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US Citizen Visiting Canada > 183 days... Do I have to file taxes for both?

textocan

Member
Feb 10, 2013
18
0
Just a quick question here. Im an american currently visiting canada for 15 months and I just completed my United States W2 tax form and have been trying to figure out the easiest way to get it here, since i no longer have my american bank account (I do have a joint account with my Girlfriend who is Canadian though.. not sure if the US government would deposit to a canadian bank account though. Has anyone ever tried that?)

But on to my real question.. I came across the following at the Canadian revenue agency website while researching the deposit of american tax refund to canadian bank account:

If you have not established significant residential ties with Canada to be considered a factual resident, but you stayed in Canada for 183 or more days in the year, you may be considered a deemed resident of Canada.

And according to the 'deemed resident' paragraph

If you soujourned in Canada for 183 days or more (the 183-day rule) in the tax year, do not have significant residential ties with Canada, and are not considered a resident of another country under the terms of a tax treaty between Canada and that country, you may be considered a deemed resident of Canada.

I have been here for more than 183 days, but only as a visitor. I have not worked, nor attended school. I have none of the residential ties they speak of, but i have been in Canada for more than 183 days.
And as a deemed resident, would that mean i would need to file? I have no SIN, canadian drivers license, health cards.. etc. So I would not even be able to accurately fill out some of the information needed on the tax return.

I also saw:

"You must file a Canadian income tax return if you:

have to pay tax; or
want to claim a refund.

With that, it seems as since i had no income here, i would only need to file if i wanted a GST refund for any money i spent here?

So basically, am i required to do anything with Canadian tax filing? I just want to be sure, since i have no income to report, i wouldnt think that i would need too. Anyone been in this situation before? I just want to be sure i do the proper thing for both governments. :)
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi


textocan said:
Just a quick question here. Im an american currently visiting canada for 15 months and I just completed my United States W2 tax form and have been trying to figure out the easiest way to get it here, since i no longer have my american bank account (I do have a joint account with my Girlfriend who is Canadian though.. not sure if the US government would deposit to a canadian bank account though. Has anyone ever tried that?)

But on to my real question.. I came across the following at the Canadian revenue agency website while researching the deposit of american tax refund to canadian bank account:

If you have not established significant residential ties with Canada to be considered a factual resident, but you stayed in Canada for 183 or more days in the year, you may be considered a deemed resident of Canada.

And according to the 'deemed resident' paragraph

If you soujourned in Canada for 183 days or more (the 183-day rule) in the tax year, do not have significant residential ties with Canada, and are not considered a resident of another country under the terms of a tax treaty between Canada and that country, you may be considered a deemed resident of Canada.

I have been here for more than 183 days, but only as a visitor. I have not worked, nor attended school. I have none of the residential ties they speak of, but i have been in Canada for more than 183 days.
And as a deemed resident, would that mean i would need to file? I have no SIN, canadian drivers license, health cards.. etc. So I would not even be able to accurately fill out some of the information needed on the tax return.

I also saw:

"You must file a Canadian income tax return if you:

have to pay tax; or
want to claim a refund.

With that, it seems as since i had no income here, i would only need to file if i wanted a GST refund for any money i spent here?

So basically, am i required to do anything with Canadian tax filing? I just want to be sure, since i have no income to report, i wouldnt think that i would need too. Anyone been in this situation before? I just want to be sure i do the proper thing for both governments. :)
You are still considered a resident of the US and don't need to file Canadian income tax.