Non-residents of Canada - Canada.ca (2024)

This page provides information about the income tax rules that apply to non-residents of Canada.

Topics

  • Residency status
    Situations where you are considered a non-resident of Canada
  • Your tax obligations
    Part XIII tax, Part I tax, disposing of certain Canadian property, and electing to file
  • Filing your income tax return
    Which income tax package should you use and filing due date
  • Entitlements to benefits
    Canadachildbenefit

Residency status

Non-residents

You are a non-resident for income tax purposes if you:

  • normally, customarily, or routinely live in another country and are not considered a resident of Canada
  • do not have significant residential ties in Canada and any of the following applies:
    • You live outside Canada throughout the tax year
    • You stay in Canada for less than 183 days in the tax year

Notes

If you lived outside Canada during the tax year and you are a government employee, a member of the Canadian Forces or their overseas school staff, or working under a Global Affairs Canada assistance program, see Government employees outside Canada for the rules that apply to you. These rules can also apply to your dependent children and other family members.

If you sojourned 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, see Deemed residents of Canadafor the rules that apply to you.

Your tax obligations

As a non-resident of Canada, you pay tax on income you receive from sources in Canada. The type of tax you pay and the requirement to file an income tax return depend on the type of income you receive.

Generally, Canadian income received by a non-resident is subject to Part XIII tax or Part I tax.

Part XIII tax

Part XIII tax is deducted from the types of income listed below. To make sure the correct amount is deducted, it's important to tell Canadian payers:

  • that you're a non-resident of Canada for income tax purposes
  • your country of residence

The most common types of Canadian income subject to Part XIII tax are:

  • dividends
  • rental and royalty payments
  • pension payments
  • old age security pension
  • Canada Pension Plan and Quebec Pension Plan benefits
  • retiring allowances
  • registered retirement savings plan payments
  • registered retirement income fund payments
  • annuity payments
  • management fees

Notes

Generally, the interest that you receive or that is credited to you is exempt from Canadian withholding tax if the payer is unrelated (arm's length) to you. For more information, seethe Canada RevenueAgency'sNon-resident tax calculator or contact the Canada Revenue Agency.

If you receive old age security pension during the tax year, you may have to file the Old Age Security Return of Income (OASRI) each year.

If you receive Canadian income that is subject to Part XIII tax:

  • Canadian payers, including financial institutions, must deduct Part XIII tax when the income is paid or credited to you
  • The Part XIII tax deducted is your final tax obligation to Canada on this income (if the correct amount is deducted)
  • The usual Part XIII tax rate is 25% (unless a tax treaty between Canada and your home country reduces the rate)
  • Part XIII tax is not refundable. Therefore, do not file a Canadian tax return to report the income unless you elect to filea return because you receive either:
    • Canadian rental income from real or immovable properties or timber royalties (seeGuide T4144, Income Tax Guide for Electing under Section 216)
    • certain Canadian pension income (Electing under section 217)

For more information or If you think an incorrect amount of Part XIII tax has been deducted from your income,
contact the CRA.

Part I tax

The payer usually deducts Part I tax from the types of income listed below. However, if you carry on a business in Canada, or sell or transfer taxable Canadian property, you may have to pay an amount on account of tax:

  • If you carry on a business in Canada, see Guide T4002, Self-employed Business, Professional, Commission, Farming, and Fishing Income, to find out if you must pay tax by instalments
  • If you sell or transfer, or plan to sell or transfer taxable Canadian property, see Disposing of or acquiring certain Canadian property

Even if the payer deducts tax from your income or you pay an amount of tax during the year, you may also have to file a Canadian income tax return to calculate your final tax obligation to Canada on:

  • income from employment in Canada or from a business carried on in Canada
  • employment income from a Canadian resident for your employment in another country if, under the terms of a tax treaty between Canada and your country of residence, the income is exempt from tax in your country of residence
  • certain income from employment outside Canada, if you were a resident of Canada when the duties were performed
  • taxable part of Canadian scholarships, fellowships, bursaries, and research grants
  • taxable capital gains from Disposing of certain Canadian property
  • income from providing services in Canada other than in the course of regular and continuous employment

Example

You live permanently in England. During the year, you received interest income from your bank account in England and business income from a permanent establishment in Canada.

