Phil Hogan is a Canadian and US CPA working with clients throughout Canada and the US. Phil advises on cross border tax and financial planning matters. Phil can be reached at phil@beaconhillwm.ca or via telephone at 778.433.1314. You can also read more about Phil at www.Beaconhillwm.ca/team/about-phil/
Left Canada and moved to US – Deemed Disposition Rules
Question
I left Canada (XXXXXX) about 9 years ago (in XX) and moved to California, where I now live. When I left Canada, I filed my Cdn taxes for the last year I resided in Canada (I’m not sure if my last Cdn return included US income from late Oct-Dec 31 of the year I left Cda/arrived in the US) and I did not file anything else. I now understand that Canadians cutting residential ties and moving to the US need to file something with the Canada Revenue Agency?
I have not earned any Canadian source income since leaving Cda and thus have not filed a Cdn tax return since leaving. When I left Canada I believe that I had no assets that fall under the deemed disposition rule. To confirm, the deemed disposition rule EXCLUDES residential real estate and cars. I’m concerned because I may not have filed any required tax paperwork with the Canada Revenue Agency when I left Canada. I owned residential real estate in Ontario as a joint owner when I left Cda, and continue to do so (one piece of property).
Currently, I have US (California) employment income, as well as a US (California) single member LLC. I’m thinking of doing some independent contractor work for a Canadian company (located in Ontario) and that’s why I’m contacting you. If I file a future Cdn tax return for my Canadian independent contractor work income as a non-resident of Canada, will the Canada Revenue Agency look up my “file” and ask about why I didn’t file required paperwork when I left Canada (if any)? Is there a minimum amount of Cdn income that I need to hit before I’m required to file a Cdn tax return?
Please let me know what you think…thank you very much!
Yours truly,
XX
Answer
XX
You should be ok as long as you filed a final return with CRA when you left and included a “departure date” on your final return.
Has the Ontario property been earning any rental income since you left? If so I hope you’ve been filing s.216 returns.
Give me a call and we can chat for a few minutes about your tax situation.
Regards
Phil
Phil Hogan, CA
250-661-9417
This commentary reflects the personal opinions, viewpoints and analyses of the Beacon Hill Wealth Management Ltd. partner providing such comments, and should not be regarded as a description of advisory services provided by Beacon Hill Wealth Management Ltd. or performance returns of any Beacon Hill Wealth Management Ltd. client. The views reflected in the commentary are subject to change at any time without notice. Nothing in this commentary constitutes investment advice, performance data or any recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. Any mention of a particular security and related performance data is not a recommendation to buy or sell that security. Beacon Hill Wealth Management Ltd. manages its clients’ accounts using a variety of investment techniques and strategies, which are not necessarily discussed in the commentary. Investments in securities involve the risk of loss. Past performance is no guarantee of future results. Any discussion about taxation is for educational purposes only and should not be viewed as professional advice. Consult your tax professional for tax advice on your particular situation.
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