Wednesday, 4 January 2017

Comprehensive Canadian Tax Advice For Non-Resident Investors

By Gregory Roberts


Globally, revenue authorities are tasked with collecting taxes from people residing in particular countries. However, Canada has an authority tasked with collecting taxes from non-residents depending on particular circumstances. Failure to pay these taxes will lead to penalties that may include a jail term. It is therefore important to heed to Canadian tax advice for non-resident investors as given by professionals.

It is safer to have a clear residency status. It is not mandatory that you stay in Canada to have taxation obligations. Ties of financial, investment, professional, etc nature mean that you have to pay taxes. The amount you are supposed to pay depends on the nature of these attachments. The regulations are very favorable to non-residents and are negotiated by countries to avoid 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.

Your status may also be affected by weak ties that are seemingly not binding. The authority considers the ties on individual bases since they are regarded as weak and can only be used where the strong ones do not apply. The ties include membership to social amenities like sport clubs and churches, owning a property like a car and possession of documents like health insurance card, passport or driving license.

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.

There is a provision for elective filing of returns. It mainly affects persons whose countries of residency have treaties with Canada. The provision is regarded as Part xiii and the amounts deducted are non-refundable. Some of the income sources that must be taxed include pension, timber royalties, rental income, etc.

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.

For an American citizen working in Canada, your obligations are on income coming from work or investment in Canada. This is because of a treaty signed with the American government. There is a provision for waiver of withheld taxes under certain circumstances. Canadians employed by American companies are also affected by the treaty especially if they live in America.




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