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What is a Family Trust?

Like any financial tool, there are pros and cons and, more importantly, the right time and the right way to use family trusts. And, it goes without saying, there is also the wrong time and the wrong way to use family trusts.

A trust is simply a way to transfer assets from one person to another, through an indirect method. For instance, if I wanted to transfer a huge sum of money to you, I could just write you a cheque. Or, I could put it in a trust, and the trust would pay you. The trust would be managed by someone or by a group of people.

“A trust sounds somewhat convoluted. Why not just give me a cheque?”

A good question. And there are several answers. One of them is income splitting. Often parents earn the bulk of the income in a family, whereas children earn nothing at first, and much less than the parents even as they get older.

Using a family trust to split the income ensures that much of the income comes tax-free. Let’s say you have two young children with no income of their own, and the trust pays each of them $10,000 a year. Nobody pays income tax on their first $10,000. So that means there is an extra $20,000 on which you pay no tax. If you were paying tax at the high rate of 46 percent, you have just reduced your taxes by $9200 per year. Sweet.

If you earn sizeable capital gains, the income-splitting deal is even sweeter, as with dividends.

A family trust can be used also to pass money down to adult children or even to grandchildren. Typically this is a way to help support family members in a much lower tax bracket, without having to pay the higher tax. In other words, tax-free charity within the family. Yes, you could just send a check for $10,000, but you would be taxed on that money when you earn it if you don’t do it through a trust.

The other big reason to use a family trust is to side-step the whole will process at the end of your life. Funds put into a trust do not have to be disclosed to anybody other than those people involved with the trust. So you can keep your wealth and how you distribute it under wraps. The money in the trust is also protected from anyone challenging the will.

Often people leave trusts to minor children so as to support them over time rather than leaving a lump sum that might quickly be squandered. In cases where a person remarries, they are often left to children so that the funds are not part of the new matrimonial deal. In other words, a family trust can make sure that inheritance is passed on to children in a useful and effective manner.

Of course, you can put a trust right into a will, if you simply want to pass along your inheritance to your children in stages rather than paying one big cheque.

“Wow. Family trusts sound great. I’m heading out to the corner store to pick up a dozen of them.”

Not so fast. You can’t pick up a family trust for $19.99. There are significant costs in setting one up and there are ongoing legal and accounting fees involved, too. And the trustees – those who administer the funds – will want to be paid something, too. You might be one of the trustees if it is not an end-of-life situation, but you will probably want an independent person, such as a lawyer, to be one of the trustees.

There is also always the risk that you will lose control. It is important not just to think carefully about who the trustees will be, but also what the terms will be. Once you set the terms, the trust is in charge. You can’t change your mind, because the assets are no longer your own. They now belong to the trust under the rules it was established.

There is also the risk that your trust will be declared a fraud. Of course, if you have set it up properly and for legitimate reasons, this risk is pretty small. But if you are trying to stretch the envelope, there are penalties for fraud.

The disadvantages are small for those people who can really make use of a family trust. But if your assets are small and you have no need to protect them somehow or redistribute your wealth, chances are that you will end up paying as much to set them up and administer them as you will benefit from them.

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Benefits of Using Accounting Software

We all love to save money, and small business owners are no different. Every penny saved can be reinvested back into the business to help it grow and prosper. But if you’ve got some money to invest back into your enterprise, what should you spend it on? Well, we recommend that you take a look at a good accounting software package, such as Sage, QuickBooks or other systems. So why should you put your money into accounting software, rather than the 1001 other things that a growing business needs?

#1 – It’s easier to stay on top of your accounts
Buying a good account software package will cost you around C$100 and could just be one of the best business investments you ever make. It offers you a good half-way point between the cheapest option – struggling with doing your own accounts and coping with spreadsheets, boxes of paper receipts and invoices that don’t match – and the expensive option: hiring an accountant to do it for you.

#2 – It makes it easier to comply with your tax obligations
Not only does accounting software make it easier to balance the books, but it also offers you a host of other options. Tax software will let you compile reports detailing, for example, how much tax you’ve paid over a certain amount of time. This means that full compliance with GST/HST returns allows you to focus on other aspects of the business knowing that your taxes are taken care of. In fact, some systems now allow you to e-submit GST/HST returns, making it even easier to ensure you pay the right amount and on time too.

