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Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3360
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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How can I stop paying taxes without going to jail, Ok,

Customer Question

How can I stop paying taxes without going to jail
JA: When we are ready I'll take you to the appropriate web page.
Customer: Ok
JA: What state are you in? It matters because laws vary by location.
Customer: Ontario canada
JA: Has anything been filed or reported?
Customer: My last filing was 2014 and it was changed and refilled by cra without my permission
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, can I work for a large company in canada and not have to pay taxes?
Submitted: 1 month ago.
Category: Canada Law
Expert:  Legal Ease replied 1 month ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 1 month ago.

If you are an employee then taxes will be deducted by the employer.

The only way to live in Canada and not pay taxes is not to have income.

I am sorry this is not what you wanted to hear but I wanted you to have a correct answer of course and I assume by posting you wanted an accurate answer.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Legal Ease replied 1 month ago.

Is there anything more I can help you with at this point in time?

Customer: replied 1 month ago.
CRA is a third party interloper , why do i have to deal with them if i font want to? Can i use a lawful excuse in order to stop them from dealing with me ? Can i give up citisenship and still be employed by a large company in canada?
Expert:  Legal Ease replied 1 month ago.

You have to give up your residency and not work in Canada to not pay taxes.

It has nothing to do with citizenship.

Anyone who is resident in Canada must pay taxes.

And any non-resident must pay taxes if they earn income in Canada.

There is no way around this. You know what they say. Two things are inevitable - death and taxes.

If you don't want to pay taxes move to a country that does not tax and cut all ties with Canada permanently.

And please rate me now as I did the work several days ago and should have been paid then but the site does not release my portion of what you paid them until you rate me.

Thanks and enjoy your weekend.

Customer: replied 1 month ago.
Do you know what lawfull excuse is? What legal dictionaries do you use?
Expert:  Legal Ease replied 1 month ago.

This does not apply to the right of the government to tax you or the right of a resident not to pay tax.

I don't want to argue with you and I also don't want to end up wasting my time because I can never give you the answer you want. I work on this site to earn money and cannot afford to work for free so it concerns me that you seem to not want to accept my answer at all even though I am senior lawyer and that I will end up working or free.

I don't mind continuing but I would like you to rate me now. I did the work for the main part almost one week ago and should have been paid then but the site does not release my portion of what you paid them to me unless you rate me positively.

Expert:  Legal Ease replied 1 month ago.

Is there anything more I can help you with at this point in time?

Customer: replied 27 days ago.
It was my understsding that questions are answered with accuracy and quoting about "death and taxes " isn't putting your work in as expected. I will rate you when satisfied as the advertisements claim. Is it possible to live in Canada and not be considered resident?
Expert:  Ulysses101 replied 27 days ago.

Good morning, thank you for the question.

Just so I'm clear, you filed in 2014 right? Are you a Canadian citizen right now residing in Canada?

Customer: replied 25 days ago.
I attempted to file but the filing was changed by someone in CRA, so I believe no contract existes . Do I have to be a citizen to reside or work on the land mass known as Canada?
Expert:  Ulysses101 replied 25 days ago.

You don't need to be a citizen to reside in Canada or to work in Canada.

But if you have income from a Canadian source then you have to report that income, whether or not you're a citizen.

What you're really asking is whether you can work in Canada without paying taxes. What you owe depends on your circumstances. But if you have income from a Canadian source you're obligated to report and file. A connection to Canada, which includes having bank accounts or property, triggers the obligation to report to CRA.

It's not unusual to have your return changed if they disallow some deductions or challenge exclusions from income. Also, if you don't file they'll enter numbers for you and send you a bill, which is meant to urge you to hurry up and file.

Does that make sense?

Customer: replied 25 days ago.
This does not make sense to me. Where do they get a contract from me to force me to participate? How can I remove that contract and stop the unlawful taxation ? CRA is a third party interloper so why do I have to deal with them at all if I don't feel it's beneficial to me?
Expert:  Ulysses101 replied 25 days ago.

You don't have to deal with CRA. You could leave Canada and cut all ties, then you don't have to file anything at all.

Your approach sounds like you're part of the Freeman movement, am I right?

Customer: replied 25 days ago.
your saying I have to pay taxes if I am on the land mass known as Canada regardless of the fact that I don't feel comfortable dealing with CRA because I feel they are part of a criminal organization ? I have questions not an "approach " . What is freeman movement ? What type of law do you practice and how long have you been in practice?
Expert:  Ulysses101 replied 25 days ago.

Your talk of having a contract with CRA sounds like the Freeman on the Land movement, I was just asking.

