Spouse residency status

[Mimaca]

Hello,

I'm planning to move abroad with my spouse and I'm looking for some insights.

I wish to keep my remote job in Canada (Already working remotely), so I'll only keep this job + a checking bank account for the salary.
I'm not sure if by doing this, I'll still be considered as resident of Canada (I guess Deemed resident of Canada).

If They still consider me as Deemed Resident of Canada will my spouse also be considered as Deemed resident of Canada, or they will be considered as non-resident?

Thanks for any help.

 

[canuck78]

Hello,

I'm planning to move abroad with my spouse and I'm looking for some insights.

I wish to keep my remote job in Canada (Already working remotely), so I'll only keep this job + a checking bank account for the salary.
I'm not sure if by doing this, I'll still be considered as resident of Canada (I guess Deemed resident of Canada).

If They still consider me as Deemed Resident of Canada will my spouse also be considered as Deemed resident of Canada, or they will be considered as non-resident?

Thanks for any help.

Depends on how you are being paid. Are you an independent co tractor or an employee? You should be discussing this with your employer plus notifying them that you plan on leaving Canada and still would like to work remotely. Also depends on what other ties you have to Canada like investments, bank accounts, etc. CRA has a process that you go through were they determine whether you area tax resident or not. If you are a tax resident your spouse will be a tax resident if they are a PR/citizen.

 

[Mimaca]

Depends on how you are being paid. Are you an independent co tractor or an employee? You should be discussing this with your employer plus notifying them that you plan on leaving Canada and still would like to work remotely. Also depends on what other ties you have to Canada like investments, bank accounts, etc. CRA has a process that you go through were they determine whether you area tax resident or not. If you are a tax resident your spouse will be a tax resident if they are a PR/citizen.

Thanks for your feedback. I will definitely talk to my employer if I consider working remotely from abroad and it will be up to them to accept or not.

For the spouse, there is something that confuses me. On the CIC website they define what is a deemed resident of Canada and having a spouse who is a deemed resident of Canada is not included in the conditions or ties.
https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/individuals-leaving-entering-canada-non-residents/deemed-residents.html

Moreover, there is this mention regarding receiving child benefits (See note in red):

Entitlements to benefits
Canada child benefit
If you are eligible to receive the Canada child benefit (CCB), you will continue to receive it but you are not eligible for any related provincial or territorial benefits during your absence from Canada.
You will have to file a return each year so the CRA can calculate your CCB. If you have a spouse or common-law partner who is a deemed or factual resident, they will also have to file a return each year.
If your spouse or common-law partner is a non-resident of Canada, they will have to file Form CTB9, Income of Non-Resident Spouse or Common-Law Partner for the Canada child benefit.
If you have a child while outside Canada, you can apply for the CCB by sending the CRA a completed Form RC66, Canada Child Benefits Application (includes federal, provincial, and territorial programs). For more information, see Booklet T4114, Canada Child Benefit and related provincial and territorial programs.

My understanding from this note is that the spouse could be a deemed resident or non-resident depending on their own ties to Canada.

What do you think?

 

[canuck78]

Thanks for your feedback. I will definitely talk to my employer if I consider working remotely from abroad and it will be up to them to accept or not.

For the spouse, there is something that confuses me. On the CIC website they define what is a deemed resident of Canada and having a spouse who is a deemed resident of Canada is not included in the conditions or ties.
https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/individuals-leaving-entering-canada-non-residents/deemed-residents.html

Moreover, there is this mention regarding receiving child benefits (See note in red):

Entitlements to benefits
Canada child benefit
If you are eligible to receive the Canada child benefit (CCB), you will continue to receive it but you are not eligible for any related provincial or territorial benefits during your absence from Canada.
You will have to file a return each year so the CRA can calculate your CCB. If you have a spouse or common-law partner who is a deemed or factual resident, they will also have to file a return each year.
If your spouse or common-law partner is a non-resident of Canada, they will have to file Form CTB9, Income of Non-Resident Spouse or Common-Law Partner for the Canada child benefit.
If you have a child while outside Canada, you can apply for the CCB by sending the CRA a completed Form RC66, Canada Child Benefits Application (includes federal, provincial, and territorial programs). For more information, see Booklet T4114, Canada Child Benefit and related provincial and territorial programs.

My understanding from this note is that the spouse could be a deemed resident or non-resident depending on their own ties to Canada.

What do you think?

You are only looking at CCB entitlements. If your spouse is a tax resident of Canada there is a good chance that your spouse is also a tax resident of Canada. There are many nuances so it is best to contact CRA who determines whether you are a tax resident, whether you qualify for benefits like CCB while abroad, etc. much better than having CRA contact you after the fact asking for money back having determined you received it incorrectly. There is a process to determine who is a tax resident through CRA.