Inland spousal sponsorship since 14 months and now departure order

[armoured]

If he is living abroad full time his employer should be paying him as a resident of Sweden which will have payroll implications.

I know you like playing the role of hairshirt, but are you really confident that this is true? That he would be paid as a 'resident of Sweden'?

Pretty sure they'd just pay him as (tax) resident of Canada and the rest would be for him to work out. As far as I'm aware almost always payroll deductions done as if resident of Canada for wage work, with bias to keeping the withholding (income) tax rate at the higher level, and any refunds/etc worked out later.

That said, not a payroll expert.

 

[canuck78]

I know you like playing the role of hairshirt, but are you really confident that this is true? That he would be paid as a 'resident of Sweden'?

Pretty sure they'd just pay him as (tax) resident of Canada and the rest would be for him to work out. As far as I'm aware almost always payroll deductions done as if resident of Canada for wage work, with bias to keeping the withholding (income) tax rate at the higher level, and any refunds/etc worked out later.

That said, not a payroll expert.

It is partially dependent on treaties with Sweden. The individual is still a non-resident of Canada so payroll would be different than residents of Canada. Not saying that they need to be paid like a Swedish citizen. It appears as though the individual is acting as though they are a resident of Canada while living full-time in Sweden. I would imagine there is a good chance they are listing their rental property as their address. No matter what CRA needs to be informed when you become a non-resident and if you move to Sweden and rent out your house you are no longer a resident of Sweden. It is actually in their best interest because these are the types of cases when there is eventually a reassessment you can owe CRA money.

 

[whozarm]

I know you like playing the role of hairshirt, but are you really confident that this is true? That he would be paid as a 'resident of Sweden'?

Pretty sure they'd just pay him as (tax) resident of Canada and the rest would be for him to work out. As far as I'm aware almost always payroll deductions done as if resident of Canada for wage work, with bias to keeping the withholding (income) tax rate at the higher level, and any refunds/etc worked out later.

That said, not a payroll expert.

I work in payroll, what you’ve stated is correct. In simple terms, the employee is taxed based on the province the company is based in that the employee is employed at. For example, if an employee works for a company based out of BC but resides in AB, they would fall under BC taxation.

If they’re working for a Canadian company based out of BC remotely in Sweden, it’s possible that Canadian taxes are still applicable.

 

[armoured]

If they’re working for a Canadian company based out of BC remotely in Sweden, it’s possible that Canadian taxes are still applicable.

Yes, my point is - to extent I'm aware - Canadian employer would keep doing everything as normal in most cases. I.e. withhold taxes as if the employee is local. For places where Canada has a dual-tax treaty, and I presume this is the case for Sweden, that person would deduct from their swedish taxes what they've already paid in Canada. There is more detail for specific cases and ways to adjust witholdings but the idea that a Canadian employer would have to or even know how to "pay the employee as a resident of Sweden" is absurd.

Canuck78's position seems to be that Everyone Is Doing it Wrong and should wear a hairshirt, even where no actual knowledge is imparted.

 

[Hadysaade]

That explains why she has received the letter from CBSA. It sounds like she may in fact be Removal Ready, since she lost the appeal 3 years ago.

Good luck!

Hello
We are having the interview in 3 days. How can we ask for PRRA to buy time in case there is a removal ready? We are from Lebanon. I heard that PRRA decision might take up to 6 months.
Thanks

 

[canadian416]

Yes, my point is - to extent I'm aware - Canadian employer would keep doing everything as normal in most cases. I.e. withhold taxes as if the employee is local. For places where Canada has a dual-tax treaty, and I presume this is the case for Sweden, that person would deduct from their swedish taxes what they've already paid in Canada. There is more detail for specific cases and ways to adjust witholdings but the idea that a Canadian employer would have to or even know how to "pay the employee as a resident of Sweden" is absurd.

Canuck78's position seems to be that Everyone Is Doing it Wrong and should wear a hairshirt, even where no actual knowledge is imparted.

There is nothing to deduct from Swedish taxes as he has zero income gained in Sweden.

He is just a 60 year old man working for the same company for many years He just works remote in Sweden for the past couple years. That's all.

All his income taxes deducted and paid to federal and provincial government according to his annual income.

 

[canadian416]

It is partially dependent on treaties with Sweden. The individual is still a non-resident of Canada so payroll would be different than residents of Canada. Not saying that they need to be paid like a Swedish citizen. It appears as though the individual is acting as though they are a resident of Canada while living full-time in Sweden. I would imagine there is a good chance they are listing their rental property as their address. No matter what CRA needs to be informed when you become a non-resident and if you move to Sweden and rent out your house you are no longer a resident of Sweden. It is actually in their best interest because these are the types of cases when there is eventually a reassessment you can owe CRA money.

Well they still come and live here for a few months.

I think he is a resident of Canada as he still has strong ties to here.

 

[armoured]

There is nothing to deduct from Swedish taxes as he has zero income gained in Sweden.

He is just a 60 year old man working for the same company for many years He just works remote in Sweden for the past couple years. That's all.

All his income taxes deducted and paid to federal and provincial government according to his annual income.

I have no opinion on whether he owes Swedish taxes or not. But I repeat exactly what I would say if the situation were reversed: you should absolutely NOT assume that because you are living in a country and working remotely that you do not owe local taxes.

That depends on local tax laws and regulations. Which he should chheck.

And if the situation were reversed - someone normally resident in Canada whose employer just happens to be in Sweden or South Africa or anywhere really - you certainly would be liable for taxes in Canada.

(If I'm not mistaken about tax treaties, the additional taxes to be paid in either case might not be be significant and possibly zero if taxes already paid in the other country exceed taxes due. But if tax rates are very different, it could be significant.)

 

[canuck78]

Well they still come and live here for a few months.

I think he is a resident of Canada as he still has strong ties to here.

That means nothing. He needs to speak to CRA about his residency and tax residency status and speak to an accountant about potential tax liabilities in Sweden and whether he can actually dined that much time and work in Sweden if he doesn’t have a WP. Much better to be upfront versus CRA discovering that you have not been upfront for many years. CRA is the only one who can tell his tax residency status and if he is spending the majority of their time in Sweden they aren’t residents of Canada.

 

[Copingwithlife]

Well they still come and live here for a few months.

I think he is a resident of Canada as he still has strong ties to here.

That’s irrelevant
Only the CRA can make that determination. They have to file a NR73 or NR7. People assume they are residents but aren’t , and vice versa

 

[Hadysaade]

Hello
We are having the interview in 3 days. How can we ask for PRRA to buy time in case there is a removal ready? We are from Lebanon. I heard that PRRA decision might take up to 6 months.
Thanks

Kindly note that we went to the interview last week. They updated our information and handed us the PRRA application that we agreed to apply for. We are gathering the information and filling up the application and will be submitting it in the upcoming couple of days hope this will buy us enough time to receive the PR through our SPN application.
Regards

 

[Gill$&@]

Kindly note that we went to the interview last week. They updated our information and handed us the PRRA application that we agreed to apply for. We are gathering the information and filling up the application and will be submitting it in the upcoming couple of days hope this will buy us enough time to receive the PR through our SPN application.
Regards

Any update pls

 

[Hadysaade]

Every case is different when it comes to PRRA, Just relax and go to the interview, hopefully all will go just fine.
We haven't heard from the CBSA for the PRRA, but two weeks ago we got the eCOPR after 23 months since we applied, now we need to go to the CBSA and advise them so we can take the passport back.
Good luck