As a non-resident of Canada, you will file a Canadian return for the year to report only your business income from Canada. You will not report the interest income from your bank account in England on your Canadian return.

Disposing of certain Canadian property

For the procedures you must follow if you sell or transfer, or plan to sell or transfer taxable Canadian property (such as real estate, business property, or unlisted shares of a Canadian corporation), see Disposing of or acquiring certainCanadian property.

Electing to file

There are two situations in which you can elect to file a Canadian income tax return for income from which Part XIII taxwas deducted:

  • when you receive Canadian rental income from real or immovable properties or timber royalties
  • when you receive certain Canadian pension income

If you elect to file a Canadian income tax return, you may be able to claim a refund for part or all of the Part XIII tax deducted.

For more information:

  • on electing to file for Canadian rental income from real or immovable properties or timber royalties, see the Guide T4144, Income Tax Guide for Electing under Section 216
  • on electing to file for certain Canadian pensions, see Electing under section 217

Filing your income tax return

You must file a Canadian income tax return if you:

  • have to pay tax
  • want to claim a refund

For more information, see Do you have to file a return?

When completing your tax return:

  • You may be entitled to claim certain deductions or credits
  • Do not include income that has had Part XIII tax deducted, unless you elect to file

Note

If you receive Canadian rental income or timber royalties and you elect to file, you must report this income on a separate tax return, but you do not include any other type of Canadian income on this separate return. In this situation, you could file more than one Canadian tax return in a tax year:

  • one for the rental income from real or immovable properties or timber royalties
  • one for any other type of Canadian income that you receive

Which income tax package should you use?

The type of Canadian income you receive during the tax year determines which income tax package you should use.

If you receive only income from employment or business use the income tax package for the province or territory where you earn the income along with Guide T4058, Non-Residents and Income Tax. However, if you alsoreceive other types of income (capital gains and/or taxable scholarships, fellowships, bursaries, or research grants), you will also need Form T2203, Provincial and Territorial Taxes for Multiple Jurisdictions.

If you receive only other types of taxable Canadian-source income (such asscholarships, fellowships, bursaries, or research grants, capital gains, or from a business with no permanent establishment in Canada), use the Income Tax Package for Non-Residents and Deemed Residents of Canada.

Due to international mail delays, the CRA is temporarily accepting non-resident income tax returns through fax. You can fax your return to the tax centre applicable to your country of residence.

Filing due date

Your tax return has to be filed on or before:

  • April 30 of the year after the tax year
  • June 15 of the year after the tax year, if you or your spouse or common-law partner carried on a business in Canada (other than a business whose expenditures are mainly in connection with a tax shelter)

Note

A balance of tax owing must be paid on or before April 30of the year after the tax year, regardless of the due date of the tax return.

Entitlements to benefits

Canada childbenefit

As a non-resident, you are not eligible to receive the Canada childbenefit (CCB) unless you are the spouse or common-law partner of a deemed resident and you meet the CCB eligibility requirements.

Forms and publications

  • Income Tax Package for Non-Residents and Deemed Residents of Canada
  • Guide T4058, Non-Residents and Income Tax
  • Income Tax Folio S5-F1-C1, Determining an Individual's Residence Status
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Non-residents of Canada - Canada.ca (2024)

FAQs

What qualifies as a non-resident of Canada? ›

You may be considered a non-resident of Canada if you did not have significant residential ties with Canada and: You lived outside Canada throughout the year (except if you were a deemed resident of Canada) You stayed in Canada for less than 183 days in the tax year.

Are you a non-resident of Canada who will include 90% or more of your world income when determining your taxable income earned in Canada in 2023? ›

If your taxable income earned in Canada is 90% or more of your world income for the year, then all available federal and provincial non-refundable tax credits can be claimed. If the percentage is less than 90%, then only certain non-refundable tax credits can be claimed on the tax return.

