Canadian in Brazil - David Ingram
Hi Gillian, here i am in brazil, enjoying myself very much. i have applied for a permanant visa based on the investor program here in brazil, which allows me to apply for a permanant visa for an investment of $50,000. now, a bit late, i guess i should do my homework. do i still have a credit with david? i believe i do, and i would like to use it to ask the questions listed below. i have not sent him a copy of the message at this time. if you believe i am entitled to the information, please forward a copy to David. thanks 1) what happens to my canadian citizenship if i take out a permanant visa in Brazil. (or who should i direct this question to?) i have rental property and investments (rrsp´s) in canada. i do not wish to give up my canadian citizenship. 2) my understanding is that there is a rule in canada, stating that i have to be in canada 6 months plus one day per year, (not sure where i got that info) 3) my understanding is that canada and brazil have a tax treaty, meaning i only get taxed by the country where i earn the income....no charge for the chuckle my ignorance must be giving you,haha! 4) to apply for a permanant visa in brazil i have had to form a limited company. i will be investing my $50,000 in a house which will be used to rent to tourists. the visa has an initial term of 5 years, after which i would have to prove that i am earning income, or hiring workers etc. 5) am i crazy?...maybe you can refer me to someone with an answer to that question...(again, haha) this country is beautiful, the real estate prices are excellent. i would be happy to stay here, but i know i have to be practical. i believe that brazil has a bright future, and feel i am getting in close to the ground floor of opportunities. the area i am in is the state of xxxxxxxx, which is one (province) of brazil. 6) can you provide any suggestions of links for me to get information, i have written to the consulate etc. 7) there may be a question that i have missed in asking you regarding what i am doing, please provide any general or specific information for a person such as myself who wishes to spend time and invest money in brazil. i realize i will have to get the brazilian information here, but i mean what i need to know regarding taxes and citizenship in canada. thank you for any help you can provide. --------------------------------------------------- david ingram replies: 1. Unless you renounce your Canadian citizenship, you will remain a Canadian citizen. 1(a) You may be referring to Canadian residency. If you are leaving Canada to live in Brazil, you must file Forms T1161 and likely T1243 and T1244 to calculate any accrued Capital gains on your Canadian property. For instance, any increase in value of the Hedley property becomes taxable but you do not need to pay the tax as you leave as it is real estate and there are withholding taxes in Canada if you sell it as a non-resident. 2. The six months plus one day means that you can keep your BC medical (Now BC Health) alive. If you are here six months plus a day, you do NOT need to file the forms I mentioned above. 3. Article IV of the Canada Brazil Tax Treaty determines where you pay tax on your world income. If you are in Canada six months plus one day you will have to report the Canadian income AND the Brazilian Income on your Canadian return. You would report the Brazilian income on your Brazilian return and if you had to pay any tax to Brazil, you would claim it as a foreign tax credit on lines 431 and 433 of your Canadian Tax return AND your BC Medical would remain active. 4. If you are in Canada six months plus a day, the Brazilian Corporation also has to file a Canadian Corporation return (after filing in Brazil) as its mind and control is in Canada BUT you get to keep your BC Medical alive. 5. Yes, you are crazy. 6. You might want to read the tax treaty which I have attached to this email. If the attachment does not work, you can get at it yourself and have it downloaded from the CRA at: http://www.fin.gc.ca/scripts/Publication_Request/request_e.asp?doc=brazil_e. pdf&title=Canada-Brazil+Income+Tax+Convention After the treaty, the world wide web is your buffet. 7. I think I am into your consultation for about an hour and 50 minutes so far between the time while I was on the road, your follow-up after and now almost another hour. The taxation and citizenship questions have been answered. Good Luck david ---------------------------- David Ingram's US / Canada Services US / Canada / Mexico tax, Immigration and working Visa Specialists US / Canada Real Estate Specialists My Home office is at: 4466 Prospect Road North Vancouver, BC, CANADA, V7N 3L7 Cell (604) 657-8451 - (604) 980-0321 Fax (604) 980-0325 Calls welcomed from 10 AM to 10 PM 7 days a week Vancouver (LA) time - (please do not fax or phone outside of those hours as this is a home office) email to taxman at centa.com <mailto:taxman at centa.com> www.centa.com <http://www.centa.com/> www.david-ingram.com <http://www.david-ingram.com/> Disclaimer: This question has been answered without detailed information or consultation and is to be regarded only as general comment. Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader and the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent and appropriately qualified legal practitioner or tax specialist for expert help, assistance, preparation, or consultation in connection with personal or business affairs such as at www.centa.com <http://www.centa.com> . If you forward this message, this disclaimer must be included." Be ALERT, the world needs more "lerts" David Ingram gives expert income tax & immigration help to non-resident Americans & Canadians from New York to California to Saudi Arabia to Mexico to China or Brazil - Cross border, dual citizen - out of country investments are all handled with competence & authority. 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