Yes, I'm saying that if you're going to have economic ties to Canada, whether you're a citizen or not, and frankly whether you live in Canada or not, you have to deal with CRA and government.

I've been a lawyer for over 15 years with a mixed practise. I've also had my own fights with CRA, so I have some sympathy for your position.

Customer: replied 25 days ago.
I'm not familiar with freeman on the land movenment , should I be looking into that group ? Would they be helpful with this issue? It was my understanding that resident means to hold office, so what if I don't hold office in Canada ? Do I still need to pay taxes ? I thought the law says I didn't have to do business with a third party if I didn't want to? CRA is a third party. They are not a government agency are they ?
Expert:  Ulysses101 replied 25 days ago.

CRA is a government agency. It's created by legislation and is fully funded by federal government monies. It's not an entity that you "contract" with.

You can look up Freeman on the Land yourself if you wish, they are all over the internet. You'll find them exciting and right up your alley, but I promise you that they won't help you. If anything, they'll hurt because they'll promote to you their fundamental misunderstanding of constitutional issues and people's rights.

If being a "resident" meant to "hold office" then only those who hold office would have to pay taxes, which obviously isn't correct.

Customer: replied 25 days ago.
Nothing is obvious to me , that's why I have questions and don't agree with CRA and their tactics (rtp) . Is it not true that a garnishment has to be applied for ? It's my understanding that a court order signed by a judge is required in order for it to be lawful. What law did you say your in now?
Expert:  Ulysses101 replied 25 days ago.

I do a mixed practise of law, mostly family law these days.

Yes, the CRA is a debtor like any other. It has more ways to collect on a debt and it has a streamlined process, not needing a court order to garnish from certain sources.

Here's a link for some details:

http://www.cra-arc.gc.ca/gncy/cllctns/rfspy-eng.html

Does that help? I'm not expecting you to like my answers since I know that it's not what you want to hear, but I hope that you won't shoot the messenger.

Customer: replied 24 days ago.
No unfortunately that does not help. If we are governed through the consent of the governed, what mechanism is available for those who wish to deny consent without having to leave their country of birth?
Expert:  Ulysses101 replied 24 days ago.

That question is beyond my purview. You asked about CRA powers and I'm trying to answer that question.

By knowingly choosing to live in a country under its government, you're implicitly agreeing to abide by the rules and laws of the government. Read some Socrates who accept his death sentence even though it wasn't just. If you're not allowed to leave, or to participate in the governance, then it's time for revolution.

Customer: replied 24 days ago.
How do I withdraw consent to be governed ? If the problem with taxes is that I'm forced to pay because some government agency called CRA says so then I don't want to be part of a dictatorship . How do I withdraw consent and have it legally recognized without it affecting my relationship at my work?
Expert:  Ulysses101 replied 24 days ago.

You can't. CRA is mandated legislation, with its own powers to prosecute and garnish.

What you're asking is the same thing as "how can I break the law and ensure that I don't get arrested?". You can withdraw from governmental jurisdiction by breaking all ties with the country and government. But if you have income from a source in Canada then reporting and filing is required.

If there was an easy answer to your question then nobody would pay taxes.

Customer: replied 24 days ago.
Your saying I have not choice but to stay part of a corrupt system ? We are not living in a free country? Do we not have a right to associate or not with a number?if I choose not to, then I would have no account with them, is that not true?
Expert:  Ulysses101 replied 24 days ago.

You're free to leave the system, corrupt or not, by leaving the country and having no economic ties to the country. If you don't want to pay any taxes to Canada then don't earn any money in Canada or spend any money in Canada.

You can find a corner of the world to set up your own country, like this guy did:

https://en.wikipedia.org/wiki/Principality_of_Sealand

Customer: replied 24 days ago.
This is where I was born and raised, this is my land. What gives cra and the government juristiction over me the man?
Expert:  Ulysses101 replied 24 days ago.

You're saying that be born in a specific place means that you own that place? You know that's not true. The only thing that you have control over absolutely is yourself.

You have the right to participate in your own governance, to take your government to court (if you believe that the government isn't acting lawfully and if the Supreme Court will hear your case), and to leave the country if you find yourself unable to live in the system that exists there.

By remaining in Canada, by accepting citizenship, by being employed in Canada and earning and spending money in Canada, and by owning property in Canada you are agreeing to be subject to the laws of the land. And if one doesn't want to fight the system or to try to change the system through the political process, then one is free to leave the land and system to live elsewhere.