Do I have to file a tax return in Canada if I am a non-resident? ›

As a non-resident of Canada, you pay tax on income you receive from sources in Canada. The type of tax you pay and the requirement to file an income tax return depend on the type of income you receive. Generally, Canadian income received by a non-resident is subject to Part XIII tax or Part I tax.

What is the 5 year non-resident rule? ›

An individual needs to be non-resident for more than five years to escape UK CGT on assets owned at the time of departure (other than UK land and property) of which he or she disposes after leaving the UK. This five-year period is from when the individual's sole UK tax residence ceases.

How long can you stay in Canada without being a resident? ›

Most visitors can stay for up to 6 months in Canada. If you're allowed to enter Canada, the border services officer may allow you to stay for less or more than 6 months. If so, they'll put the date you need to leave by in your passport. They might also give you a document.

Am I still a resident of Canada if I live abroad? ›

You are a factual resident of Canada for income tax purposes if you keep significant residential ties in Canada while living or travelling outside the country. The term factual resident means that, although you left Canada, you are still considered to be a resident of Canada for income tax purposes.

What is the 90% rule for the period of non residency? ›

What Is The 90% Rule? The 90% rule applies to taxpayers who have not been a Canadian tax resident for an entire year, whether they are departing from or arriving at Canada. As a result, they may only be entitled to the full Basic Personal Amount deduction if 90% of their net worldwide income is Canadian-sourced.

Do I pay Canadian tax on US income? ›

Taxes Paid in the United States

Because you have a duty to report all your U.S. income on your Canadian return, the income is deemed taxable as Canadian income. The usually lower U.S. income tax rate could leave you with an amount owing for the difference between the United States and Canadian income tax rates.

What is the difference between a non-resident of Canada and a deemed non-resident of Canada? ›

Canadians or Primary Resident card holders can be considered deemed non-resident if you are considered a resident of the country in which you live outside of Canada. Due to the tax treaty we have with the country of origin are not considered residents of Canada.

Do I have to file taxes in the US if I live in Canada? ›

You have to file a U.S. income tax return while working and living abroad unless you abandon your green card holder status by filing Form I-407, with the U.S. Citizen & Immigration Service, or you renounce your U.S. citizenship under certain circ*mstances described in the expatriation tax provisions.

Who needs to file a tax return in Canada? ›

You are required to file an income tax return if you meet one or more of the following criteria: ➢ You are earning income, such as employment income, investment or other income, and owe tax to the CRA. ➢ You are a resident of Canada. This includes international students or individuals who travelled outside of Canada.

How can I avoid double taxation in Canada? ›

Canadian taxpayers avoid double-taxation by making a claim on their return for a foreign tax credit (FTC). That is to say, you get to claim a credit on your Canadian return for an amount of tax paid to a foreign country.

What is the non resident 6 year rule? ›

Under the six-year absence rule, both properties could technically be considered your main residence for the first six years after you move out of the first property.

What makes you a non resident? ›

If you are not a U.S. citizen, you are considered a nonresident of the United States for U.S. tax purposes unless you meet one of two tests. You are a resident of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year (January 1 – December 31).

What is the 3 year residency rule? ›

Three years after owning their home, owners may choose to sell the apartments and normally a percentage of profits are paid back to Government.

Can I live in Canada if I am a U.S. citizen? ›

3) Can I live in Canada as an American citizen? Yes, if you are an American citizen, you may live in Canada. If your stay exceeds 180 days, you will most likely need a visa. You will also need a visa or work permit if you intend to work in Canada.

Can an American retire in Canada? ›

There's No Official Retirement Visa in Canada

Instead, there are a variety of different programs to establish residence in the country. The majority of Americans who retire in Canada are either dual citizens or have a Canadian spouse who can bring them in under the family sponsorship program.

How long can Canadian citizen stay outside Canada? ›

How long are you welcome to visit another country? A Canadian can stay for up to 182 days per calendar year (without paying U.S. income tax).

Can I lose my citizenship if I live outside Canada? ›

A simple answer is no.

What makes you a resident of Canada? ›

as individuals who spend a total of 183 days or more in a year in Canada or who are employed by the Government of Canada or a Canadian province.) An individual may take into account their residency status under a relevant Canadian tax treaty when determining whether they are a resident in Canada.

