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Waiting for Oath and Tax filing

shallowpurple

Star Member
Jul 26, 2014
96
0
We are a family applicant for Canada citizenship - myself, spouse and kids. I am the principal applicant for Citizenship application filed in Sept 2020. As of March 2022, we have got decision made in ECAS and waiting for getting invitation of Oath ceremony.

We have filed income tax in Canada as resident from 2017,2018, 2019 and 2020. I am about to file 2021 and I have the option to file tax as Non-resident of Canada (part year resident of US) claiming departure from Canada in 2021 (exit tax is negligible) and acquisition of tax residency in US. This could result in some tax benefit (since the marginal tax rate in US is less than in Canada). Spouse also works and would continue to claim tax residency in Canada (and along with kids have stayed in Canada). I did speak to accountant/CPA but they have no clue about citizenship application.

I am wondering if claiming tax residency in US in 2021 (and subsequent departure from Canada in 2021) would have any impact on my Citizenship application (which was submitted in Spet 2020) and for which we are waiting for Invitation for Oath Ceremony?

Other option is to just claim tax residency in Canada (possible since spouse family still remains in Canada and pay full taxes there) and consider my job in US as temporary work assignment.

Looking for guidance
 

aspiringcanadian292

Full Member
Feb 26, 2022
30
3
In my humble opinion which is not a CPA advice, since your application to citizenship in 2020 encompasses the previous years then there is no need to worry about the 2021 US residency tax claim. IRCC are concerned with the period before your application. Since you already did your period then I assume it's fine. However, I suggest you talk to another CPA + contact IRCC and ask them with a what if tone.