Some legal discussion of the "social contract"

http://canliiconnects.org/en/commentaries/37662

Customer: replied 24 days ago.
then i choose to ;leave the CANADA which is legal entity, and will stay in Canada the geographical area, i am unaware of any law that requires you to exist within the former just because you were born in the latter. Or is there a law that claims differently ?
Expert:  Ulysses101 replied 24 days ago.

You're splitting hairs.

You're using Freeman thinking again, saying that the legal entity of "Canada" is sufficiently different from geographical "Canada" that you can opt out of the former at will.

You can live in Canada without working, you're certainly allowed to do that. If you earn no income and spend no money then you'll be paying no taxes. You're free to do that.

Customer: replied 24 days ago.
What gives anyone the right to my blood sweat and tears ? Who ownes my labour? Where is the contract binding my person to the laws of taxation ?
Expert:  Ulysses101 replied 24 days ago.

Aw, c'mon now. Don't tell me that you're not a Freeman on the Land. You talk just like one.

Customer: replied 24 days ago.
I don't know what this freeman on the land is your talking about but I will look into it seeing that you keep mentioning it. It seems like I'm not the only one with these concerns to present issues and taxation. Are you able to answer my questions ?
Expert:  Ulysses101 replied 24 days ago.

About who owns your labour, and what contract binds you to taxation laws?

Sure. You are entitled to your own labour. But if you sell your labour, you're earning income and subject to taxation. And if you spend the money you earn there will be different taxes on that.

It's not a contract which binds you to taxation. Living in the particular society which taxes income and spending is an acknowledgement of the right of the state to tax you.

Customer: replied 24 days ago.
then the question should be , how do I leave this society ? Do I need to be a part of another society in order to stop taxation? If I become a party to another society will that be recognized and respected by the current laws? I was under the impression that statutes and acts are only enforceable by consent , is this not true? It was my understsding , everything is contract law. So, there should be a contract that binds my person to taxation . Is there one? Who ownes my person? Can I not pay that person a set "wage" and have the rest of my property( what you would refer to as money) come back to me before taxation? Who gets to determine what lable is put on my time ? You call it selling but who ownes that time? Where is the contract between two parties agreeing to the amount of taxation? Can I not renegotiate the contract ?
Expert:  Ulysses101 replied 24 days ago.

You're assuming that everything is done by contract. This is a big theme of Freeman members, that unless there's proof of a contract that the authorities have no jurisdiction.

Look these guys up, they are obviously right up your alley.

As I said, if you want to avoid the obligation to pay tax then you can either have no income and spend no money, or you can cut all ties to Canada and live elsewhere.

Customer: replied 24 days ago.
You can't answer my questions?
Expert:  Ulysses101 replied 24 days ago.

What are your questions? We started off talking about taxation. I think I've answered that question. I appreciate that you don't like my answer, but I can't just tell you what you want to hear.

Customer: replied 24 days ago.
You have not answered the previous questions.
Expert:  Ulysses101 replied 24 days ago.

I said that those questions are predicated on the assumption that there has to be a demonstrable contract before any other person or entity can enforce any authority over one. That's a false assumption, and thus the questions are irrelevant.

Customer: replied 24 days ago.
then the question should be , how do I leave this society ? Do I need to be a part of another society in order to stop taxation? If I become a party to another society will that be recognized and respected by the current laws? I was under the impression that statutes and acts are only enforceable by consent , is this not true? Who ownes my person?
Expert:  Ulysses101 replied 24 days ago.

We've discussed this. One can avoid Canadian taxation by either earning no money from and spending no money in Canada, or by cutting economic ties to Canada and leaving the country. There are other countries that have far lower taxation rates and personal freedoms. Canada of course has more socialist tendencies, which leads to more laws and taxation.

Statutes and acts don't need consent to be enforceable. If that were true I could only be arrested if I agreed to it. And that's obviously not the case.

And to ask "who owns my person" is a debate on what a person and identity is, which I'm not going to get into. The Freeman movement would be happy to answer that for you but their answers are pseudo legal nonsense. If you're implying that the state owns your person, that you're a slave if you use the name given to you by the state to identify yourself, that's all Freeman talk.

Customer: replied 24 days ago.
My questions are regarding income tax. Who has the right to take my time from me? I exchange my irreplaceable time for money which becomes my property when I fulfill my side of the contract. Do I not have a right to my own property? Do I have to contract with a party if I choose not to?
Expert:  Ulysses101 replied 24 days ago.

We're talking in circles here.

Yes, your time is your own generally speaking. But if one is convicted of a serious crime and is convicted and incarcerated, then one isn't free to exercise one's use of one's time as one sees fit. Same thing if one joins the military; not towing the line on the routine is punishable.

