Hi! My husband recently moved to USA for job purpose and declared non residentcy in Canada. I moved to USA too under the TD visa. ?

Question

I would like to know do I have declare non residentcy too? I have a son. I know if I declare then my son will not get his child benefits. I personally don't want to declare as I am not working in USA and I have a small business in Canada. My husband thinks we all have to declare. I am really confused. Any help would be greatly appreciated. Thanks

Answer 1

Favorite Answer

IF you & the child are not actually residing in Canada, there's no right to child benefits. Attempting to continue obtaining such benefits when you are not actually residing in Canada is fraud.

There are also tax implications. Canada does not assess income tax in Canada on non-residents who are out of the country for a year or more. Failure to declare non-residency in Canada probably has serious tax consequences. Your business in Canada, depending on legal structure, might have to file Canadian taxes, but your husband's earnings in US would not be subject to Canadian taxes. You need proper legal advice from a Canadian attorney if your business in Canada is ongoing while you are outside Canada. That complicates your situation.

Answer 2

Your departure was recorded when you left Canada.

Answer 3

If you do not live in Canada any more, then you are not considered a resident.  It is simple.  If you want the benefits Canada offers, you have to live there.  That's how it works.

Answer 4

If you don't reside in Canada anymore, then you are a non-resident. It's really a very simple concept. Since you stated you "moved" to the United States, you are indeed no longer a resident of Canada.

Whether or not you tell this the Canadian government or risk eventually being prosecuted for fraud is something you have to figure out.

Source(s): An immigrant from Europe, I live on the American Riviera and work as an attorney in Santa Barbara, California.

• evan3 weeks agoReport

  Thanks for the answer