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Residency, filing deadlines, interest and penalties

14 How does the CRA assess residency?

Amrick Sidhu and Manisha Soorah

Residents of Canada are divided into three main categories: part-year residents, ordinary residents and deemed residents.  We’ll address ordinary and deemed residents now (part-year residents will be addressed later in the textbook).  Both ordinary residents and deemed residents are taxable in Canada on their worldwide income. Ordinary residents are assessed based on their Primary/Significant and Secondary residential ties in Canada, with more emphasis being placed on the Primary/Significant residential factors.

Primary/Significant residential ties include whether a dwelling place is available for an individual to use in Canada, and the location of that individual’s spouse and dependents.

There are lots of Secondary residential ties including Landed Immigrant Status, whether an individual has medical insurance, membership in local clubs, citizenship etc.  Again, all these factors are considered as a whole – with Significant ties given more ‘weight’ – when assessing residency.

Factors used in assessing residency flowchart.Factors used in assessing residency are significant factors like dwelling place, spouse and dependents, and secondary factors like landed immigrant status, medical insurances and memberships, medical insurance etc.
Figure 14.1 Factors used in assessing residency [Image Description]

Some individuals are ‘deemed’ to be residents of Canada despite not meeting the requirements for ‘ordinary’ residents.  These deemed residents are broken into two basic categories: Individuals required to live outside Canada by virtue or their employment with (or connected to) the Canadian government; and Sojourners, i.e. individuals who are temporarily resident in Canada for 183 days or more in the year.

Types of Deemed ResidentsCanadian government employee required to live outside of Canada Sojourner temporary resident in Canada for ≥ 183d in yr
Types of deemed residents Note, in the image (above left) the reference should be to ITA 250(1)(b) and (c) rather than ITA 250(a)

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Author: Amrick Sidhu, June 2019

Author: Arminder Sandhu, August 2019

 

References and Resources:

IT Folio S5-F1-C1: Determining an Individual’s Residence Status

Image Descriptions

Figure 14.1 Image Description: Factors used in assessing residency are significant factors like dwelling place, spouse and dependents, and secondary factors like landed immigrant status, medical insurances and memberships, medical insurance etc. [Return to Figure 14.1]

June 2019

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Introductory Canadian Tax - 2nd Edition Copyright © 2025 by Sam Newton and Wahaj Awan is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, except where otherwise noted.

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