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Monday, January 9, 2017

By Gregory Roberts


Revenue authorities are tasked with collecting taxes on behalf of governments allover the world. There are provisions dictating the persons to be taxed and the percentages regardless of citizenship. Canada has a unique system where non-residents with ties and interests have obligations to pay certain taxes. Experts have given Canadian tax advice for non-resident investors to make filing easier and help them avoid conflicts with the law.

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.

People with citizenships of other countries but constantly visit Canada might be regarded as non-residents. This means that your ties with Canada are either strong or weak depending on individual cases. For instance, owning a residential home, having a dependent or a spouse under common law will have you branded as a resident. Having a Canadian spouse may heap on you certain obligations.

There are weak ties that may not appear binding but will affect your status. These ties are considered on a case-by-case basis, meaning that one person may be taxed for owning a vehicle while another is exempted. The ties include ownership of properties such as a car, having social ties like membership to a recreation facility like a golf or sports club, being a registered member of a religious group or possessing such documents as driving license, health insurance card, passport, etc.

You are required to pay taxes on all monies emanating from salaries or investments in Canada. In most cases, employers will deduct and remit the money directly. Your responsibility will be to clarify the status to your employer, ensure that the right amounts are deducted and file returns. The taxation percentage for most foreigners is 25 percent unless there are special circumstances. It helps to consult an expert in order to avoid legal battles with CRA over non-remittance of taxes.

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.

Employees of the government working within or outside Canada must pay requisite taxes. Their status is either factual or deemed residency, each with specific obligations. For example two solders employed by the government and living abroad have different obligations if one has a house in Canada while the other sold his before departing on mission.

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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