Ch.2 liab for tax Flashcards
Primary residential ties
Dwelling place in Canada maintained for the taxpayer’s use
Spouse or common-law partner of taxpayer
Dependants of taxpayer
Secondary residential ties
Personal property kept in Canada
Social ties
Economic ties
Other ties = social dwelling, canadian passport,
Deemed residents
Deemed residents of Canada are taxed in Canada for the full calendar year on their worldwide income. The following taxpayers are the most common types of deemed residents of Canada:
• an individual who sojourns in Canada for a total of 183 days or more in the year (for the purposes of this rule, part days are considered full days)
• a member of the Canadian armed forces
• an ambassador, minister, high commissioner, officer or servant of Canada or a province, if the individual was resident in Canada prior to his or her appointment
Date of becoming a non-resident
The date the individual is considered to have become a non-resident is considered by the CRA to be the later of:
• the date the individual leaves Canada
• the date the individual’s spouse and/or dependants leave Canada
• the date the individual becomes a resident of the new country he or she has emigrated to
Taxation of non-residents
To the extent that a non-resident:
• was employed in Canada (physically held a job in Canada),
• carried on business in Canada at a permanent location in Canada, or
• disposed of taxable Canadian property
Deemed resident of Canada - corp
- The corporation was incorporated in Canada after April 26, 1965.
- The corporation was incorporated in Canada before April 27, 1965, and it either carried on business in Canada or was resident under common law at any time after April 26, 1965.