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New immigrant subject to Canadian taxes on world-income? ATTN: Jonboy

Curiosity

Newbie
May 29, 2011
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Hello, this is a repost. The original topic was posted in the "Settlement Issues".
I hope I am not breaking forum rules by reposting this, but I couldn't figure out how to move my original post and it was suggested that I ask the question here for the real experts to answer.
Thank you for your time!


I'm trying to understand the taxation rules, specifically related to immigration, residential ties and world income for tax purposes.

Let's consider the following situation:

- A Canadian citizen and non-resident get married early in the calendar year (let's say January)
- The non-resident applies for permanent residency but remains in his/her country and works (receives incomes) until his/her permanent residency request is granted
- The Canadian citizen continues living in Canada but does not own a residence; he/she either rents or stays at his/her parent's residence until the spouse is able to immigrate
- The non-resident is accepted as a permanent resident of Canada, quits his/her job, and immigrates late in the calendar year (let's say October)
- The permanent-resident (formerly non-resident) receives no world income from the day he/she immigrates to Canada until the end of the calendar year.

Please note the following:
- The permanent resident did not stay in Canada for 183 days or more in that tax year
- Prior to his/her arrival to Canada (immigration),
o The permanent resident did not have a home in Canada
o The permanent resident did have a spouse in Canada, effective January
o The permanent resident did not have personal property in Canada, such as a car or furniture
o The permanent resident did not have social ties to Canada
o The permanent resident did not have any other ties, such a Canadian driver's licence, Canadian bank accounts or credit cards, health insurance with a Canadian province or territory.

Is the permanent resident, in any way, subject to Canadian taxes for the world income received before his immigration date?

My initial thoughts... the permanent resident should only be taxable on world-income received after his/her immigration date... is this correct?


Thank you in advance!
 

steaky

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Nov 11, 2008
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Re: New immigrant subject to Canadian taxes on world-income?

The original posts can be found here:

http://www.canadavisa.com/canada-immigration-discussion-board/new-immigrant-subject-to-canadian-taxes-on-worldincome-t72880.0.html

But like I said before, many people managed to get "non-resident" status even if one or more of the 3 criteria were met: spouse in Canada, home in Canada, 183 days or more in Canada.

You might want to check with a Canadian lawyer specializing tax laws.
 

toby

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Sep 29, 2009
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Re: New immigrant subject to Canadian taxes on world-income?

I suggest you put the name "Jonboy" in the title to attract his attention.
 

toby

Champion Member
Sep 29, 2009
1,671
104
Category........
Visa Office......
Hong Kong
Job Offer........
Pre-Assessed..
App. Filed.......
November 2009
Med's Done....
October 2009 and 15 April 2011
Interview........
4 April 2011
Passport Req..
4 April 2011
VISA ISSUED...
7 July 2011
LANDED..........
15 July 2011
Maybe Jonboy has left the building?
 

caincanada

Newbie
Jun 16, 2011
2
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The new immigrant will have to pay income tax on his / her world income earned after arriving in Canada. He / she will not be liable to tax on the world income earned prior to arrival in Canada.

Hope this clarifies
 

Jonboy

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Sep 10, 2010
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Tax Residency is decided on the facts of a particular situation and each situation is different. There aren't any hard and fast rules. However, in the OP's case, based on the facts presented, it seems that they did not establish residential ties to Canada until they moved in October so I don't think (s)he needs to pay tax in Canada on overseas earnings before this date.