Am i still a resident of Canada?

[swervetech69]

I have been living in Taiwan for 5 years and want to come back to Canada with my wife. I will apply to sponsor her from Canada while she stays in Taiwan. When i left Canada i never declared that im not a resident, i just left. I paid taxes in Taiwan but not in Canada during this time. Will i have a problem when i get back with sponsoring my wife? Ive heard rumors i may but cant find any evidence. I have been accepted into a grad program in Canada and paid tuition if that helps prove anything.

 

[pinklady]

Are you a Canadian citizen? If so, you know you can stay with your wife in Taiwan until she recieves the PR?
You will need to submit proof of paying the taxes in Taiwan, but you shouldn't have a problem no.
The grad program acceptance could be used as proof of your plans to reestablish in canada, but since you're returning before you start the sponsorship then it doesnt matter.

 

[swervetech69]

yes im a citizen, but i wont apply from taiwan, ill apply once i get back to canada

 

[pinklady]

You should apply as soon as you're ready to.
Good luck!

 

[adeelad]

yes im a citizen, but i wont apply from taiwan, ill apply once i get back to canada

No, you may apply where ever you are if u r the canadian Citizen.
;D

 

[justina]

If you ever filed taxes declaring yourself a non-resident, then when you return to Canada you state that you are moving home and get a stamp in your passport. At least I did.

Not sure what happens if you never declared yourself non-resident and never filed taxes in Canada for the last year you spent in Canada. You will likely have to file taxes for one of those years stating you were non-resident, and if you come back during a tax year, you will have to declare your world income to Revenue Canada if you want to try to collect GST rebates etc for that year.

 

[canadianwoman]

I have been living in Taiwan for 5 years and want to come back to Canada with my wife. I will apply to sponsor her from Canada while she stays in Taiwan. When i left Canada i never declared that im not a resident, i just left. I paid taxes in Taiwan but not in Canada during this time. Will i have a problem when i get back with sponsoring my wife? Ive heard rumors i may but cant find any evidence. I have been accepted into a grad program in Canada and paid tuition if that helps prove anything.

You won't have any problems. You are a Canadian citizen, so can sponsor her from Taiwan or once you've returned to Canada. CIC won't report you to the tax authorities.

 

[toby]

The only issue for you is your Canadian tax status while you were in Taiwan. If you had no major financial ties with Canada (no home, no wife or children living in Canada, and you did not spend 183+ days in a calendar year in Canada), you should have no difficulty explaining to CRA (in a cover letter to your next tax return) why you did not file tax returns in Canada for those five years.

I don’t know that showing Taiwan tax returns is necessary, but they would certainly be convincing proof that you were residing out of Canada, and had superior financial ties to Taiwan. There are other proofs too.

It’s too bad you did not declare yourself a non-taxpayer in your tax return 5 years ago, but the fact that you were residing in Taiwan cannot be disputed, so you’re OK. The worst case is if CRA insists you were a Canadian taxpayer all that time. Research whether there is a tax treaty between Canada and Taiwan, and then calculate the taxes you would have had to pay Canada on your Taiwan and worldwide income. Then subtract the taxes you did pay. If there is any debt left, that’s what you’d have to pay Canada.

But again, no reasonable interpretation of the Tax Act would deem you a Canadian taxpayer fr those years.