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My son has lived and worked in Japan for the last 15 years.

Customer Question
My son has lived...

My son has lived and worked in Japan for the last 15 years. He does not file or pay income tax in Canada.When I give him my house,how will this impact

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

STATE????? I live in British Columbia CAnada

Lawyer's Assistant: Have you talked to a lawyer yet?

PLease recommend an international tax lawyer. I do not trust Rev. Canada to answer correctly

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He does not own anything kept in Canada,. If I sold my house and gave him the money instead, would he have to move it to Japan?

Submitted: 4 months ago.Category: Canada Law
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Answered in 1 minute by:
11/28/2017
Lawyer: Debra, Lawyer replied 4 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,931
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 4 months ago

When you give him your house what will he do with it?

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Customer reply replied 4 months ago
No Idea
I want to know if it is better to sell it and give him the money. Must he convert to Japanese Yen and remove it from Canada, to not have to Canadian income taxes on the income earned in Japan?
He wants to return to Canada to retire. Could he rent out any house I give him and what are the tax repercussions
Lawyer: Debra, Lawyer replied 4 months ago

If you gift him a home that doesn't make him a resident for tax purposes.

If he rents the house out it doesn't either but he will have to declare the rent as income though he would file as a non-resident.

If you gift him money and he keeps it in Canada the same law applies. He does not become a resident but he pays tax as a non-resident on the money his investment earns.

Does that fully answer your question?

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.

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Customer reply replied 4 months ago
Revenue Canada states clearly that he must file and pay Canadian taxes on the income earned abroad IF HE OWNS PROPERTY IN CANADA
Lawyer: Debra, Lawyer replied 4 months ago

That is not always the case at all.

That is the case if someone is a resident and then wants to sever all ties.

Your son has not been a resident for 15 years. He doesn't suddenly become a resident if he is gifted property.

And in fact if he has a rental property only and does not have a home to come back to because his home is rented out then it is possible for him to sever all ties and move to Japan and not pay taxes.

In fact there are many non-residents who have investment properties or vacation properties in Canada.

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Customer reply replied 4 months ago
What if he wants to keep the furnished house and stay there himself for less than 183 days. and rent it out furnished, as a vacation rental run by a property manager
Lawyer: Debra, Lawyer replied 4 months ago

That could work. If he has the house rented out most of the time aside from when he wants to visit it could work.

There are plenty who inherit a cottage and come for visits and don't re-establish residency for tax purposes.

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Lawyer: Debra, Lawyer replied 4 months ago

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

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Lawyer: Debra, Lawyer replied 4 months ago

This question just appeared on my open list again. If you tried to reply it didn't post so please try again.

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