Sunday, January 1, 2017

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.

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.

The presence of taxation treaties minimizes the chances of double taxation. CRA evaluates your activities elsewhere to determine how much should be paid in Canada. All income earned globally must be reported. The duty to make deductions lies with CRA. Dividends, royalties and interests are subjected to different rules to enable you retain the largest chunk. There also are foreign tax credits to avoid double taxation.

What do you do with moving charges? If your move commences or ends in Canada, you are not entitled to deductions. However, residents of Canada before and after the move will enjoy the deductions. It is worth noting that CRA revises rules and applies them on individual basis. It therefore helps to fully understand your status to take full advantage and avoid penalties or brushes with the law.




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