2.9 How are non-residents taxed in Canada?
Ritesh Dhall
ITA 2(3)(a) “Persons” non-resident in Canada are required to pay tax on their “Canadian Source Income”, which is income earned/generated in Canada. (1)
CRA assess residency based on a variety of factors such as the location of dwelling, where the taxpayer’s dependents and the spouse resides, and other personal property and social ties of the taxpayer to the country amongst others.
Example 2.9.1
Interactive Content
Author: Ritesh Dhall, March 2019
Interactive Content
Note: In the scenario in the bottom left corner of the image above, the individual would likely fall under the ‘sojourner rule’ and therefore, while the Canadian source income would be taxable in Canada, the individual would likely be considered a ‘resident’, rather than a ‘non-resident’ as discussed in the question itself. That is why it is considered ‘incorrect’.
Author: Rumabel Mateo, June 2019
References and Resources
- Income Tax Act, RSC 1985, c1, (5th Supp.) ss 2(3)(a), 248(1)
- Article – “Determining your residency status” (Author: Government of Canada)
- Article – “Non-residents of Canada” (Author: Government of Canada)
- Chartered Professional Accountants. (2022). The Chartered Professional Accountant Competency Map. Part 1: The CPA Competency Map: 6.5.2
Image Description
Taxation of non-residents: The image has a blue background with the title “Non-Residents of Canada Will be Taxed If:” on the left. Below the title, there are three bullet points: “Employment income is earned in Canada,” “Business income is earned in Canada,” and “Gains from real estate sold in Canada.” On the right side of the image, there is a world map with illustrations of six people standing on different continents, each holding a large green coin with a dollar sign on it.. [Return to Taxation of non-residents]
“How are non-residents taxed in Canada?” from Introductory Canadian Tax Copyright © 2021 by Ritesh Dhall is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, except where otherwise noted.