#3 – It lets you analyse your business
A system such as QuickBooks comes with a plethora of add-ons and analysis tools. It’s like having your own personal financial advisor and gives you a wealth of easy-to-understand information at your fingertips. You can produce everything from balance sheet summaries to reports that detail which customers are behind on payments so that you can adapt your business strategy to cope with the fluid nature of the business.

#4 – It centralises everything
If you look at your desktop icons now, how organised are they? Would you know exactly where to find a balance sheet for August last year? Or where that invoice for customer XYZ for June is located? The advantage of using an accounting software package is that everything is collated together, centralising all your financial data in one place. If you then take advantage of cloud computing you can access that data even when you’re away from the office. Account software brings everything – payroll, accounts, invoicing, tax returns and even customer and business management – together and gets it working in harmony; which can only be a benefit to your business.

#5 – It eliminates the possibility of mistakes
As long as you put the right figures in to start with, accounting software can eliminate the possibility of errors, as it carries out all the calculations for you. So your financial data is more accurate and, when it comes to submitting end-of-year tax returns to the Revenue Agency, you’re less likely to be financially penalised for inaccurate returns.

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The Tax Responsibilities of Using an Employer-Owned Vehicle

So you got a new job and you get to use the company car! Or maybe you got that long-awaited promotion, and one of the many new perks is that you get to drive the company car — even for your own use! Seems like a pretty sweet deal, right? It some ways it is, but in some ways it isn’t.
When you drive an employer-owned vehicle for your own personal use — even if you only just drive it to and from work each day — that is considered a taxable benefit. Here’s what you need to know about the tax responsibilities of using an employer-owned vehicle for your personal use:

So you got a new job and you get to use the company car! Or maybe you got that long-awaited promotion, and one of the many new perks is that you get to drive the company car — even for your own use! Seems like a pretty sweet deal, right? It some ways it is, but in some ways it isn’t.

When you drive an employer-owned vehicle for your own personal use — even if you only just drive it to and from work each day — that is considered a taxable benefit. Here’s what you need to know about the tax responsibilities of using an employer-owned vehicle for your personal use:

Income Tax

If you are able to use an employer-owned vehicle for personal use in any capacity, you are charged income tax based on the value of that benefit. The value of the benefit is used to determine the taxes that are to be deducted from your paycheck, including CPP and EI.

Standby Charge

The amount you pay is determined by a formula that takes into account how much you use the vehicle for personal use, the value of the vehicle itself, and any reimbursement that you pay to your employer for using the vehicle. The standby charge is calculated by multiplying 2 percent times the number of months that you use the vehicle during the year — for example, 24 percent if you use it all year. You then take that percentage of the value of the vehicle and include it in your taxable income.

If your employer leases the vehicle rather than owns it, you would take 2/3 of the monthly leasing costs and multiply that by the number of months that you use the vehicle. That amount would then be added to your taxable income.

You can qualify for reductions in the standby charge if you drive at least 50 percent of total miles in the vehicle for business or if you drive less than 20,004 km per year for personal use.

Operating Cost

If your employer pays for operating costs — such as gasoline, insurance, maintenance and other expenses — then you will also have to pay a tax on this benefit. The value of this benefit is determined on a per-kilometer basis. In 2013, the cost is 27 cents per kilometer.  You can qualify for a reduction of this benefit if you use your vehicle at least 50 percent for business purposes. The amount would then equal 50 percent of whatever your standby charge is.

There are exceptions for certain types of professions, such as automobile salesman, but in general, these are the rules regulating the taxation of employer-provided automobile benefits. If you have questions about how this rule applies to your particular circumstances, you can meet with someone in your company’s payroll department or talk with a qualified tax professional. It’s worth understanding how this nice little perk may be having a big impact on your overall tax obligations.

Kelly Opferman is a seasoned writer who at this time focuses on her site: http://www.autoloancalculator.org/. Her educational background includes finance, teaching, and economics.

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5 Last-Minute Tax Tips for Small Businesses

Running up against the annual Canadian tax deadline of April 30 doesn’t leave your business much room for tax maneuvering since April has already begun. Taxes may pose a financial problem for small businesses because they have to be paid but they also may pose an operational problem because the Canada Revenue Agency tends to be inflexible regarding filing the forms and paying the monies, regardless of how well or poorly a business is doing.

