My spouse has been living outside Canada for the past three years. He is a Canadian citizen. What do I enter as his residency status?

[ayseleren18 · Accepted solution]

Thank you for choosing TurboTax,

As per CRA, the most important thing to consider when determining residency status in Canada for income tax purposes is whether or not she/he maintains, or establishes, residential ties with Canada.

Significant residential ties with Canada include:

• a home in Canada
• a spouse or common-law partner in Canada
• dependants in Canada

The CRA determines an individual’s residency status on a case-by-case basis. The most important thing to understand is that the CRA will review your residential ties to Canada. The ownership of a home in Canada or the residence of a spouse or dependants are examples of primary ties to the country.

Because you live in Canada and you are the spouse of his/her, this means that there are significant residential ties with Canada. Therefore, you should enter her/his residency status as a resident.

However, if you want the Canada Revenue Agency's opinion on his/her residency status, complete either Form NR74, Determination of Residency Status (Entering Canada) or Form NR73, Determination of Residency Status (Leaving Canada), whichever applies, and send it to the address indicated on the form. To get the most accurate opinion, provide as many details as possible on your form.

Please see our TurboTax article of How Does Residency Status Impact Your Tax Return?  and read the topic  "Determining Your Residency Status"  to learn more about your spousal residency.

You can also visit the TurboTax FAQ- on how to contact CRA- https://turbotax.community.intuit.ca/community/federal-taxes/help/how-do-i-contact-the-canada-revenu... 

[TurboTaxKim]

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