Sunday, January 1, 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.

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.

Weaker ties will also affect the amount you are required to pay. They are considered if stronger or major ties are impossible to apply or are divided. What is considered as weaker ties includes possession of vehicles, furniture and cloths among other personal properties, availability of social links like being a member to a club or church and economic ties in the form of bank accounts, investments and credit cards. There are personal ties like driving licenses, voting rights, healthcare and non-dependent relations.

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.

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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