But options do exist. These 5 last-minute small business tax tips are powerful options a small business can utilize prior to filing and paying taxes at the end of the month.

Tip #1 Have All Your Forms Ready

Bad tax returns often occur when people let themselves fall behind with paperwork and then try to fix something with the wrong information. The Canada Revenue Agency posts all tax forms and guidebooks on the Internet for free (http://www.cra-arc.gc.ca). Download any time of the day or night and get to work. With the correct forms and guidebook available, tax filing can be done the right way without guessing.

Tip #2 Hire Professional Tax Help

If your business tax information is scrambled at this late date, don’t try to tackle a mountain of paperwork and tax rules, especially if you’ve never done taxes before. That’s why expert tax preparers exist. Pay the fee and focus on your business while they prep the paperwork for filing.

Tip #3 Check the Work

Mistakes happen, so be sure to double-check the tax preparer’s work. They too are human and get rushed, especially close to the filing deadline, which is their busiest season. Yes, mistakes happen, but unfortunately your business ends up being responsible for the filing in the eyes of the tax agencies. So avoid the headache ahead of time and double-check the figures on the final copy before signing.

Tip #4 Account for All Support Documentation, All of It

Don’t sign and file a tax return until you are sure every number reported on the return appears on the documentation you supply that supports valid deductions, earnings, or tax credits. If unsure, remove the tax credit or deduction and include the extra earnings. It’s a far better position to be in if an audit occurs.

Tip #5 Mine Tax Changes for Opportunities

Every year new tax laws are passed, some providing advantages for a small business. Be aware of them and claim the valid benefits if they help.

Whatever the circumstances, never try to fabricate information or omit data that should be reported. Eventually a paper trail will collapse on itself, and tax agency auditors know this. It’s far better to pay late taxes with interest and penalties than to find your business undergoing an investigation for tax evasion or fraud. The costs of the litigation can be immense, even if a business ultimately wins the case and proves itself innocent.

Note too that a business cannot add new expenses and earnings if the calendar year has ended. Fudging tax numbers in this fashion just puts a business owner in a pot of hot water.

In Summary

Every small business has a set of reports, tax credits, and tax deductions that can be used to its advantage. These 5 last-minute small business tax tips should be fully evaluated before filing a return. Not every option has to be taken, but consideration can identify a lot of missed savings that can be put to better use in a business’s versus the government’s bank account.

Kristen Gramigna is Chief Marketing Officer for BluePay, a leading provider of Canadian merchant account services. The brings more than 15 years of experience in the bankcard industry in direct sales, sales management, and marketing to the company and also serves on its Board of Directors.

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Death and Taxes in Canada

Although Canada doesn’t have a specific taxation on death, the assets accumulated by a citizen throughout his or her life could be taxed as capital gains. While some of these assets are obvious as to why they are taxed, others can be more obscure and can be easily overlooked. There are ways around having to shell out taxes depending on the asset and if the estate can assume immediate control over them.

1. No Inheritance Tax – Canada doesn’t charge an inheritance tax from those that gain from the passing of a loved one or friend. However, sitting on the money instead of going on a shopping spree may be the best idea as other taxes can be accumulated during the process of dividing up the remaining estate of the deceased. Although technically a death tax doesn’t exist in Canada, the estate of the decedent can still be taxed based on benefits and other incomes he or she may have had. Capital property acts as though it were sold immediately before death and the monies incurred are treated as a taxable income.

2. Income – Obviously, any income the decedent was accumulating prior to death has to be taxed. The executor of the estate has to file taxes for the decedent including any incomes including Registered Retirement Savings Plans and Registered Retirement Income Funds unless the spouse or a child was named the beneficiary prior to death. At which point, the monies don’t need to be deregistered and don’t have to be taxed.

You can transfer a RRSP or RRIF to a surviving spouse without suffering tax penalties. However, this tax-free move could only delay the inevitable if the spouse were to die as well. Without a direct beneficiary of these monies, it will become deregistered and included in the capital income of the decedent.

