Who Is Required to Pay Canadian Income Taxes?

by Tax Guy on May 13, 2010 Print This Post Print This Post

One of the most common questions I am asked is “do I have to pay Canadian Income Taxes?” The answer is always the same. If you are a resident of Canada then you must declare and pay tax on your worldwide income. If you are not a resident of Canada, then you only pay tax on Canadian source income.

Residency for Canadian Tax Purposes

There are a number of factors that must be considered to determine if you are a resident of Canada for tax purposes. Typically anyone visiting (“sojourns”) Canada for 183 days or more may deemed to be a resident of Canada for tax purposes and is subject to Canadian income tax on their worldwide income for the entire year.

There are a number of other factors that can establish residency for tax purposes even if you are in Canada less than 183 days. These can include maintaining a home in Canada, having relatives in Canada, having bank accounts in Canada or other social or economic ties to Canada.

Non-Residents and Tax

Non-residents are required to pay Canadian income tax on their Canadian source income. Since most income tax is withheld at the source, many non-residents do not have to file a Canadian income tax return. However, in some cases they may be required to file a Canadian income tax return.

The types of income that would be Canadian source income and included in a Canadian non-resident income tax return may include:

  • Employment income earned in Canada,
  • Business income from a business carried on in Canada,
  • Capital gains from the sale of taxable Canadian property, and

The non-resident must pay the federal tax rates applicable plus a premium, or surtax of 48%. This surtax is roughly equivalent to the provincial taxes that would be paid by a resident.

CRA Resources



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