[pisces2006]

Hi, I'm a canadian citizen living in Hong Kong. I have been living & workign in hong kong for more than 7 years. I was told that i should file canadian tax as a non-resident.
I want to talk to an account who is specializing in canadian personal income tax. Any one has any recommendation?

Thank you.

[bobbiesehra]

Hi I'm looking for a Canadian tax specialist as well. Just wondering if you had any luck?

Thanks,
bobbie

[YVR-HKG]

oop.. sorry I posted and it was taken as a solicitation.. I was just offering free help/advice for fellow expats..no worries though.. my bad for not being clear.

I think if you post specific questions online, I can respond and have it not be construed as solicitation.. just hope to offer my help!

You would most likely be considered a non-resident of Canada, and should have been when you originally moved! I'm assuming your immediate family, work, active bank accounts are all in HK. You can request a determination of residency from Canada Revenue Agency by checking out their website and calling their International Tax Office in Ottawa. If the residency is determined to be in HK, then you can undo your returns and get your taxes back if you paid them the past x years.

G'luck on that!

Cheers.

[KnowItAll]

We don't do "send me a PM if you want more info" type posts on this forum. Those typically lead to all sorts of dodgy solicitations in our experience. Best answer on the forums or PM someone yourself.

[Jon.E.Kong]

Pisces,

Unless you have significant residential ties to Canada, you do not need to pay Canadian tax. You would be deemed a non-resident for tax purposes.

These ties include property, bank accounts, cars, family*, credit etc.

If you've been here 7 years, its likely you don't have many of these.

If you call CRA they will do everything in their power to convince you that you still need to pay Canadian tax. If you are unsure, go to the CRA website, the rules are spelled out very clearly who does and does not need to pay tax.

Considering the HUGE tax savings here, my advice is to cut all residential ties if possible.

[HKFella]

Originally Posted by Jon.E.Kong

If you call CRA they will do everything in their power to convince you that you still need to pay Canadian tax.
Agree. Same with the determination of status form. Unless it's to your advantage in some specific context (e.g. trying to claim non-res with back-dated effect, hoping to get taxes refunded), all tax advisors say don't file it.

If you are unsure, go to the CRA website, the rules are spelled out very clearly who does and does not need to pay tax.
Disagree. Certainly not spelt out in black and white and while some major things are well-explained, some things are downright misleading according to some experts. While there are lists of factors that count, there's a big element of discretion - CRA says they take all the circumstances into account, not just this thing or that by itself. E.g. Provincial driver's license by itself as a one off is not a big deal, but in combination with other factors, it can be the deal-breaker. Health Card usage is always a no-no. Bank accounts - depending on the circumstances, it may not hurt to keep. Basic principle is that "residency or non-residency is a state of mind", not of fact. And they are trying to read your mind, or assemble evidence to show their conclusion is supported! There are still the courts if one thinks they didn't read it right.

Pls see responses in blue above.

[YVR-HKG]

Decision by the CRA of residency is based on a scoring card, with point values assigned to each response. So it is not arbitrary as noted above by the other respondees.

Just read the guidelines, ask the the determination and ensure you understand what/why they are asking in each question, and you will be fine.

[pisces2006]

Many thanks for your advise. Here is my new question.

1. non-resident status
i'm factual qualified to be a non-resident because i have no canadian ties as specified above. although i never applied for the (official) non-resident status (form);
2. if i plan to return to cananda in the future, e.g. in 2010, shall i file the tax form for year 2000-2009 as non-resident (i.e. pay no tax) before returning to canada?
someone suggested that i should submit the tax form for each year even if i am qualified a non-resident with 0-tax-due.

Any suggestions /thoughts on this? thanks again

Happy Canadian Day !

[YVR-HKG]

If you're not a resident, and have no tax liabilities in Canada.. no.. you don't file a return.

Even if you do file.. Im' not sure that they would accept it.. lol.. why would a non-resident continue to file for nothing?

When you get back to Canada.. to resume benefits like CCTB and GSTC (assuming you dont exceed the income thresholds), you will need to declare your worldwide income for up to two previous years to establish a baseline to calculate the benefits... but that is only for the benefits calculation, and not for tax purposes.

(USA is different altogether of course)

[pisces2006]

Many Thanks again YVR-HKG.

Assume that I go back to Canada in 2009 and pick up a job during 2009.
Before Apr2010, I need to file tax return for tax year 2009 (in canada),
Will the inland revenue ask about the gap between 2000-2008?? Because my last tax return form was submitted for tax year 1999.
(for tax year 2000-2008, i should pay 0 tax to canada due to my non-residence status).

are you an accountant / professional in the accountant business? Thanks again.

Regards