But other than those exceptions, one's time is certainly one's own. But when one sells one's time, one is engaging in a commercial transaction, which by definition (in Canada at least) attracts taxation. And that's not by specific contract between an individual and the CRA, it's by legal obligation from existing in Canadian society.

Customer: replied 24 days ago.
When you say Canadian , are you speaking of the corporation or the land mass? The military would be a contract and the serious crime you spoke of is I assume when someone has been harmed? Once again, do I have to contract with someone if I don't want to?
Expert:  Ulysses101 replied 24 days ago.

Yes, the military would be a contract and one is paid to serve in the military so it's like employment. I mention that because the military has it's own code of conduct and authority to punish its members outside of the criminal code.

There's nothing to be gained by debating whether Canada refers to the government or to the landmass. For the purposes of CRA, if commercial work is done in Canada or contracted with a Canadian individual or business, then that's all it takes. So I suppose that it doesn't have to be Canada as a land mass. If I'm a US citizen, do all my work for a Canadian company online, but I'm not a citizen and never enter Canada then there are still taxation issues in my lap.

You assume that to "contract" with someone is to have any dealings with any entity which create an obligation. That's too broad of a definition. In law, a contract is an exchange of promises in which each party offers something which the other wants (which is the "consideration" of the contract). When the police want to arrest me, that's not under any kind of contract between me an the government which I obviously haven't signed.

Customer: replied 22 days ago.
What is the contract that binds me to having to deal with the third party called CRA? The land mass is different then Canada the corporation isn't it? Does the law not see a difference? Do I have to contract with a third party if mr
Customer: replied 22 days ago.
do I have to deal with a third party if it goes against my beliefs?
Expert:  Ulysses101 replied 22 days ago.

Yes, the government if Canada is different from the landmass known as Canada. That isn't the issue. You can live in the land of Canada and pay no taxes, or you can live outside of the land of Canada and still have to pay taxes. What counts is your economic connection to the government of Canada. And that economic connection is established by owning property in Canada, by earning money in Canada, or in fact by spending money in Canada (when you spend money you pay sales tax and HST of course).

Having a contract which you can read and which bears signatures isn't the issue. There's a social contract of course, which is a principle. The entities that you deal with in Canada, such as your municipality when you own property, your employer when you earn money, and vendors when you spend money, and banks too (another separate and complex issue of course) have a relationship with the government of Canada through title documents and licensing.

In Canada, you do have to deal with third parties if it goes against your beliefs. Again, if the police come to arrest me for something then my beliefs could be a defence against certain charges but my beliefs won't stop my being arrested and charged.

And if I don't like living in a society where the government of Canada has power over me then I'm free to drop out of that society. I can go through life without owning property, without earning income, and without spending money. Or I can move out of Canada and cut economic ties to any entity in Canada and then renounce my citizenship.

Customer: replied 21 days ago.
Do I have to be part of this society in order to work for a company in Canada?
Expert:  Ulysses101 replied 21 days ago.

If you're working for a company in Canada, then you're economically tied to the Canadian government. Your employer has an obligation to withhold deductions for tax, EI, CPP, etc.. You can't opt out of that. You have a contract with your employer, and that contract binds the employer to remit these deductions from your paycheque for you.

You could become self employed or an independent contractor, but you then you have to account for those taxes and contributions yourself.

You're asking if you can "secede" from society, but still live and work in the landmass of Canada and earn income from employment in Canada, but have no obligation to pay taxes. And the answer to that is "no". Even without earning income one pays taxes when one owns property or spends money on pretty much anything.

I know that I'm not telling you what you want to hear. If I do just tell you what you want to hear then I'm not helping you. I hope you don't shoot the messenger.

Is there anything else to discuss? If so, I'm here so please reply. If we're finished, I hope you'll give me a positive service rating for contributing to the discussion. Ratings are how I get credit from the site for the time spent on your matter, and I've spent a lot of time on it. I'd really appreciate it.

Customer: replied 19 days ago.
You keep referring to taxs of goods but my question is taxation of my man. If this is a free society , I should not have to contract with anyone I don't wish to. If a local biker gang approached me and said I had to pay them tax , would I have to ? The government is a gang that has wronged me through the third party called CRA. I spoke to a CRA agent and he told me they are not a Canadian government agency but a hired agency who works for Canada. Didn't you tell me they are government ? Is my "person" not a separate entity than my man? It was my understanding that the government creates a government agent out of my person , is that not true?
Expert:  Ulysses101 replied 19 days ago.

When I say tax on goods, I'm referring to sales taxes which are paid at the point of sale.

