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CRA Income requirement

kamransagri

Full Member
Jan 15, 2019
41
1
Hi ,

is there any substitute to qualify for the CRA Income requirement, in perspective of "Family Class Sponsorship".

Like if I have worked in Australia, can I submit my income tax returns from Australia ?

any one have come across any alternatives ?

Thanks
 

scylla

VIP Member
Jun 8, 2010
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Toronto
Category........
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Job Offer........
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App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi ,

is there any substitute to qualify for the CRA Income requirement, in perspective of "Family Class Sponsorship".

Like if I have worked in Australia, can I submit my income tax returns from Australia ?

any one have come across any alternatives ?

Thanks
Who are you trying to sponsor?
 

nayr69sg

Champion Member
Apr 13, 2017
1,571
679
Hi ,

is there any substitute to qualify for the CRA Income requirement, in perspective of "Family Class Sponsorship".

Like if I have worked in Australia, can I submit my income tax returns from Australia ?

any one have come across any alternatives ?

Thanks

https://www.canadavisa.com/canada-immigration-discussion-board/threads/pgp-2020.646383/page-40#post-8431853

They require your CRA tax return/NOA. Line 150 amounts for LICO.

Line 150 most certainly has something to do with residency, as it only includes income earned while you are a tax resident of Canada. Income earned while not a tax resident of Canada, such as your Australia income, is not taxable and therefore not included in line 150

So unless you filed taxes with CRA for years 2017 2017 and 2019 as a tax resident in Canada even though your income was earned overseas then you will qualify. And pay the Canadian tax rates from abroad.

Logically nobody would do that unless they had planned 3 years in advance for this despite not even being in Canada.

Also as a PR you would need to be in Canada for 730 days out of 5 years. Meaning you would have had to plan this right from the outset when you got your PR.

Did you do this?
 
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kamransagri

Full Member
Jan 15, 2019
41
1
Hi ,

Thanks for the detailed info.I got PR in Oct 2018, and planning to permanently come Canada in Apr 2021.

Can I file an income tax return for the last year 2019 and this year 2020 while being in Australia ?

if I am paying taxes here , would I have to pay taxes in Canada as well or only the differential if Canada taxes are higher than Australia ?

Thanks.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
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Visa Office......
London
App. Filed.......
06/12
Hi ,

Thanks for the detailed info.I got PR in Oct 2018, and planning to permanently come Canada in Apr 2021.

Can I file an income tax return for the last year 2019 and this year 2020 while being in Australia ?

if I am paying taxes here , would I have to pay taxes in Canada as well or only the differential if Canada taxes are higher than Australia ?

Thanks.
You can't file tax returns in Canada when you aren't actually a tax resident. This is not a method to get around the LICO requirement to sponsor parents.
 

Copingwithlife

VIP Member
Jul 29, 2018
4,493
2,261
Earth
Hi ,

Thanks for the detailed info.I got PR in Oct 2018, and planning to permanently come Canada in Apr 2021.

Can I file an income tax return for the last year 2019 and this year 2020 while being in Australia ?

if I am paying taxes here , would I have to pay taxes in Canada as well or only the differential if Canada taxes are higher than Australia ?

Thanks.
The things people think
You haven't lived here And per your earlier post you want to delay moving to Canada, to the very latest AS POSSIBLE
https://www.canadavisa.com/canada-immigration-discussion-board/threads/how-to-interpret-residency-obligation.610755/#post-7576147

One of the benefits of actually living in Canada, is the possibility of sponsorship, parents grandparents, and yes, you ACTUALLY have to live in this country TWO years out of FIVE
And now looking at avenues to circumvent LICO
Btw, you do know that the PGP isn't guaranteed, right ?
 
Last edited:

nayr69sg

Champion Member
Apr 13, 2017
1,571
679
https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/individuals-leaving-entering-canada-non-residents/factual-residents-temporarily-outside-canada.html

You are a factual resident of Canada for tax purposes if you keep significant residential ties in Canada while living or travelling outside the country.

The term factual resident means that, although you left Canada, you are still considered to be a resident of Canada for income tax purposes.

Situations where you could be considered a factual resident
You may be considered a factual resident of Canada if you are:

  • working temporarily outside Canada
  • teaching or attending school in another country
  • commuting (going back and forth daily or weekly) from Canada to your place of work in the United States (U.S.)
  • vacationing outside Canada
  • spending part of the year in the U.S., for example, for health reasons or on vacation
 
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kamransagri

Full Member
Jan 15, 2019
41
1
The things people think
You haven't lived here And per your earlier post you want to delay moving to Canada, to the very latest AS POSSIBLE
https://www.canadavisa.com/canada-immigration-discussion-board/threads/how-to-interpret-residency-obligation.610755/#post-7576147

One of the benefits of actually living in Canada, is the possibility of sponsorship, parents grandparents, and yes, you ACTUALLY have to live in this country TWO years out of FIVE
And now looking at avenues to circumvent LICO
Btw, you do know that the PGP isn't guaranteed, right ?

Thanks for the info, yes I know it is not guaranteed.
 

kamransagri

Full Member
Jan 15, 2019
41
1
https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/individuals-leaving-entering-canada-non-residents/factual-residents-temporarily-outside-canada.html

You are a factual resident of Canada for tax purposes if you keep significant residential ties in Canada while living or travelling outside the country.

The term factual resident means that, although you left Canada, you are still considered to be a resident of Canada for income tax purposes.

