Preference to Longer Term Taxpayers With Regards to Future Work Permits

[Js101]

Hello,

I am a US citizen and resident. I worked in Canada with a work permit granted through a LMO from October to December of 2012. I was originally supposed to be in Canada for 2 years, but plans changed. During this time, I had regular Canadian withholding taxes withheld from my paycheck.

I was told by a representative at the CRA that since I was in the country for less than 183 days, I would likely get all taxes paid back.

This could cause me a few problems. Firstly, I am hoping to return to Canada under a new work permit. I am concerned this record of not contributing to the Canadian taxation system (although perfectly legal) may be considered in a future work permit application?

Secondly, I would prefer to pay the tax to Canada and just apply for the credit in the US because if I receive the refund from Canada, my lack of foreign taxation will make me need to pay penalties to the US taxation authorities due to insufficient estimated tax payments.

Is my first concern a valid concern?

Is there a way to file and pay the tax in Canada anyway?

 

[seton]

Is my first concern a valid concern?

No it isn't. You tax status has no bearing on your immigration applications - they are two separate federal agencies that administer different programs.

Is there a way to file and pay the tax in Canada anyway?

Technically you could try to demonstrate that you should be deemed a resident, but in a practical sense this is difficult (as you cannot be deemed a resident in Canada while being considered a resident in the US due to tax treaties). I really see no merit in trying to do this.