What is the 30 60 90-day rule immigration? ›

If you filed between 30 and 60 days of entering, USCIS flagged your application as suspicious but did not outright disqualify you from green card status. If you filed 60 days or later after your arrival, USCIS did not view your application as suspicious.

Who is exempt from the 90-day rule? ›

Certain people are exempt from the terms and conditions that apply to others via the 90-day rule. Immediate relatives of US citizens are typically exempt from the misrepresentation rule. Still, the first 90 days of a visit to the US are risky for a status adjustment.

What is rule 1 resident period? ›

A resident individual will be treated as resident and ordinarily resident in India during the year if he satisfies both the following conditions: (1) He is resident in India for at least 2 years out of 10 years immediately preceding the relevant year.

Is US Social Security taxable in Canada? ›

Exempt foreign income

If you have been a resident of Canada receiving U.S. Social Security benefits continuously during the period starting before January 1, 1996, and ending in 2022, you can claim a deduction equal to 50% of the U.S. Social Security benefits received in 2022.

How much US income is tax free in Canada? ›

If you earned more than 10% outside Canada, you won't be eligible to earn any tax free income up to a total amount of $15,000.

Do dual citizens pay taxes in both countries? ›

Being a dual citizen means that a person is considered a citizen/national of two countries at the same time, and is subject to both country's tax laws. Something to remember is that each country has its own laws dictating who qualifies as a citizen.

Can I own property in Canada as a non resident? ›

Effective as of January 1, 2023, the Prohibition on the Purchase of Residential Property by Non-Canadians Act (the “Act”) prevents non-Canadians from buying residential property in Canada for 2 years. IMPORTANT: Please read the disclaimer for this page.

Who is considered a non permanent resident? ›

These are people living in the U.S. without a green card but who have a Social Security Number. They are typically in the U.S. for a non-permanent employment project or position, although their U.S. employment could last a number of years.

What is considered temporary residence in Canada? ›

A foreign national has temporary resident status when they have been found to meet the requirements of the legislation to enter and/or remain in Canada as a visitor, student, worker or temporary resident permit holder. Only foreign nationals physically in Canada hold temporary resident status.

Can you own property in Canada as a US citizen? ›

For real estate investors, looking to Canada can diversify one's portfolio of properties and generate an alternative source of rental income. U.S. residents can own property in Canada without becoming a resident of Canada, but must report income or proceeds from a sale to both country's taxing authorities.

Can a non-resident have a Canadian bank account? ›

Opening a bank account if you're not a Canadian citizen

You may be able to open a bank account with the proper identification in Canada even if: you're not a Canadian citizen. you live in another country.

Can US citizens buy property in Canada in 2023? ›

Broadly speaking, the Act prohibits "non-Canadians" from purchasing any residential property directly or indirectly from January 1, 2023, to December 31, 2024. The Regulation provides greater detail on five key elements of the Act.

Can you have dual residency in USA and Canada? ›

As for the "dual citizenship" aspect of this inquiry, there is no separate application procedure by which one must apply for it. If you're already a citizen of either the U.S. or Canada and become a citizen of the other without taking active steps to renounce your original citizenship, you are a dual citizen.

How long can I stay in Canada without paying tax? ›

The 183-day rule

When you calculate the number of days you stayed in Canada during the tax year, include each day or part of a day that you stayed in Canada. These include: the days you attended a Canadian university or college.

What makes you a non-resident? ›

If you are not a U.S. citizen, you are considered a nonresident of the United States for U.S. tax purposes unless you meet one of two tests. You are a resident of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year (January 1 – December 31).

What are examples of non-resident citizens? ›

Non-Resident Aliens

A non-resident alien is a foreigner who does not have a legal residency or a substantial presence in the United States, such as seasonal workers, visiting businesspeople, or those who commute across the border from Canada or Mexico.

What is non residency status? ›

A nonresident is a person who is not a resident of California. Generally, nonresidents are: Simply passing through. Here for a brief rest or vacation.

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