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Non-resident of Canada investments
July 11, 2015
5:44 pm
geefer
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I am a Canadian citizen working in US. I recently moved to the USA and intending to declare my self a non-resident of Canada starting January 1st, 2016 for tax purposes. When i first consulted many investors advised me the best form of investments i can do in Canada is buy ETF's. However, my bank has sent me an email mentioning that as a non-resident of Canada, i cannot buy or sell ETFs after declaring my self a non-resident of Canada. I am a bit doubtful about this but this may also be a tactic to lure me into buying their mutual funds.

I would like to get professionals opinion on this.
Thanks

July 11, 2015
7:37 pm
Loonie
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I am not a professional. If you want a professional opinion, you should consult a professional accountant or tax lawyer.

That said, the bank may be correct. The criteria for CRA accepting that you are non-resident are extensive. I believe they can be found online.

July 11, 2015
8:32 pm
Norman1
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There is an issue with a US resident transacting securities that are not registered with the SEC. There is also an issue with a US resident transacting securities through a broker not registered with the SEC.

The SEC article Canadian Tax-Deferred Retirement Savings Accounts has some details.

July 13, 2015
12:56 pm
AltaRed
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There is considerable information on that issue in Financial Wisdom Forum and its accompanying financial wiki (finiki) as well as on Canadian Money Forum. There is also much information on the Serbinski tax forum.

Bottom line is mutual funds and ETFs are essentially structured as Trusts and thus considered PFICs (Passive Foreign Investment Company) by the IRS and all the painful associated reporting, never mind the trading issues associated with the SEC. In other words, be prepared for costly tax reporting by a highly knowledgeable cross-border tax accountant.

The bank rep* is wrong about the selling part. One can always sell while a non-resident, but a non-resident cannot buy such securities, at least in a non-registered account. There may be some leeway in RRSPs, i.e. they are recognized as retirement accounts by the IRS and SEC and it is acceptable to hold such securities in them. Forget about a TFSA as well. It is not recognized by the IRS as a tax sheltered account and all income will be taxable in the USA.

Talk to a knowledgeable cross-border tax accountant well before leaving for the USA so that you can structure your accounts and holdings accordingly. Also, be aware that all holdings in a taxable account will be deemed sold at market value on the day one leaves the country for the USA. Capital gains will be taxable whether the securities are actually sold or not. Note it is important regarding the day of exiting the country. If the OP leaves on December 31, 2015, all this cap gains will be payable on the 2015 tax return. If the OP leaves on January 1st or later, the cap gains will most likely not be payable until the 2016 tax return is filed (check with the accountant to be sure). Also, be sure to hold on to the documentation when entering the USA so that date of exit from Canada can be documented.

* Bank reps are not knowledgeable on cross-border taxation and security matters. Brokerage representatives are more familiar with these matters. Cross-border tax accountants even more so.

August 13, 2015
5:44 am
dot
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Loonie said

I am not a professional. If you want a professional opinion, you should consult a professional accountant or tax lawyer.

That said, the bank may be correct. The criteria for CRA accepting that you are non-resident are extensive. I believe they can be found online.

I am probably not in the correct section but I am living in England and looking to open a interest bearing account but with instant access as we are currently applying for a work visa. Can you tell me, is there a safeguard with the Canadian banks as with the English banks that if they collapse the first (i think its currently £80,000) of your money is safeguarded by the gov. and if so would it apply being I am not a resident?

August 13, 2015
6:24 am
Koogie
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dot said

I am probably not in the correct section but I am living in England and looking to open a interest bearing account but with instant access as we are currently applying for a work visa. Can you tell me, is there a safeguard with the Canadian banks as with the English banks that if they collapse the first (i think its currently £80,000) of your money is safeguarded by the gov. and if so would it apply being I am not a resident?

Welcome. Yes, there is. It is called CDIC (Canadian Deposit Insurance Corp.) http://www.cdic.ca You should check that any institution you want to deposit with is a member. Canada has 5 big banks (some would argue 6) and they dominate the marketplace. Some smaller banks and trust companies are insured as well by provincial equivalents of the CDIC.

The current limit for CAD deposit accounts is $100,000.00 Most deposits are covered, some aren't. It would be worth 5 minutes of your time to read the website and make sure what you want is. Most chequing and deposit accounts in CAD are.