3. Real Estate – Owning property other than your primary residence can be included as Capital Gains upon death of the owner. Any increase of value of the property at the time of death can create a hefty bill for the estate’s executor. These real estate taxes, like many other assets that can be taxed in Canada after death, can be avoided by granting the property to a successor. This is usually a spouse, child, or even grandchild in some cases. For instance, a cabin in the woods for the family to enjoy during vacation times can be taxed unless it is bequeathed to a surviving spouse.

As Benjamin Franklin pointed out, the only two certainties in life are death and taxes. As long as a good plan exists for the estate prior to death, many financial hardships can be avoided. Saving the nest-egg for your family after you’re gone could become a financial burden that you never realized as it could fall under your capital gains for the year. Talk with a tax professional today and discover how you can help support your family after you’ve passed on from this life.
Paul Taylor started www.babysittingjobs.com which offers an aggregated look at those sites to help families find sitters and to help sitters find families easier than ever. He loves writing, with the help of her wife he has contributed quality articles for different blogs & websites.

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Quebec Income Tax Changes For 2013

Residents in Quebec may be feeling a financial pinch this year due to new tax changes. Many changes went into effect on January 1, 2013, and these changes are going to hit Quebec residents in a number of different ways.

The Cost of Transportation
Commuting around town with public bus or metro transportation has become more expensive. While the cost of a single ticket remains at $3, the cost of a monthly pass has risen from $75.50 to $77.

The Cost of Passports
For those residents who require a passport for international travel, the cost of a five-year passport for both children and adults will increase in just a few months. Effective July 1, 2013, an adult passport will increase in price from $87 to $120, and a child’s passport will increase from $37 to $57. A 10-year passport will now be available for $160.

The Cost of Income Taxes
Perhaps the most costly change that will affect middle-class Quebec residents in 2013 relates to income tax. For residents who earn $100,000 or more, the tax rate will increase to 25.75 percent from 24 percent. For those who earn $130,000 or more, a higher tax rate will be combined with a higher tax on health services. The health services tax will increase to $1,000 from $200 per year. The good news is for lower income families. Those who earn between $18,000 and $42,000 per year will see their tax on health services drop to just $100 per year. Older workers, who are over age 65, will also experience financial pain this year as the annual earnings exemption that was supposed to rise annually has instead been capped at $3,000 this year.

The Pension Plan
If those changes are not enough, one additional change to Quebec’s pension plan will affect most employees. This change is small, increasing the rate by only 0.15 percent. However, with so many other changes already affecting Quebec residents, even this small change will likely be felt by many residents.

The combined effect of all of these new tax changes for Quebec residents will have significant effects, so steps should be taken to refine personal budgets to accommodate these changes.

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2013 Tax Changes for All Canadians

New tax legislation applying to all Canadians has taken effect as of January 1, 2013. The legislation is broad reaching. What follows below are the most significant changes facing Canadians.

The age for early retirement under the Canadian Pension Plan (CPP) remains unchanged at age sixty. However, the payout from the pension will be lower if you file for benefits after January 1 than if you did so on December 31, 2012. Also, in mid-2013, seniors reaching age 65 may now defer collecting Old Age Security (OAS) pension benefits until age 70 if they choose. The objective of these changes is to encourage elderly workers to remain in the work force longer in exchange for a higher benefit payout later in life. Workers who defer collecting their benefits will receive higher payouts when they do collect. Here’s how maximum CPP benefit payouts are set for 2013 based on attained age when benefits are received:

    CPP Maximum Monthly Benefits by Age

  • Age 60 (early retirement): $684.45
  • Age 65 (average age retirement): $1,012.50
  • Age 70 (oldest allowable retirement age): $1,437.75

As you can see, deferring retirement by five years from age 65 to age 70 is tantamount to purchasing a lifetime annuity for $425.25. From a purely financial viewpoint, deferring retirement for five years is a good deal as a lifetime annuity with a monthly payout of $425 would cost on average $70,000 if purchased at age 65.

The tax reforms also increased the Employment Insurance (EI) premiums most Canadians will pay. The EI premium increased by $49.50 and will be followed by another $51.15 increase a year later. Also, workers will be tiered based on the probability they have to make use of EI benefits. The three tiers are frequent claimants, occasional claimants or long-tenured workers (those who rarely take EI benefits). The government wants to see if the EI program can be modified so as to encourage citizens to migrate to regions where work is more consistent.

