Cutting the Residency (Ontario) ties.

[GordMay]

Originally Posted by anacapaisland42

Anybody know about USA entry at Oswego? ...

U.S. Customs and Border Protection
Oswego Station
19 East Schuyler Street
Oswego, NY 13126
Phone: (315) 342-7017
Fax: (315) 342-7639

➥ Oswego Station | U.S. Customs and Border Protection

➥ Pleasure Boats and Private Flyers | U.S. Customs and Border Protection

➥ Northern New York State | U.S. Customs and Border Protection

[Vasco]

Originally Posted by anacapaisland42

Anybody know about USA entry at Oswego?

Bill

Last time I went through Oswego was over ten years ago but I understand the procedure is still the same. There is a videophone at Oswego marina and you can get a cruising permit via the marina's fax.

[Prairie Chicken]

Many years ago when we were living & working overseas we researched giving up our Canadian residency. I still recall how difficult it was. You could own property but it had to be at arm's length--rented out thru a property manager if I recall. Any clothes left in the closet--you're a resident. Child in school? You're a resident. Still have your driver's licence? You're a resident. Short story: It wasn't worth it for us.

A big question is if you will have income in Canada? If not, it should be relatively easy for you or your accountant to file a tax return electronically. Assuming you are earning income from investments or otherwise, I would still think it would be possible to have your mail (with T3s, T5s, etc.) sent to a responsible adult who could then forward documents to your accountant to file the return. Given electronic communications now, I think it should be doable.

[travellerw]

Originally Posted by Prairie Chicken

Many years ago when we were living & working overseas we researched giving up our Canadian residency. I still recall how difficult it was. You could own property but it had to be at arm's length--rented out thru a property manager if I recall. Any clothes left in the closet--you're a resident. Child in school? You're a resident. Still have your driver's licence? You're a resident. Short story: It wasn't worth it for us.

A big question is if you will have income in Canada? If not, it should be relatively easy for you or your accountant to file a tax return electronically. Assuming you are earning income from investments or otherwise, I would still think it would be possible to have your mail (with T3s, T5s, etc.) sent to a responsible adult who could then forward documents to your accountant to file the return. Given electronic communications now, I think it should be doable.

This is pretty much spot on for the research I did. Although its possible to give up residency, it was very difficult. After talking with CRA, I won't even bother filling out the form as I'm %99 sure I will be denied removal of residency.

I'm not worried about filing taxes. All my income will be from investments and property. It will take me about 1 hour to fill out my electronic tax forms and file (assuming an Internet connection). Much easier now than it would have been in the 90s.

[foothillsailor]

Qualifying criteria for provincial health coverage varies from province to province and depends upon the particular plan's provisions---look them up

"Residency" for Canadian tax purposes has little to do with where you actually may sleep at night but is determined by looking at a variety of factors intended to evaluate the extent of your connection with a jurisdiction and can include things such as property ownership, investments, bank accounts, where income earned...even church, club, or community membership/participation.

A couple of things about tax residency: - it is not uncommon for a person to be found to be resident of more than one place?

Also if you cease to be a resident of Canada for tax purposes then be prepared for a large tax bill as generally you will be deemed to have sold everything and will likely have all your taxable capital gains all fall into your taxable income in the same year.

Which to my mind makes questionable the views of a previous commentator that getting the advice ahead of time of a lawyer or accountant would be waste of money.

When I was practising law, I always welcomed such a viewpoint because simply it meant: "pay me a little now, or pay me a lot more later to get you out of your own screw-ups....your choice"

Oh by the way....the above is not legal advice to relied upon....and besides....it's worth exactly what you paid for it

[travellerw]

Originally Posted by foothillsailor

Which to my mind makes questionable the views of a previous commentator that getting the advice ahead of time of a lawyer or accountant would be waste of money.

When I was practising law, I always welcomed such a viewpoint because simply it meant: "pay me a little now, or pay me a lot more later to get you out of your own screw-ups....your choice"

Oh by the way....the above is not legal advice to relied upon....and besides....it's worth exactly what you paid for it

Spoken like a true lawyer who believe the average public is incapable of doing thier own research.

I will trust the research I have done with the CRA (the people who enforce the laws) long before I will trust a lawyer (who institutes clauses to protect against litigation of their "advice").

I'm confused by your "Capital Gains" statement. Sure I sold all my stuff, but unless it was property used for income, there would be absolutely no gain. Not sure how there can be a gain when EVERYTHING I sold was for WAY less than I bought it for, with the excecption of my principal residence which I lived in for longer than the exemption. The basics of capital gains rules and laws are easily researchable on this site.
Line 127 - Capital gains

Frankly.. The path this thread has taken is one of the reasons that %99 of posters on these forums never leave the dock. They are lead to beleive its way more complex than it is get out there. It becomes overwhelming and they get mired in the details instead of actually "doing it". I mean seriously.. 10s of thousands of people leave the country for extended periods every year. The information to do that with the least amount of issues, is easily accessable to anyone who looks. Even moreso these days!

