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Tuesday, 3 January 2017

Tax Issues For Investors And Canadian Immigrants

By Andrew Young


Like every other developed nation, taxation in Canada is complex. The uniqueness of tax issues for investors and Canadian immigrants lies in the fact that taxation is based on residency. This means that you pay taxes for all income you earn in Canada and outside the country. As such, you need to have clear residency determination to know how much you are required to pay.

The amount you pay is determined by taxation courts after evaluating your residential ties. They rate your ties either as strong or weak. Strong residency includes instances where you have a rented or owned dwelling place. Dependents or spouses having residency also counts as strong ties. Your travel status to Canada and how frequent it is also determine the strength of your ties.

There are weaker ties that affect the taxes paid. They will only apply if the major or stronger ties are divided or can not be applied. The weaker ties include personal properties like furniture, vehicles and cloths, social ties like membership to a church, club, etc, economic ties including investments, credit cards and bank accounts. Personal ties that include non-dependent relations, voting rights, driving license and health care plans are also scrutinized.

Determining your resident status is the work of Canadian Revenue Authority. Their investigations involve several questions aimed at ascertaining the information they already have. There is a NR74 form to be filled that captures your status. It is the information you give that will determine your status.

Categories that are deemed to be resident and thus automatically taxed include government employees like those enlisted in the armed forces. Sojourners or people who have been in Canada for 183 or more days are also taxed as residents. The days may be broken or continuous. CRA will make a determination after evaluating all available facts from your stay.

It is common to confuse part-year residents with sojourners. To get a clearer picture, a person whose status was approved in April will have entered the taxation bracket by December. For those whose status is approved in September, taxation window opens before confirmation of their status. However, global taxation regime kicks in before residency taxation.

There are treaties signed with countries of origin to avoid double taxation. For an immigrant or investor, CRA will evaluate the treaties and communicate on the taxation regime to be used. You are however required to report it as taxable income. Deductions will be done by CRA before local laws apply. Passive income like dividends, royalties and interests is not exempt from taxes. However, there is a minimum that is charged to ensure that you retain as much as possible. Foreign tax credits will also reduce the chances of double taxation.

There are moving charges that affect taxation. Movements commencing or ending in Canada are not granted deductions. However, should the move result in you being a resident of Canada, you are entitled to deductions. The application of CRA rules is on individual basis. To be on the safe side, engage taxation experts and fully understand your status.




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