Saturday, January 7, 2017

Summary Canadian Tax Advice For Non-Resident Investors

By Gregory Roberts


The work of collecting taxes in all jurisdictions around the world rests with revenue authorities. It is rare that such authorities collect taxes or returns from persons living outside their countries unless they have investment interests. In Canada, non-residents have obligations based on their status. Here is Canadian tax advice for non-resident investors according to a taxation expert.

Clarify all details about your residency. Residents are not necessarily those staying in Canada. Persons with ties like businesses, profession, financial, etc are regarded as residents and thus have an obligation to pay taxes. It is by understanding and clarifying your status that you know how much you are supposed to pay and when. Canada has very favorable regulations and provisions that favor non-residents with the aim of eliminating the possibility of double taxation.

If you routinely live in another country where your status is resident, you most likely will be regarded as a non-resident. This puts you in a bracket of persons with obligations because they have strong or weak ties with Canadians. In case you own a home in Canada, have dependents or people under common law in Canada, you are required to pay taxes. If your spouse lives in Canada, you may be eligible to pay taxes especially if you visit the country regularly.

There are weak ties that are only considered if the strong ones are inapplicable. These ties are considered individually. Some of the most common ties include possession of documents like driving license, health insurance card and Canadian passport. Being a member of a religious organization like a church or joining a sports club will affect your residency status. These ties may be regarded as weak but they affect your obligation.

Income that is generated by Canadian sources is taxed. In most cases, the taxes are deducted at the source. This leaves you with the obligation of declaring the income. This means that you must have declared your status to the entity making the deduction. The most common rate is 25 percent. There are treaties that would allow for lower rates. Consult a specialist to fully know your obligations.

Elective filing is a provision made by CRA based on treaties signed with resident or citizenship countries. The provisions of this filing are captured in Part XIII where the amounts deductible are stipulated. The monies deducted are non-refundable. Regardless of the treaties signed, timber royalties, rental income and pension are all taxed, albeit at a reasonable rate to reduce chances of double taxation.

Persons employed by the government or governmental organizations like embassies are either deemed or factual residents. The determination whether you are factual or deemed resident depends on the ties already cultivated. For instance, a soldier who is stationed abroad but has a house in Canada has factual residency status. A comrade of his who sold his house before leaving has deemed residency. The obligations of the two soldiers will differ despite both being employees of the same government.

American citizens living or working in Canada are required to pay taxes on all monies coming from their investments or professional engagements. The two governments have signed treaties to prevent double taxation. Waivers are provided for withheld taxes depending on individual circumstance. Even Canadians working for American companies in US have to make declarations and pay specific taxes.




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