[svhydra]

i am in total agreement with travellerw. fairwinds everyone

[Stu Jackson]

Originally Posted by travellerw

Frankly.. The path this thread has taken is one of the reasons that %99 of posters on these forums never leave the dock. They are lead to beleive its way more complex than it is get out there. It becomes overwhelming and they get mired in the details instead of actually "doing it". I mean seriously.. 10s of thousands of people leave the country for extended periods every year. The information to do that with the least amount of issues, is easily accessable to anyone who looks. Even moreso these days!

Thank you for stating the obvious.

For the OP, research is something you need to do. I read this forum daily (mostly, unless I'm out on the boat). I have some mild interest in things Canadian since my wife & son are Canadian citizens, so I read them.

The search engine on this forum is very good. This subject has been discussed many times (for both residency AND health care).

Lots of cruisers from Canada sail south, from both the east coast and the west coast, as well as the Great Lakes.

They actually do it every year.

This is nothing new. Really.

If I wanted to do a search, I'd try: Canadian residency, Canadian health care, snowbirds...

Get creative in your search terms. If I didn't have to go fix my exhaust riser today, I'd do the homework and research for you, but that would tend to negate my entire message to you to do it yourself.

The information is out there, and they include links to the very Canadian ONLINE government websites which explain it all.

Good luck, happy planning and safe journey.

[foothillsailor]

Dear 'confused' Travellerw

If you want to do your own legal research then go for it. You can also extract a tooth yourself or paint your own car....just don''t be surprised at the resulting pain or outcome.

And if you want to take the supposed "advice" of the 'foxes' (ie. The tax collector----Revenue Canada) then don't be surprised when you start to get 'plucked' when you hear what they say about the comments their personnel may have said to you (of course you have made sure that you have properly documented that advice and have confirmed it in writing haven't you?

Lastly, I can appreciate your being confused because you apparently overlooked that I was referring to TAXABLE capital gains or possibly didn't appreciate the distinction between it and NON-taxable gains.

In any case, you can do as you like ....... I just wanted readers to be aware that if they do cease to be residents of Canada (legal question) that there are significant potential downsides .... And that IMHO they should at least get some preliminary professional advice.

(As an aside..... It sounds like you must have had a bad experience with a lawyer....bad advice? A divorce? A bankruptcy? Bad contract? Lost a lawsuit?...or .......? .......better luck next time

[FamilyVan]

Originally Posted by travellerw

Spoken like a true lawyer who believe the average public is incapable of doing thier own research.

I will trust the research I have done with the CRA (the people who enforce the laws) long before I will trust a lawyer (who institutes clauses to protect against litigation of their "advice").

I'm confused by your "Capital Gains" statement. Sure I sold all my stuff, but unless it was property used for income, there would be absolutely no gain. Not sure how there can be a gain when EVERYTHING I sold was for WAY less than I bought it for, with the excecption of my principal residence which I lived in for longer than the exemption. The basics of capital gains rules and laws are easily researchable on this site.
Line 127 - Capital gains

Frankly.. The path this thread has taken is one of the reasons that %99 of posters on these forums never leave the dock. They are lead to beleive its way more complex than it is get out there. It becomes overwhelming and they get mired in the details instead of actually "doing it". I mean seriously.. 10s of thousands of people leave the country for extended periods every year. The information to do that with the least amount of issues, is easily accessable to anyone who looks. Even moreso these days!

Really? I didn't get that from this thread. The OP is planning a longer trip and was just asking if anybody had any pointers. I agree there would be no sense in me talking to a lawyer, some people consult their lawyers regularly, especially business owners.

Sent from my XP7700 using Cruisers Sailing Forum mobile app

[travellerw]

As with most CF threads, the point was made on the first page. The information is out there if you look.

I hope to see you all "out there"! Fairwinds...

[bfloyd4445]

Originally Posted by Mike OReilly

There are different issues or different stati being discussed here. Maintaining eligibility for OHIP, or other provincial health plans, is actually pretty straightforward (from my reading of the info anyway). Comes down to number of days spent in the province. There are special exemptions, including the 2-year "vacation" leave, which when I read it was a one-time offer. Perhaps this has changed... I will check when I get a computer.

Residency for CRA purposes is different than for provincial health plans. I could not find any clear-cut definitions. It came down to a set of benchmarks. Hit enough of them and you likely remain a resident for tax purposes. As I recall having property is just one on the checklist. Maintaining Canadian bank accounts or other financial interests is another. Having a mailing address. Even having family or other assets in Canada all count. I'm sure, as ML says, any interview with CRA will first establish your residency with regard to taxes.

For those of us travelling in the USA I'm personally more worried about getting claimed by them. Their three-year weighted scale appears rather convoluted to me, although I've not yet thought about it much yet. Will start applying to me soon.


Why go fast, when you can go slow

with a canadian address you should be fine in the usa