The four basic tax rates and threshold for benefits is now indexed for inflation at 2% annually. The rates are now as follows:

    Canadian Tax Rates

  • Income after $11,038 – $43,560: 15% tax bracket
  • $43,561 – $87,122: 22% tax bracket
  • $87,123 – $132,405: %26 tax bracket
  • $132,406 and above: $29 tax bracket

In addition, the tax changes will allow workers to save more of their income towards their tax free accounts. The maximum annual savings has increased from $5,000 to $5,500. The federal tax credit for senior citizens is now $6,954 with a net income-based phase out starting at $34,562 and ending at $80,258.

The new Canadian tax laws that took effect at the start of 2013 are broad and far reaching indeed. However, as can be seen from the descriptions above, the measures are largely even-handed with both incentives and counter-incentives in place. The entitlement reforms regarding the CPP are an achievement that other nations should take note of.

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Reasons Why Filing Taxes in Canada is Easier Than in the USA

Filing taxes every year is a way to keep our government funded services alive and well. It’s also a time of year that many people dread. Sometimes it’s hard to pay taxes when our paychecks are barely enough to keep us going as it is. Did you know that Canadian laws on taxes differ greatly as compared to the tax laws of the United States?

1. Citizenship Taxing – While the United States taxes individuals based on a citizenship basis, Canada does not. The way the US taxes its citizens is based on how long they were a citizen of the United States in the current year and the previous two years. Canada only taxes on residency. Unlike the US, if a Canadian moves out of the country, the tax doesn’t follow him or her.

2. Estates of the Deceased – Canada does not have an estate tax on those that are deceased. As of 1972, the estate of a decedent isn’t taxed by Canada while it is taxed in the United States. This could become troublesome for the beneficiary as they scramble to liquefy and pay the taxes on the estate.

3. Paid Tax Preparation – In the United States, a tax preparer needs to acquire a PTIN, or Preparer Tax Identification Number. This is mandatory for paid professionals to prepare tax documents for the IRS. However, Canada doesn’t have such regulations and essentially anyone can prepare tax documents. While this could save the tax preparer some money, time, and trouble, someone who doesn’t know what they’re doing could damage your financial future.

4. Quarterly Filing – In the United States, citizens are required to file and pay annual taxes of the previous year on April 15th. In Canada, the due date is April 30th with an additional exception. The tax for self-employed individuals in Canada can be paid quarterly during the tax year without the need to file by April 30th. Their deadline is June 15.

5. Double Taxation – If a citizen of the United States immigrates to Canada, there is a good chance they could face a double taxation if they don’t plan it correctly. As the United States will tax individuals based on citizenship, the person could be taxed for living in the US for a certain period of time. As Canada taxes on residency, that same individual would be responsible for paying taxes based on the amount of time they lived in Canada during the tax year.

Regardless of your filing, paying taxes keeps the country from collapsing. Although you may hate the idea of paying yet another bill, keep mindful of what the taxes are going towards. Look at it as a way of helping the government as they help you every day.

This guest post is contributed by Debra Johnson, blogger and editor of Liveinnanny.com. She welcomes your comments at her email jdebra84@gmail.com.

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Canadian Tax Tips For Business Owners

As a small business owner, completing your taxes is an inescapable responsibility. Making sure that your financial documents are properly in order all throughout the year will help to simplify this task. The following tips will ensure that you get all of the available deductions without sending up any unfortunate red flags.

Avoid Using Software

If this is your very first year as a small business owner, you should avoid using software to prepare your filing. Many of these programs are well-marketed and highly effective as well. For new entrepreneurs, however, they are not capable of providing important advice and tips during the filing process. It is always best and more economical to hire a tax professional to handle this task for at least the first three years of your business. Once you get a better understanding of things you can decide whether or not you are ready to trust a technical product with this important chore.

Pay Family Members

As a small business owner, if you split your income with your spouse or any other family member that helps out with your business, you can get a much lower tax bill for the family unit overall. This is only true, however, if the family member that you are splitting income with happens to be in a lower tax bracket. Talking to a tax expert well before the year’s end is the best way to get this arrangement worked out properly.

