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Vin19
Level 2

Residency Question Entry Date

I have a client who entered Canada in July 2022 as a Visitor. Ofcourse, not allowed to work, hence no 2022 tax return was filed... Now, stayed here, never left Canada, and found a job that sponsored her change of status in 2023. She got a work permit, September 2023. Now, filing her 2023 Tax Return. How do I even fill the Residency (See picture)
Do I enter the date when she was issued the work permit? Even though she has been here since July of 2022?
 
Also, is this becoming a trend?
3 Comments 3
janisbossenberry
Level 7

Residency Question Entry Date

Regardless of work status, you enter the date on which the person became a permanent resident of Canada.  If they were just a visitor until September 2023, then the September 2023 date would be the correct date.  This will also have to be coordinated with the country they left.  An individual cannot be "stateless".  Where was their permanent residence prior to being allowed to stay in Canada?

Vin19
Level 2

Residency Question Entry Date

She is a citizen in the Philippines and came in her in a Visitor's Visa. But that's I'm not getting about the residency. I talked to my boss too and seems unsure. 

Client came in in Visitors Visa, found someone to sponsor her and was given a work permit. From Visitor's Visa to Working Permit. No, Canadian Permanent Residence, Just work permit. 

janisbossenberry
Level 7

Residency Question Entry Date

She is a resident and has to file in whichever country she has a home available, closest ties, licenses, bank accounts, etc.  There is a tax convention between the two countries which will determine whether she is considered a permanent resident for filing purposes.  In Canada, you file a tax return if you are resident, usually more than 180 days.  Normally, treaties say that if a home is only available in the one country (for example, only in Canada, no home available in the Phillipines), then you are considered a resident of that country for filing purposes.  There are various tie breaker rules if you have a home and close ties to both countries.

 

The tax convention will also determine the tax treatment of employment income earned in a country where the individual is not considered a resident.  For example, if the stay is temporary and they have a home in the Phillipines to go back to.  It is really important that you look at the tax convention between the two countries.

 

Note that 99.9% of the countries in the world tax based on residency.  Only the United States and one other country I can never remember the name of tax based on citizenship.