Unique tax situation-worked both in US and canada in 2019

[spacegirl]

Hi i checked all over but couldn’t find an answer. Hoping someone can help.

My spouse and I landed in canada first time in jan 2019. My spouse stayed for 2 weeks and returned to the US to continue his work. He is on H1b . I continued staying in canada and started working until end of May 2019( stayed for a total of 130 days ) after which I too returned to the US and got a different job there and worked the rest of 2019. We do intend to return to Canada in 2022 permanently. We do not own a house, or have driver’s licenses in canada. I did not apply for health card while I was there. I have a bank account that i have kept active with some savings. My spouse doesnt have a bank account in canada.

now the questions I have are:

1- I assume my spouse doesn’t have to file taxes as he didnt work in canada in 2019 and was in canada for a total of 20 days. Is that correct?


2- Do I need to file taxes in canada as I lived less than 183 days but I did work and earn income in canada. So I’m confused. We do have an intention to return to Canada eventually.

 

[jclarke99]

Hi i checked all over but couldn’t find an answer. Hoping someone can help.

My spouse and I landed in canada first time in jan 2019. My spouse stayed for 2 weeks and returned to the US to continue his work. He is on H1b . I continued staying in canada and started working until end of May 2019( stayed for a total of 130 days ) after which I too returned to the US and got a different job there and worked the rest of 2019. We do intend to return to Canada in 2022 permanently. We do not own a house, or have driver’s licenses in canada. I did not apply for health card while I was there. I have a bank account that i have kept active with some savings. My spouse doesnt have a bank account in canada.

now the questions I have are:

1- I assume my spouse doesn’t have to file taxes as he didnt work in canada in 2019 and was in canada for a total of 20 days. Is that correct?


2- Do I need to file taxes in canada as I lived less than 183 days but I did work and earn income in canada. So I’m confused. We do have an intention to return to Canada eventually.

I'm not convinced that the "less than 183 days" is the biggest factor. I think that the only ones that can answer your question for sure are CRA given the following...

"An individual's residency status is determined on a case by case basis and the individual's whole situation and all the relevant facts must be considered."

You can read more in this link...

https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/information-been-moved/determining-your-residency-status.html

 

[javeds]

If you earned income in Canada, you have to file taxes PERIOD. If you din't meet the min residency you can file as a non-resident or as a resident based on what is advantageous to your tax situation.

 

[YVR123]

You for sure need to file tax in Canada. And Likely will need to file that income in your US tax return as well.