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Tax situation - opinion needed

sheikhms60

Member
Oct 6, 2022
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1
Hello fellow travellers,
Needed an opinion regarding something.

I have Canadian Permanent Residence Status. I also have US h1B and my job location is remote.

I am married with Wife and a kid.
Until few months back I was living in Canada as a Permanent Resident while working remotely. However there have been some recent life changes for me.

My wife and kid are PR holders. Few months back I have become separated with my wife due to some dispute between us. The kid is with her.

I have moved back to Seattle for past 5 months. We haven't divorced, but there is a separation between us. She is however living in Canada with my kid, and the kid is going to school there.

Currently I am not providing for her expenses.

I wanted to ask about tax implications for myself.

I will have stayed for less than 182 days in Canada in 2024 and majority of the time in the US for 2024. But my wife with whom I haven't divorced formally but separated, will be in Canada along with my Kid. Does that mean I have significant residential ties in Canada and have to pay tax on my US income to Canada for 2024? I am planning to file Married separated in US for 2024.

Can someone explain if I will be owing taxes to Canada in this situation I find myself in? I am asking because even if you haven not lived in Canada for more than 182 days, but your wife, kid or other strong tries remain to Canada, you are supposed to pay taxes in Canada. I have ended all other ties to Canada, except for my wife and kid.

What would my tax obligations be? How do I report separation to CRA?
 

GandiBaat

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Hello fellow travellers,
Needed an opinion regarding something.

I have Canadian Permanent Residence Status. I also have US h1B and my job location is remote.

I am married with Wife and a kid.
Until few months back I was living in Canada as a Permanent Resident while working remotely. However there have been some recent life changes for me.

My wife and kid are PR holders. Few months back I have become separated with my wife due to some dispute between us. The kid is with her.

I have moved back to Seattle for past 5 months. We haven't divorced, but there is a separation between us. She is however living in Canada with my kid, and the kid is going to school there.

Currently I am not providing for her expenses.

I wanted to ask about tax implications for myself.

I will have stayed for less than 182 days in Canada in 2024 and majority of the time in the US for 2024. But my wife with whom I haven't divorced formally but separated, will be in Canada along with my Kid. Does that mean I have significant residential ties in Canada and have to pay tax on my US income to Canada for 2024? I am planning to file Married separated in US for 2024.

Can someone explain if I will be owing taxes to Canada in this situation I find myself in? I am asking because even if you haven not lived in Canada for more than 182 days, but your wife, kid or other strong tries remain to Canada, you are supposed to pay taxes in Canada. I have ended all other ties to Canada, except for my wife and kid.

What would my tax obligations be? How do I report separation to CRA?
You can get opinion of the tax department. There is a form for that (residency opinion letter). Its a bit involved. I believe they will treat you as resident in Canada, though I may be totally wrong on it.

I hope you have seen / used this tool? https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/information-been-moved/determining-your-residency-status.html

Apart from kid and wife, do you have some property in Canada?

That all being said, there is double taxation treaty between two countries which will allow you to claim tax credits in Canada.