+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Living in Toronto

alx1221

Newbie
May 11, 2013
3
0
I am a USA citizen and would like to purchase a condo in Toronto to spend the weekends... 3-4 days a week and then return to work in the USA. Would anyone have insight into how the days allowed in Canada per year are calculated ?
 

amikety

VIP Member
Dec 4, 2011
4,905
143
Calgary
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
15-01-2013
AOR Received.
2-2-2013
Med's Done....
12-10-2012
Passport Req..
9-07-2013
VISA ISSUED...
7-08-2013
LANDED..........
7-08-2013
It doesn't matter. You can remain in Canada indefinitely as long as you maintain status.

Your problem will be frequent crossing and owning property in Canada. You'll need to convince the IO each time you cross that you don't plan to live in Canada permanently and/or work illegally.

Also, if you're in Canada more then 183 days, you're considered a tax resident no matter what your status is. I'm also a visitor and my husband had to declare me because I spent all of 2012 in Canada on visitor status.

You may want to consider getting a NEXUS card if you don't already have one.

Most of the experiences I'm knowledgeable about are frequent trips to Canada because of a relationship between an American and Canadian. A spouse in Canada is a "tie" to Canada, just like having property is. Most of the time it goes okay, but Americans do get rejected from time to time.
 

alx1221

Newbie
May 11, 2013
3
0
Thanks for the response. So maybe it would be easier to rent and show proof of a owned LLC in the states. Is the183 days per calendar year?
 

amikety

VIP Member
Dec 4, 2011
4,905
143
Calgary
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
15-01-2013
AOR Received.
2-2-2013
Med's Done....
12-10-2012
Passport Req..
9-07-2013
VISA ISSUED...
7-08-2013
LANDED..........
7-08-2013
I'm pretty sure it's by calendar year. I had to call CRA (Canada Revenue) and the agent counted days with me during the calendar year.

You don't necessarily have to rent it out. Bringing proof you need to return to the USA, however, may help make the bumps easier. If you own property in the US, bring copies of the title/mortage, etc. You can bring proof of your business as well. It will help moreso if it's a brick and mortar and/or service business that you have to be at - can't be done remotely - but not a death sentence if you can work remotely.

Other things the IO may consider for ties - your travel history (if you leave Canada within your alloted time, it's a plus. No date on passport stamp = 6 months. Date = ...the date... :D) and family back in the USA (especially dependants). They will also like to see you have sufficent funds for your stay - you can bring bank statements, credit card statements, show them the credit card. Once I even offered to call my bank at customs and let the officer hear my balance (I don't think he liked that very much though...).

Also renting it out will create revenue in Canada - and there's CRA again :) Plus you've made income in a foreign country. IRS loves that.
 

AAL1984

Hero Member
Nov 1, 2011
311
35
Category........
Visa Office......
Vegreville Alberta
Job Offer........
Pre-Assessed..
App. Filed.......
22-08-2011
LANDED..........
Nov 2012
It's fine 99.99% of the time no US citizen will stay in Canada illegally and they knw that.

You can stay 6 months in any 1 year period.

You can buy if you want to, just carry these 3 things

1)A rental agreement or properly ownership title from US
2)A letter from your employer stating you work in the US, or if self employed carry copies of IRS tax transcripts
3)Proof of funds, cash, credit cards , bank statements

Just keep these things in a file with you as you cross border. Most of
the time no one will ever ask to see them, if
they do you are well prepared.



Really it's not a big deal for Americans crossing into Canada as long as they have a job and a place to live back home plus no criminal record.



In terms of CRA you don't have to file anything just ignore that because your not working in Canada nor do you have any intention to, they won't ever ask. If you start renting out your propery than that's a diff story.
 

scylla

VIP Member
Jun 8, 2010
96,888
22,859
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
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
If you're thinking of renting in the downtown area, your search might take a while. Make sure you build that into your plans. Rental are in short supply right now. It also tends to be more difficult to rent if you aren't a Canadian citizen or PR since you don't have a job in Canada, Canadian references or a credit rating in Canada. Good luck!
 

amikety

VIP Member
Dec 4, 2011
4,905
143
Calgary
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
15-01-2013
AOR Received.
2-2-2013
Med's Done....
12-10-2012
Passport Req..
9-07-2013
VISA ISSUED...
7-08-2013
LANDED..........
7-08-2013
AAL1984 said:
It's fine 99.99% of the time no US citizen will stay in Canada illegally and they knw that.

You can stay 6 months in any 1 year period.
You can buy if you want to, just carry these 3 things

1)A rental agreement or properly ownership title from US
2)A letter from your employer stating you work in the US, or if self employed carry copies of IRS tax transcripts
3)Proof of funds, cash, credit cards , bank statements

Just keep these things in a file with you as you cross border. Most of
the time no one will ever ask to see them, if
they do you are well prepared.



Really it's not a big deal for Americans crossing into Canada as long as they have a job and a place to live back home plus no criminal record.



In terms of CRA you don't have to file anything just ignore that because your not working in Canada nor do you have any intention to, they won't ever ask. If you start renting out your propery than that's a diff story.
That is wrong.

OP clearly indicated he's self employed as well. (LLC is a type of company arrangement in the USA.)

He could decide not to file with CRA and would probably never get caught - but there's a chance he could. It's easier to just avoid meeting the 183 day goal.
 

alx1221

Newbie
May 11, 2013
3
0
Thanks. I was implying that renting vs buying could be an easier route. Maybe I'll start there and see how that go's.
 

CanadianJeepGuy

Champion Member
Jun 24, 2012
2,666
99
Winnipeg, Manitoba
Category........
Visa Office......
Manila
NOC Code......
N/A
Job Offer........
Pre-Assessed..
App. Filed.......
10-05-2012; "In Process" 26-04-2013
Doc's Request.
docs and pics resent 04-09-2012
AOR Received.
16-08-2012 (Unofficial. Received email missing docs)
File Transfer...
09-10-2012
Med's Request
April 14th 2013
Med's Done....
Dec 2011; re-med May 06 2013
Interview........
Waived
Passport Req..
May 06 2013
VISA ISSUED...
May 27 2013
LANDED..........
June 15th 2013
I got this from an article by the CBC:


"Foreigners who plan on spending less than six months a year in Canada can keep a home here without having to apply for residency. Those who buy a property and plan on living in it longer than that have to immigrate to the country and apply for permanent residency.

If they rent out their property, they don't have to live here at all but do pay a 25 per cent withholding tax on rental income that, unlike for Canadian property owners, is usually taken off the monthly rent.

Homebuyers from abroad are subject to all the same fees and taxes as Canadians when purchasing real estate — although they can face higher property or land transfer taxes in some jurisdictions and are subject to different capital gains tax rules when they sell a property.

If they take out a mortgage on their property, they have to do so at a Canadian bank and will usually be asked to put up a larger percentage of the purchase price as a down payment than permanent residents — typically, 35 per cent versus the five or 10 per cent that is more common for Canadian residents.

Most provinces treat foreign homebuyers the same as local residents. One exception is P.E.I., which imposes higher property taxes on anyone who is not a resident of the island — not just foreigners — and forbids them from owning more than five acres of land or 50 metres of waterfront without special permission from the Island Regulatory and Appeals Commission."