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Factual resident or Deemed resident or non-resident? We moved back to Canada at the end of the year and want to know if we can claim moving expenses from California

We spent most of 2013 in the USA where my husband was working there on a working visa for a Canadian company with offices in the US. Our house in Ontario was rented. I moved back to Canada at the end of August with the kids and my husband moved back to Canada at the end of October. He has been working with the same Canadian company all year long, based in California from Jan - Oct and based in Ontario in Nov and Dec. How do we know if we are Factual - deemed or non-residents for the purpose of claiming moving expenses? 

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New Member

Factual resident or Deemed resident or non-resident? We moved back to Canada at the end of the year and want to know if we can claim moving expenses from California

Residence can really only be determined by Canada Revenue.  You will need to explain the situation, they will probably send you a questionnaire.  Expect your residence status to take them a bit of time.  Another issue of interest is your home which was rented.  Did you move back into it, or did you rent or live elsewhere.  If you moved back into the home, make an appointment with an accountant to discuss any potential tax problems.

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New Member

Factual resident or Deemed resident or non-resident? We moved back to Canada at the end of the year and want to know if we can claim moving expenses from California

Residence can really only be determined by Canada Revenue.  You will need to explain the situation, they will probably send you a questionnaire.  Expect your residence status to take them a bit of time.  Another issue of interest is your home which was rented.  Did you move back into it, or did you rent or live elsewhere.  If you moved back into the home, make an appointment with an accountant to discuss any potential tax problems.

View solution in original post

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New Member

Factual resident or Deemed resident or non-resident? We moved back to Canada at the end of the year and want to know if we can claim moving expenses from California

I came back to this to file just before the deadline. For Canada, we are non-residents until the time we came back and residents from the time I came back with the kids. We can't be factual residents because Canada has a tax treaty with the US and we are considered residents for tax purposes there. We can't be deemed residents because we spent less than 183 days in Canada and we were considered residents for tax purposes in the US. For the house, we have to file Rental Income for the whole year (we couldn't move back to the house until the contract ended in 2015) because it is Canadian source income and the US can't tax us on it because of the tax treaty.
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