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Canadian Deemed Departure Tax

Canadian Deemed Departure Tax

If you are currently a Canadian tax resident who is thinking of leaving Canada to move to another country, you should consider the tax implications of the Canadian Deemed Departure Tax. At a high level, the Canadian Deemed Departure Tax is a deemed disposition of all of your assets (other than those assets which are eligible to receive an exemption) for their fair market value (FMV) immediately before the end of your Canadian tax residency. The Canadian Deemed Departure Tax was introduced to maintain Canada’s right to tax any gain that was earned during your Canadian residency period. It was originally established after a prominent family left Canada with significant gains that were not taxed upon their departure.

Exceptions to the Deemed Departure Tax

There are five general asset exceptions to the Canadian Deemed Departure Tax:

Departure Tax Filings

In your year of departure from Canada, ensure that you report your Date of Departure on your T1 – Income Tax and Benefit Return. This informs the Canada Revenue Agency (CRA) that you are no longer a Canadian tax resident. You may also need to complete the following information forms along with your T1 Departure Return:

Canada-U.S. Tax Treaty – Article XIII (7) Election

If you are departing Canadian tax residency and subject to the Canadian Deemed Departure Tax, you can elect to have sold and repurchased property at FMV for U.S. tax purposes prior to emigration from Canada. For a U.S. resident individual, this election accelerates U.S. tax but allows a foreign tax credit to be claimed on the U.S. tax return for the amount of Canadian Deemed Departure Tax paid. For a non-U.S. resident person, this election adjusts the U.S. cost basis of the assets subject to the Canadian Deemed Departure Tax to their FMV on date of departure from Canadian tax residency.

Other Possible Elections

There are various loss elections, payment deferral elections, and former resident elections that can be made to reduce or reverse the Canadian Deemed Departure Tax. These are beyond the scope of this blog, but we are happy to discuss the applicability of these elections to your individual situation.

Conclusion

Quantifying your Canadian Deemed Departure Tax can be a difficult task. This is further complicated by the various exemptions and elections available. It is best to review your unique situation with a qualified cross-border tax advisor and financial planner as soon as you consider a move from Canada and well ahead of the actual move date. There may be opportunities to structure your financial affairs before being subject to the full Canadian Deemed Departure Tax or opportunities to better structure yourself after leaving Canadian tax residency. For more information, please contact Cardinal Point.

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