Cheers.

August 13, 2015
10:51 am
Loonie
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Agree with Koogie.
I'm not sure if there are any residency requirements for CDIC, as it is not a question Canadians normally ask. If there is no reference to this on their website, you should pose the question directly, just to be sure.

I would stick with the "Big 5" until you get settled in Canada. They are much better equipped for foreign transactions. And it is highly unlikely that any of them will default in the foreseeable future. Canada is unlike the US in this regard.

The Big 5 are: TD (Toronto-Dominion Canada Trust), BMO (Bank of Montreal), CIBC (Canadian Imperial Bank of Commerce), RBC (Royal Bank of Canada) and Scotiabank (Bank of Nova Scotia). There is not much difference between them for your purposes. Perhaps ask your local bank in England which one they generally do business with, as they often have overseas counterparts (or at least they used to).

After you get here, you can look into the other smaller banks or credit unions which pay better interest.

You may run into difficulty opening such an account because you probably don't yet have a Canadian social insurance number. The banks will ask you for this, as they are legally required to report your investment income to the government for tax purposes. I don't know how this works if you don't yet have a number. You may have to speak to the bank's international department.

August 13, 2015
11:14 am
Jon
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Dot, you should use BNS/Scotiabank as they have ATM ties with Barclays (along with Deutsche bank and BNP Paribas plus other banks around the world that are also in the Global ATM alliance) which waive ATM usage fee on both end; they still charge for foreign exchange fee of 2%/3% which is include in the exchange rate. You will need to check Scotia's website for details however.

August 18, 2015
10:36 am
CDIC_SADC
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Koogie said

dot said

I am probably not in the correct section but I am living in England and looking to open a interest bearing account but with instant access as we are currently applying for a work visa. Can you tell me, is there a safeguard with the Canadian banks as with the English banks that if they collapse the first (i think its currently £80,000) of your money is safeguarded by the gov. and if so would it apply being I am not a resident?

Welcome. Yes, there is. It is called CDIC (Canadian Deposit Insurance Corp.) http://www.cdic.ca You should check that any institution you want to deposit with is a member. Canada has 5 big banks (some would argue 6) and they dominate the marketplace. Some smaller banks and trust companies are insured as well by provincial equivalents of the CDIC.

The current limit for CAD deposit accounts is $100,000.00 Most deposits are covered, some aren't. It would be worth 5 minutes of your time to read the website and make sure what you want is. Most chequing and deposit accounts in CAD are.

Cheers.

Hi folks, this is Jeams from the Canada Deposit Insurance Corporation (CDIC).

@dot

CDIC’s deposit insurance insures depositors’ savings against the failure of a bank or other financial institution if it is a CDIC member. Deposit insurance protection is the same for all CDIC member institutions. To be eligible for deposit insurance, deposits must be payable in Canada, and in Canadian currency. As a general rule, a deposit is considered to be payable in Canada if it is recorded at a branch or office of a CDIC member institution in Canada.

The place of residence or nationality of a depositor does not affect the eligibility of your deposits for CDIC coverage. Provided that the deposits meet the eligibility criteria described above, a non-resident or a non-Canadian citizen receives the same insurance coverage as a Canadian depositor residing in Canada.

Below are information on what’s covered and what’s not covered.

Eligible deposits are covered to a maximum of $100,000 per depositor and per member institution in each of the following categories.

• deposits in one name.
• joint deposits.
• trust deposits.
• RRSPs.
• RRIFs.
• TFSAs.
• deposits (savings) held to pay taxes on mortgaged properties

Eligible deposits include:

• savings and chequing accounts.
• Guaranteed Investment Certificates (GICs) and other term deposits of five years or less.
• money orders, certified cheques, travelers cheques and bank drafts issued by CDIC members.

Accounts and products NOT insured by CDIC
• foreign currencies
• mutual funds and stocks
• GICs and other term deposits with a date to maturity of more than 5 years
• bonds
• Treasury bills

For more information on CDIC and deposit insurance, you may wish to visit CDIC’s web site at http://www.cdic.ca.

Regards,

Jeams Cherestal
CDIC Communications

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