Non-Residents and Tax Lawyers
Canada taxes non-residents differently, but not lightly. Whether you’re selling property, collecting rent, or moving abroad, the Canada Revenue Agency (CRA) may still want a piece. A Toronto tax lawyer at Kirshen Tax Law can help you understand your Canadian tax obligations, reduce your exposure, and handle CRA enforcement from anywhere in the world.
When Is a Non-Resident Taxable in Canada?
Non-residents are taxable in Canada if they earn certain types of Canadian-source income, such as:
- Rental income from Canadian property;
- Capital gains on Canadian real estate;
- Employment or business income earned in Canada; and
- Dividends, interest or investment income.
CRA may also assert residency if your ties to Canada remain strong even if you believe you’ve left.
Common Non-Resident Tax Issues
We assist non-residents dealing with:
- Departure tax and deemed dispositions;
- T2062 and T2062A Certificate of Compliance requests for property sales;
- 25% withholding tax on rental income;
- NR4 and NR6 forms;
- S.216 Tax Return questions;
- Failure to file returns for Canadian income while abroad;
- CRA reassessments or audits claiming you’re still a resident; and
- Tax withholding obligations.
Even when you’re no longer living in Canada, you may still be on CRA’s radar.
Why Non-Residents Should Work with a Tax Lawyer
Tax law is jurisdictional, but enforcement doesn’t stop at the border. CRA can:
- Reassess old years while you’re abroad;
- Garnish rents or proceeds from Canadian property; and
- Deny treaty benefits or apply domestic rules aggressively.
A Toronto tax lawyer can help clarify your residency status, respond to CRA reassessments, and manage tax filings and disputes under the Income Tax Act and applicable tax treaties.
Legal Support Across Borders
At Kirshen Tax Law, we act for clients around the world who need trusted legal support in Canada. We:
- Determine your tax residency and exposure;
- Coordinate filings and handle objections with CRA;
- Work with your accountant or foreign counsel;
- Defend you in tax audits or reassessments; and
- Assist with real estate transactions and required filings.
We understand the challenges of navigating a foreign tax system from abroad and we make the process efficient, strategic, and responsive.
Kirshen Tax Law Can Help
If you’re a non-resident facing Canadian tax obligations, don’t leave your situation unresolved. A Toronto tax lawyer at Kirshen Tax Law can help you manage risk, respond to CRA, and resolve issues remotely. Book a free consultation today.
Jeff Kirshen BA, JD (CA), JD (US)
Tax Lawyer | Founder, Kirshen Tax Law
Disclaimer
The content on this website, including articles and blog posts, is provided for general informational purposes only. It reflects the laws and regulations as of the date of publication, which may have since changed. This content is not intended to serve as legal advice and should not be relied upon as such. Tax laws and situations can be complex and unique to each individual. The information provided may not apply to your specific circumstances. For personalized advice regarding your tax or legal matters, we recommend consulting a qualified lawyer.