Thursday, 5 January 2017

Sensitive Tax Issues For Investors And Canadian Immigrants

By Andrew Young


Taxation regimes in developed economies like Canada are fairly complex as governments seek to net every possible income. The unique tax issues for investors and Canadian immigrants are complicated by the widespread use of residency status. The status demands that taxes be paid on income earned outside Canada. To avoid penalties or legal quagmires, it is important to have a clear understanding of this status.

There are taxation courts to determine how much you pay based on residential ties. Your ties may be regarded as either strong or weak. Ties categorized as strong include instances where one has rented or owns a dwelling place. Residency of spouses or dependents is also regarded as strong ties. Persons who travel in and out of Canada frequently are also evaluated to determine their obligations and nature of ties.

Some ties are regarded as weak causing you to pay less. The revenue authority will only rely on the weaker ties if the strong ones are divided or impossible to apply. Among the weak ties are possession of personal effects like cloths, furniture and vehicles, having social ties in the form of club membership or joining a church and engaging in economic activities through bank accounts, having credit cards and investments. There are personal ties like voting rights, possession of driving license and having non-dependent relations that also count as weak.

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.

There are groups of employees like those enlisted in the armed forces who are considered automatic residents. After all, they work for the government. Another special category is the sojourner. The title is given to anyone who has been in Canada for 183 days and beyond in an year. Whether the days were continuous or broken is a determination for the CRA to make.

It is easy to confuse a sojourner with a part-year resident. A person whose residency is approved in April becomes taxable by the end of year. However, one whose approval is done in September will not have qualified as a resident. Taxation for global income only applies where residency ends or begins. For the time a person will be in Canada but not be a resident, the taxation regime will vary.

Countries sign treaties to avoid double taxation. Immigrants and investors will have their dealings evaluated by CRA and communication made on the rules to apply. Regardless of exemptions, the investor or immigrant must report such money as taxable income. It is the CRA to make deductions and standardization. The law also covers royalties, interests and dividends which though not exempt from tax have a maximum taxable amount to ensure that you retain as much. Double taxation is also reduced through foreign tax credits.

Some moving charges will be included in exempted amounts. Exemptions are not granted for a move beginning or ending in Canada. However, if the move will make you a Canadian resident, the cost will be deducted from your taxes. CRA applies rules based on personal situations. By engaging a taxation expert, you will get the right figure and avoid legal challenges or confrontation with the law.




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