Situations where you could be considered a factual resident
You may be considered a factual resident of Canada if you are:

  • working temporarily outside Canada
  • teaching or attending school in another country
  • commuting (going back and forth daily or weekly) from Canada to your place of work in the United States (U.S.)
  • vacationing outside Canada
  • spending part of the year in the U.S., for example, for health reasons or on vacation
Hi

Thanks for the detailed info, very useful indeed. Let me thoroughly read it , seems like my situation may fit into secondary residential ties.

Appreciate your help.
 
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YVR123

VIP Member
Jul 27, 2017
7,436
2,903
Hi

Thanks for the detailed info, very useful indeed. Let me thoroughly read it , seems like my situation may fit into secondary residential ties.

Appreciate your help.
May be your wife and children have already moved and live in Canada.

But if you only did a soft landing and went back to work at your current job, you are not "working temporarily outside Canada".

And for secondary residential ties, you will need multiple to build around your case.

Secondary residential ties
1.14 Generally, secondary residential ties must be looked at collectively in order to evaluate the significance of any one such tie. For this reason, it would be unusual for a single secondary residential tie with Canada to be sufficient on its own to lead to a determination that an individual is factually resident in Canada while abroad.

You can check with CRA.
 
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nayr69sg

Champion Member
Apr 13, 2017
1,571
679
May be your wife and children have already moved and live in Canada.

But if you only did a soft landing and went back to work at your current job, you are not "working temporarily outside Canada".

And for secondary residential ties, you will need multiple to build around your case.

Secondary residential ties
1.14 Generally, secondary residential ties must be looked at collectively in order to evaluate the significance of any one such tie. For this reason, it would be unusual for a single secondary residential tie with Canada to be sufficient on its own to lead to a determination that an individual is factually resident in Canada while abroad.

You can check with CRA.
https://www.canada.ca/en/revenue-agency/services/tax/technical-information/income-tax/income-tax-folios-index/series-5-international-residency/folio-1-residency/income-tax-folio-s5-f1-c1-determining-individual-s-residence-status.html

Residential ties in Canada
1.10 The most important factor to be considered in determining whether an individual leaving Canada remains resident in Canada for tax purposes is whether the individual maintains residential ties with Canada while abroad. While the residence status of an individual can only be determined on a case by case basis after taking into consideration all of the relevant facts, generally, unless an individual severs all significant residential ties with Canada upon leaving Canada, the individual will continue to be a factual resident of Canada and subject to Canadian tax on his or her worldwide income.

Significant residential ties
1.11 The residential ties of an individual that will almost always be significant residential ties for the purpose of determining residence status are the individual's:

  • dwelling place (or places);
  • spouse or common-law partner; and
  • dependants.
1.12 Where an individual who leaves Canada keeps a dwelling place in Canada (whether owned or leased), available for his or her occupation, that dwelling place will be considered to be a significant residential tie with Canada during the individual's stay abroad. However, if an individual leases a dwelling place located in Canada to a third party on arm's-length terms and conditions, the CRA will take into account all of the circumstances of the situation (including the relationship between the individual and the third party, the real estate market at the time of the individual's departure from Canada, and the purpose of the stay abroad), and may consider the dwelling place not to be a significant residential tie with Canada except when taken together with other residential ties (see ¶1.26 for an example of this situation and see ¶1.15 for a discussion of the significance of secondary residential ties).

1.13 If an individual who is married or cohabiting with a common-law partner leaves Canada, but his or her spouse or common-law partner remains in Canada, then that spouse or common-law partner will usually be a significant residential tie with Canada during the individual's absence from Canada. Similarly, if an individual with dependants leaves Canada, but his or her dependants remain behind, then those dependants will usually be considered to be a significant residential tie with Canada while the individual is abroad. Where an individual was living separate and apart from his or her spouse or common-law partner prior to leaving Canada, by reason of a breakdown of their marriage or common-law partnership, that spouse or common-law partner will not be considered to be a significant tie with Canada.

Secondary residential ties
1.14 Generally, secondary residential ties must be looked at collectively in order to evaluate the significance of any one such tie. For this reason, it would be unusual for a single secondary residential tie with Canada to be sufficient on its own to lead to a determination that an individual is factually resident in Canada while abroad. Secondary residential ties that will be taken into account in determining the residence status of an individual while outside Canada are:

  • personal property in Canada (such as furniture, clothing, automobiles, and recreational vehicles);
  • social ties with Canada (such as memberships in Canadian recreational or religious organizations);
  • economic ties with Canada (such as employment with a Canadian employer and active involvement in a Canadian business, and Canadian bank accounts, retirement savings plans, credit cards, and securities accounts);
  • landed immigrant status or appropriate work permits in Canada;
  • hospitalization and medical insurance coverage from a province or territory of Canada;
  • a driver's license from a province or territory of Canada;
  • a vehicle registered in a province or territory of Canada;
  • a seasonal dwelling place in Canada or a leased dwelling place referred to in ¶1.12;
  • a Canadian passport; and
  • memberships in Canadian unions or professional organizations.
Other residential ties
1.15 Other residential ties that the Courts have considered in determining the residence status of an individual while outside Canada, and which may be taken into account by the CRA, include the retention of a Canadian mailing address, post office box, or safety deposit box, personal stationery (including business cards) showing a Canadian address, telephone listings in Canada, and local (Canadian) newspaper and magazine subscriptions. These residential ties are generally of limited importance except when taken together with other residential ties, or with other factors such as those described in ¶1.16.


The wording seems a bit different when you approach it from the point of view that you WANT to be considered a Canadian Tax resident, compared to when you DO NOT WANT to be considered a Canadian Tax Resident.

Generally I think CRA would be more than happy to collect taxes for someone who wants to pay the taxes.
 
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