Declaring Non Resident in Canada with Property

[jwng]

Hey everyone!

I wanted to see if I could seek some help and advice. I went back to Hong Kong in 2016 after I graduated. The first two years I was back, I just did some travelling and took some time off after my studies. I actually went back to Canada again in 2018 and this time I decided to move back to Hong Kong. At the end of 2018, I actually did a part time program at a university and then I started my studies. At the same time, I also found a job. I haven’t declared anything in Canada yet but I do have my own property in Canada.

Should I file my non residency for Canada?

The years I was in Canada, I was a full time student so I actually never worked or paid any taxes therefore I really don’t know what I am supposed to do.

Since my parents are both from Hong Kong, I have my own Hong Kong ID so I don’t need any working visas or anything.

Could someone please give me some advice? I was planning to go back to Canada last year to deal with it but because of COVID, I’m not able to go back to deal with anything.

Any sort of help or advice would be greatly appreciated!!

Please and thank you

[CAF00187]

https://www.canada.ca/en/revenue-age...nts.html#mgrnt

From what I remember, there isn’t much to declare except to your banks and canceling MSP. Speak to a CPA.

If you own property, I would be more worried about the empty home/speculation taxes being introduced at the various provinces. If you are renting the property out you have to pay tax as a non-resident on the rental income and the property must be managed by a property management firm or else it is considered “residential ties” to Canada

[Aramis]

It would seem that you could potentially have a problem here and you need to address this ASAP. If you have a property in Canada, it should be rented at arms length preferably through a property manager with documentation. In that case, you should have been filing tax returns where you would have noted that you are a non resident.

If you did not do this, you are technically deemed a resident of Canada(since you have a residence you can return to at anytime) in which case, you are liable for taxes on your worldwide income. Of course, you could get away if it as long as you don't get audited but if you do, you will pay dearly.

Non residency in Canada doesn't just mean that you are away and you just file a piece of paper, it means that you have no immediate intention to return and you have severed ties(residence, jobs, bank account, credit cards, drivers license, health cards). Some of these are minor and don't matter much on their own like a DL but a residence, a leave of absence from a job or keeping a health insurance cards are big no nos.

So it looks like you might be in a spot of trouble and really should consult a tax professional to sort your issues unless you like to gamble. Let me tell you that the arm of the CRA is long and if you have assets in Canada, they can come after them if they decide you owe them money.