S./Canada border and commute to a job on the other side), but overall credits are still available so that ultimately the maximum tax rate is paid (which can be some to one country and the difference to the other) but there is no double taxation.
Regarding "requirements to file a tax return versus requirements to pay an income tax", is this strictly for residents/citizens with permanent status, or does this also apply for temporary/frequent visitors/tourists?

I am employed remotely with a US company but am frequently visiting and staying in Canada to visit friends in Ontario and my boyfriend in Québec (disclaimer: we have no near- or long-term plans to make our relationship more official legally—our long-distance relationship works just fine for us at the present moment!). In 2016 I was in Canada for less than 180 days, so no problems there. I've calculated that in 2017 I spent a total of 7 months in Canada and 3 months in the US; 2 months were spent elsewhere for work trips and leisure.

In my case, to what extent am I legally responsible for filing Canadian taxes—if any—if I have zero income in Canada, do not have a Canadian medical card, and do not qualify for the GST/HST credit? If I choose to open a Canadian bank account (to hold US dollars in cash that I exchanged in Canada, for example) or to sign a lease on an apartment in Canada, do those tax obligations change? Am I considered a "permanent resident" for tax purposes but not immigration purposes...?
 

dpenabill

VIP Member
Apr 2, 2010
6,279
3,040
https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/you-have-file-a-return.html
Regarding "requirements to file a tax return versus requirements to pay an income tax", is this strictly for residents/citizens with permanent status, or does this also apply for temporary/frequent visitors/tourists?

I am employed remotely with a US company but am frequently visiting and staying in Canada to visit friends in Ontario and my boyfriend in Québec (disclaimer: we have no near- or long-term plans to make our relationship more official legally—our long-distance relationship works just fine for us at the present moment!). In 2016 I was in Canada for less than 180 days, so no problems there. I've calculated that in 2017 I spent a total of 7 months in Canada and 3 months in the US; 2 months were spent elsewhere for work trips and leisure.

In my case, to what extent am I legally responsible for filing Canadian taxes—if any—if I have zero income in Canada, do not have a Canadian medical card, and do not qualify for the GST/HST credit? If I choose to open a Canadian bank account (to hold US dollars in cash that I exchanged in Canada, for example) or to sign a lease on an apartment in Canada, do those tax obligations change? Am I considered a "permanent resident" for tax purposes but not immigration purposes...?
In many situations it is easy to see that a tax return must be filed or SHOULD be filed.

See the CRA website page for example:
https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/you-have-file-a-return.html

For more information about those who return to or leave Canada, and non-residents, START here:
https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/individuals-leaving-entering-canada-non-residents.html

Beyond the simple, it can get complicated.

I may have offered almost everything I know in my previous post. As I recall, there may have been some confusion which I tried to resolve. But my knowledge about Canadian tax rules is shallow at best.

That said, there are some things which, again, are relatively easy: Residency for taxation purposes is mostly a separate issue from immigration status. Immigration status may be relevant when considering whether there is a tax filing obligation but it alone does not determine or define who must file.

Additionally, residency for taxation purposes is not dependent on permanent residence. Residency for taxation purposes, as I understand it, can be established by residential ties for just a PART of a year.

CRA's online information about determining TAX residency status can be seen here:
https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/information-been-moved/determining-your-residency-status.html
 

ryan711

Newbie
Feb 9, 2018
5
0
https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/you-have-file-a-return.html


In many situations it is easy to see that a tax return must be filed or SHOULD be filed.

See the CRA website page for example:
https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/you-have-file-a-return.html

For more information about those who return to or leave Canada, and non-residents, START here:
https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/individuals-leaving-entering-canada-non-residents.html

Beyond the simple, it can get complicated.

I may have offered almost everything I know in my previous post. As I recall, there may have been some confusion which I tried to resolve. But my knowledge about Canadian tax rules is shallow at best.

That said, there are some things which, again, are relatively easy: Residency for taxation purposes is mostly a separate issue from immigration status. Immigration status may be relevant when considering whether there is a tax filing obligation but it alone does not determine or define who must file.

Additionally, residency for taxation purposes is not dependent on permanent residence. Residency for taxation purposes, as I understand it, can be established by residential ties for just a PART of a year.

CRA's online information about determining TAX residency status can be seen here:
https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/information-been-moved/determining-your-residency-status.html
Your explanations help clarify, I appreciate that. I had searched all these links on the Canada.ca site safe the second one but felt they didn't really help me pinpoint how to proceed in my position. I'll need to consult my accountant in the US about my possibly being a deemed non-resident of Canada (I love the precision of the wording too, makes it much easier to identify in complicated situations!) and if I'll need to pay any Canadian taxes under the tax treaty between both countries.

Thanks for your help!
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
As you live in Canada, you are a tax resident and are required to file a tax return. There is a double taxation agreement with Australia, so you will only pay any difference in taxes.
Wondering why you thought you should pay Australian taxes while living in Canada? If someone at the company is advising people to do this you need to correct them.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Wondering why you thought you should pay Australian taxes while living in Canada? If someone at the company is advising people to do this you need to correct them.
??

The poster I responded to is working remotely for an Australian company while living in Canada.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
Sorry it has been a ROUGH day and missed that Australian work was being done remotely. Still think there should be taxes paid though as an IEC participant dependent on the taxation deal we have set up with Australia.
 

Sarah0211

Star Member
Apr 24, 2019
123
66
I was wondering if anyone who works for a UK company from Canada has filed for taxes in Canada yet. And if yes, how did you go about it? Did you only have to be pay the tax in Canada or in the UK too?
Thanks!
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
I was wondering if anyone who works for a UK company from Canada has filed for taxes in Canada yet. And if yes, how did you go about it? Did you only have to be pay the tax in Canada or in the UK too?
Thanks!
What is your status in Canada and in the UK?