And it's true that you don't have to contract to people that you don't want to, but you're thinking about it in terms of a written contract mentioning the parties, what each will do for the other by when, and bearing their signatures.

When you buy a home, you have a contract with the municipality through its purchase. You pay property taxes and they fund the garbage collection, sewers, and schools. That's the kind of contract that one has with the government when one takes an employment position; one acknowledged that the employer will deduct sums for Income Tax, EI, CPP and such and then remit that money to the government. So even though one doesn't have an express contract with the government itself, one does through the employment contract.

As well, the government is different from a biker gang. The government is, in theory at least, an expression of the electorate. It creates laws which have the backup of police too. A biker gang which is extorting someone is engaging contrary to the law. It's one of the reasons we have laws in the first place.

CRA is a creating of legislation. There's an income tax act. Some aspects of their work is likely contracted out. Plus, whoever answered the phone at their call center isn't likely the right person to ask about the legislative authority of the CRA.

I really can't debate with you about the natural vs. artificial person. That's a freeman distinction, and it's their particular philosophy.

I wish I could give you the answers you want to hear.

Anything else?

Customer: replied 19 days ago.
I'm not interested in debate , does the government create a entity when I the man get a birth certificate or sin number? If I do not vote am I bound by "legislated" authority? You mention property tax but I'm not aware of an obligation to taxation because of land ownership. What law is that?
Expert:  Ulysses101 replied 19 days ago.

As a resident, you're bound by the legislated authority. Even if you're not a resident but have monetary ties to the country then some legislation like taxation applies.

We've spent hours on this over the past few days and I've told you what I can. I hope I've added to the discussion, and earned a positive service rating. May I please have that rating?

Customer: replied 19 days ago.
Doesn't resident mean to hold office ?
Expert:  Ulysses101 replied 19 days ago.

No, it doesn't.

https://www.irwinlaw.com/cold/resident

http://thelawdictionary.org/resident/

Customer: replied 19 days ago.
Where do you get your definitions?
Customer: replied 19 days ago.
What is the definition of resident
Expert:  Ulysses101 replied 19 days ago.

Online law dictionaries.

"A resident is a person who has a sufficiently close connection or nexus with a country to be liable for tax on her worldwide income (full tax liability) in the country."

"A non-resident is a person who does not have a sufficiently close connection with a country to be subject to full tax liability on her worldwide income in the country. Non-residents are usually taxable only on their source income from the country."

From a tax law textbook by Vern Krishna.

Whether you agree with these definitions or not, it's the approach that the court takes. And if you one wants to reject the court's authority, then one removes oneself from the court's jurisdiction.

Customer: replied 19 days ago.
Does the law not see a man and a person as different entities? How does one become non resident? How does one removes oneself from the court's jurisdiction? What effect would that have on taxation of the person?
Expert:  Ulysses101 replied 19 days ago.

It depends on what the legal issues are. Generally, a person is a person is a person. The individual with a birth certificate and social insurance number is ***** individual. However, a corporation is not a person although it is a legal entity and has many rights and obligations of a person, for instance.

One becomes a non-resident by physically moving out of Canada and cutting economic ties to Canada. If one does that completely, one can renounce citizenship and have no obligation to pay taxes. But living outside of Canada isn't enough to avoid the obligation regarding taxation, owning property in or having bank accounts in or having income from Canada triggers an obligation to pay tax.

Jurisdiction means two basic things. Firstly, it means the physical area within which the court will conclude that it has to make orders. For instance, most times if a child ordinarily lives in another county or province the provincial level court will say that the child doesn't reside in the court's jurisdiction and thus the court make decisions about what's in the child's best interests. The other meaning is the court's powers or sphere of legislation. For instance, if I'm at the provincial court level in family law case, that level of court doesn't have the jurisdiction to grant a divorce or divide the spouse's property; those orders can only be made by a federally constituted court. So to remove one's self from the court's jurisdiction is accomplished by physically living in a place where the Canadian court won't on a matter that involves you, and to not be subject to the operating legislation (for instance, even if you live outside of Canada but you have income from a Canadian source you still have to deal with CRA and federal tax court can still make orders allowable under the legislation).

I know that you're trying to find out a way to avoid dealing with the CRA. A lot of people who have studied this issue more than either of us have tried, and there are lobby groups and voting blocks out there which you can look into joining. Changing the law means challenging the law at the Supreme Court, or getting together enough people in an area to vote in an MP who will bring this up in parliament, maybe introduce a private members bill to see if there's any support for it. That or start a revolution, I suppose.

Anything else?

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