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Residence Alberta & Manitoba

#21 User is offline   Easter1 Icon

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Posted 18 April 2008 - 04:54 PM

Christine,

Great question, but I am sure probably one of the last that will be asked here!

Good job guys, a great question that deserves some respect there was some thought put in before she posted.

I believe you should query the client to define their intent.

Easter

PS RL Tax Joe, I won't put a stick man up for my avatar when you get suspended for nonsense like that!
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#22 User is offline   JohnV Icon

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Posted 18 April 2008 - 04:57 PM

It's true residence can be complicated

I have a student at UBC...doing a doctorate...as a student, he can certainly be resident in Ontario...at the address of his parents

BUT, he married mid year, and his wife of course lives with him....and works full time...in, yup, BC...and they moved there, and of course are claiming moving expenses

Now where is their province of residence???

Their intent is to move back, they still hold Ontario licenses,OHIP cards....

You can chime in of course...not that I'm looking to you specifically to answer this.

Just an example of situations that crop up....
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#23 User is offline   unknown Icon

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Posted 18 April 2008 - 05:05 PM

there you bring up another issue that has a bearing on the question:

Moving expenses!
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#24 User is offline   spenceh Icon

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Posted 18 April 2008 - 05:29 PM

View Postdunner, on Apr 18 2008, 10:34 AM, said:

Alberta's still in Canada, though, for the time being. :D

Yes, but the questions on the forms are the ones used to determine residency. Ottawa has no problem using them to determine province of residency as well. The form is simply the vehicle to convey the information necessary to make a determination.
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#25 User is offline   dunner Icon

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Posted 18 April 2008 - 05:38 PM

Quote

Yes, but the questions on the forms are the ones used to determine residency. Ottawa has no problem using them to determine province of residency as well. The form is simply the vehicle to convey the information necessary to make a determination.


I agree that residency can be determined using guidelines used by all kinds of jurisdictions. I just haven't seen the International Tax Office issue a determination of provincial residency (but I've led a sheltered life).
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#26 User is offline   JohnV Icon

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Posted 18 April 2008 - 05:49 PM

Yes Bert....but not necessarily

A student can claim moving expenses for a move to university\college..and claim against income (the "right"income..right?) ...and still be a resident of the province and address he\she left.....

Perhaps this principle is applicable to other situations....not that I'm thinking too hard on that one....
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Posted 18 April 2008 - 06:15 PM

Like I said, Jantje, it has a bearing on the issue,

that does not mean it is determinative...
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#28 User is offline   Carole Icon

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Posted 19 April 2008 - 01:35 PM

View PostJohnV, on Apr 18 2008, 05:49 PM, said:

Yes Bert....but not necessarily

A student can claim moving expenses for a move to university\college..and claim against income (the "right"income..right?) ...and still be a resident of the province and address he\she left.....

Perhaps this principle is applicable to other situations....not that I'm thinking too hard on that one....


"However, you can only deduct these expenses from the part of your scholarships, fellowships, bursaries, certain prizes, and research grants required to be included in your income. You can also claim moving expenses when you move back after a summer break, or a work semester if you have income earned at the new location.
The rules that apply to an employed or self-employed person apply to you(student) if you move to a new location in Canada to work (including a summer job) or to run a business"


so on the moving expenses question for students (swaying off topic I think) - move from QU to ON and get bursary income which is not taxable now, so nothing to deduct against, but 4 years later student stays in that city and gets a job...carryforward moving expenses?
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#29 User is offline   JohnV Icon

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Posted 19 April 2008 - 02:05 PM

Interesting question

Not based on research, but my gut feel says no

Moving expenses are deductible against the income you "moved closer to"

In your case, there was no new job, or at least no income to offset against moving expenses

So they are not claimable in the first instance
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#30 User is offline   centaur25 Icon

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Posted 18 July 2010 - 10:10 PM

View PostJohnV, on 19 April 2008 - 06:05 AM, said:

Interesting question

Not based on research, but my gut feel says no

Moving expenses are deductible against the income you "moved closer to"

In your case, there was no new job, or at least no income to offset against moving expenses

So they are not claimable in the first instance


AND SO THE TRUTH shall set you free.
and i agree with the truth thath you, JohnV, said.

APRROVED!!#!@$!@$@%
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