Deductions

There are a lot of deductions that small business owners can miss if they are not careful to remain optimally organized throughout the year. In addition to legal fees, vehicle expenses and write-offs for a home business, you should remember to claim your capital asset deductions. These all depreciate differently, however, special deductions such as recently purchased technical equipment, may be depreciated fully.

Keep Things Separate

Avoid mixing your business accounts and your merchant credit cards with your personal credit cards and accounts. This is very easy to do and quite difficult to sort out at the end of the year. More importantly, if you happen to be audited by the CRA, you want to have the ability to easily show that you have kept all of your personal expenses separate.

Recognize Red Flags

Most new business owners raise red flags simply because they do not recognize the areas that the CRA pays closest attention to. For small business owners, the division of personal and business spending is key. Many people fail to adequately track which expenses are personal and which are not. The result is usually generous overestimates that grossly misrepresent the actual business spending. For instance, people who use their personal vehicles for business-related tasks, might record a hefty percentage of their total miles driven without accounting for the fact that many of these miles, including those that are spent driving to and from the workplace, are not actually business-related. Until you develop a keen understanding of which deductions are likely to land you an audit, it is generally best to let a reputable tax professional oversee at least this are of your filing.

Marcia Thomas writes about business, travel & more at homeequityloan.net.

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How International Taxes Can Affect My Income

International tax can affect your income in a number of different ways. The amount you get taxed basically comes down to residency and citizenship in most countries, whereby you have to declare your international income alongside your domestic income. In Canada, whether or not you are considered a resident of the country will affect how much tax you pay, even if you don’t live in the country full-time. There are some options, though, for saving money on the tax you pay, which depend on how you choose to register your status as resident or non-resident.

Residency Status

You are defined as a resident of Canada if you hold rent-able or own-able property in the country, or if you have family there, and any financial ties or registrations like a drivers’ license. Canadian born nationals also have citizenship, which they can retain even if they travel abroad. A non resident is defined as someone who does not have a permanent tie to Canada, but may remit part of their income into Canada, or hold citizenship for the country. The same rule applies to businesses that are primarily based and trade in Canada, and those that do not. The Canada Revenue Agency can be tough on the circumstances by which you become a resident, which breaks down to if you are based in the country for 183 or more days a year.

The income tax rate for Canada is about average compared to other countries, and accounts for approximately 40 per cent of individual taxes. For capital gains, half of the gains for the tax year are taxed. Different provinces within Canada levy slightly different taxes on land, and payroll. However, there is no direct tax on estates, while Canadian citizens and residents are eligible for tax credits and benefits. For residents that have worldwide income, and are based overseas, the CRA have measures to help you avoid being double taxed in both countries. Tax credits are used to reduce the amount you would normally have paid, while you won’t pay additional tax if the overseas income tax amount is higher.

Solutions

For those that want to retain their Canadian citizenship, but are frustrated about being taxed on their worldwide income while not living in Canada, it is arguably better to declare yourself as non resident if you want to sever formal ties to living in the country. Basing yourself in a tax haven like Monaco or the Cayman Islands means that you can avoid paying the same levels of tax as you would for a residency. For those that weren’t born in Canada, another option is to declare yourself or your business a resident of Canada. For the first five years of your residency, you can invest worldwide income in offshore trusts, where it can’t be taxed. Once you become an official citizen of Canada, you can then go through the process of declaring yourself as non resident, without your overseas trust being affected.

However, the Canadian government are getting stricter on these kind of loopholes, and particularly for businesses. The recent Fundy Settlement vs. Canada in April 2012 voted against the technical definition of overseas trustees as non resident, meaning that companies that want to base themselves in Canada have to clearly abide by income tax, capital gains tax, and other taxes. It’s also important to remember the difficulty and practicality of adjusting residency in terms of home ownership and family status. The CRC are similarly strict on temporary workers with remitted income, and claiming tax back on paying non-residents from Canadian companies. In all these cases, it’s best to seek qualified advice from an international taxation company if you are unsure over how best to declare yourself a resident or non resident.

Liam Ohm is a regular financial blogger. He enjoys reading, writing and networking.

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