Becoming Non-Resident: Leaving Canada

A practical guide for Canadian CPAs supporting clients who leave Canada.

Michael Cadesky guides CPAs through the core challenges clients face when leaving Canada, highlighting how to sever residential ties, apply treaty tie-breaker rules, and navigate the tax consequences of the deemed disposition on departure.

On-Demand
On-Demand

2 Hours CPD
2 Hours CPD

Included in Archive
Included in Archive

Course Overview

This program explains the full tax landscape that applies when an individual leaves Canada and becomes a non-resident. Using clear examples and treaty-based principles, the seminar walks through how residency is determined, how departure taxation works, and how Canadian-source income is taxed after an individual relocates. It highlights the practical steps involved in severing residential ties, establishing tax residency abroad, and navigating common problem areas such as treaty tie-breaker rules and ongoing connections to Canada.

The seminar also explores the tax consequences in the foreign country and the ways those rules interact with Canada’s system. Topics include the treatment of retirement plans, ownership of Canadian corporations, withdrawals from corporate structures and trusts, and exposure to double taxation. Throughout the program, CPAs gain a structured understanding of the technical requirements and the planning opportunities available before and after departure.
Learning Objectives
1
Determine when residential ties are sufficiently severed and what establishing foreign ties requires
2
Apply treaty tie-breaker tests to confirm a client’s tax residency status
3
Explain the main departure tax consequences, including deemed disposition and available exemptions
4
Identify key post-departure exposures such as withholding taxes, corporate withdrawals, and foreign-country taxation

Seminar Snapshot

Date Recorded
December 11, 2018
Presentation
Yes
Slides
Yes
Detailed Notes
No
Technical Corner
No
Teach Test
No
Resources
No
Included in Archive
Yes

Becoming Non-Resident: Tax Rules & Risks

Duration
2.0 hours
CPD CPD Certificate
Category
International Tax
The course begins with the foundational concepts of residential status, focusing on the factors required to sever ties with Canada and establish ties elsewhere. It covers the role of tax treaties, including detailed guidance on permanent home tests, centre-of-vital-interests evaluations, habitual abode considerations, and the implications of being deemed non-resident under treaty rules. Special treaty anomalies such as those involving the UAE, Hong Kong, the U.K., and the U.S. are highlighted to show where residency determinations can differ from standard tie-breaker approaches.

You will then examine the tax rules triggered upon departure, including the deemed disposition of capital property, the availability of the principal residence exemption, the application of TOSI to certain shares, and the treatment of interests in Canadian resident trusts. The program continues with post-departure taxation of retirement plans, corporate distributions, and trusts, with emphasis on withholding tax regimes and planning techniques such as corporate redemptions, capital dividend strategies, RCAs, and conversion of corporate structures before relocating. To complete the picture, the course outlines how foreign taxation can interact with Canadian rules, the potential for double taxation, and the importance of early planning for estate tax, investment structures, and foreign FAPI-type systems.
After completing this program, you will be confident with:
  • Determining when a client has sufficiently severed residential ties to Canada
  • Applying treaty residency tests and advising on their practical implications
  • Guiding clients on withholding tax rules for RRSPs, RRIFs, pensions, and corporate shares
  • Recognizing the impact of foreign tax systems on Canadian assets and income streams
  • Advising on the use of RCAs, trust distributions, and structure adjustments before departure
This course is essential if you are responsible for:
  • Advising clients who are relocating, retiring abroad, or returning to their home country
  • Planning corporate share redemptions, reorganizations, or withdrawals for emigrating owners
  • Managing cross-border tax exposures for individuals with multi-jurisdictional assets
  • Supporting clients with RRSPs, RRIFs, pensions, or Canadian trusts after they leave Canada

Meet Your Presenter

Michael Cadesky

Michael Cadesky

FCPA, FCA, FTIHK, CTA, TEP (EMERITUS)

Michael Cadesky is the managing partner at Cadesky Tax and a committed contributor to the tax and accounting professions since 1980, earning the title of Fellow from CPA Ontario. He is a past governor of the Canadian Tax Foundation, past chair of STEP Canada and STEP Worldwide, and past chair of the CPA Canada Tax Committee for Small and Medium-Sized Enterprises. Michael is also the co-author of 11 books on tax subjects and the author or co-author of numerous papers and articles on Canadian and international taxation.

Frequently Asked Questions
Once you complete your purchase, you will create your account if you haven't already. You can access the course anytime through our platform. All Cadesky Tax Seminars programs come with one-year access.
Yes. This course is eligible for verifiable CPD hours for Canadian CPAs. A downloadable Certificate of Completion will be available once you complete all required modules.
Our programs are designed for CPAs and tax professionals who want to deepen their technical expertise. While no prerequisites are required, a working knowledge of Canadian tax will help you get the most out of the material.
On-demand courses include the full video presentation, downloadable slides, and additional resources mentioned in the Seminar Snapshot (Technical Corner, teach test, checklists).
Yes. You will have unlimited access to the course materials within the 1-year access period, so you can revisit the content anytime to refresh your knowledge.

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