Canada Tax for Expats: Non-Resident Rules

Canada taxes residents on worldwide income but taxes non-residents only on Canadian-source income. Determining your residency status is the critical first step, as the CRA uses a qualitative residential-ties test rather than a simple day count. This guide explains how to establish non-resident status and manage your ongoing Canadian tax obligations.

Determining Tax Residency in Canada

Unlike the UK or Australia, Canada does not use a fixed day-count threshold for tax residency. Instead, the Canada Revenue Agency (CRA) evaluates your overall situation using a primary ties and secondary ties framework. This qualitative approach means you must consider the totality of your circumstances, including where your home, spouse, dependents, and economic interests are located.

Primary Residential Ties

The CRA considers the following as primary ties, and maintaining any one of them strongly suggests you remain a Canadian tax resident:

Secondary Residential Ties

Even without primary ties, the CRA may consider you a resident based on the cumulative weight of secondary ties:

The CRA evaluates the significance of each secondary tie. For example, maintaining a Canadian driver's license carries more weight than holding a small Canadian bank account. If you have multiple secondary ties, the CRA may find you remain resident even without primary ties.

Becoming a Non-Resident of Canada

To establish non-resident status, you must sever primary ties and reduce secondary ties to a minimum. Key steps include:

  1. Sell or terminate the lease on your Canadian dwelling
  2. Ensure your spouse and dependents relocate with you
  3. Cancel provincial health insurance (note: some provinces require you to be present for a minimum number of days each year)
  4. Relinquish your Canadian driver's license and obtain one in your new country
  5. Close Canadian financial accounts that are not needed for investment purposes
  6. File a departure tax return (see below)

Departure Tax: Deemed Disposition

When you cease to be a Canadian tax resident, the CRA applies a "deemed disposition" rule. You are treated as if you sold all your capital assets at fair market value on the day you departed, and must report any capital gains on your final resident return. This applies to stocks, mutual funds, real estate (excluding your principal residence), and other capital property.

Certain assets are exempt from deemed disposition, including Canadian real property, business property used in a Canadian business, and assets held in registered plans (RRSP, RRIF, TFSA). However, the TFSA has special rules—while it remains tax-free while you are a non-resident, any contributions made while non-resident are subject to a 1% per month tax, and growth earned while non-resident may be taxed by your new country of residence.

Asset TypeDeemed Disposition?Notes
Publicly traded sharesYesReport capital gain on departure
Canadian real estateNoSubject to non-resident withholding on future sale
RRSP/RRIFNoTaxed on withdrawal as non-resident
TFSANoNo contribution allowed as non-resident
CryptocurrencyYesTreated as capital property
Principal residenceNo (if sold before departure)Sell before leaving for tax-free gain

If the deemed disposition creates a tax liability exceeding CAD $16,500, you can post security with the CRA instead of paying immediately. This is useful for individuals with large unrealized gains who may not have liquid funds at the time of departure.

Taxation of Canadian-Source Income for Non-Residents

As a non-resident, you are taxed only on Canadian-source income. The most common types and their tax treatment are:

Income TypeDefault WithholdingTreaty Reduction Possible?
Rental income25% of gross (NR6 for net basis)Varies by treaty
Pension income (non-RRSP)25% of grossReduced to 15% under many treaties
RRSP/RRIF withdrawals25% of gross (or 15% if resident in US)US treaty: 15%
Dividends25% of grossReduced to 15% under most treaties
Interest (arm's length)0% (exempt)Generally exempt
Employment (Canadian work)Part XIII tax or Section 216Treaty may exempt short-term

Section 217 Election

Non-residents receiving certain types of Canadian-source income—including Old Age Security (OAS), Canada Pension Plan (CPP), RRSP/RRIF payments, and non-RRSP pension income—can elect under Section 217 to be taxed at graduated resident rates instead of the flat 25% non-resident withholding. This election is beneficial when your total income is low enough that the graduated rates produce a lower effective tax rate than 25%.

To make the election, file Form NR5 with the CRA to request a reduction in withholding, then file a Section 217 return by June 30 of the following year. The election covers all eligible income types—you cannot cherry-pick which sources to include.

Canadian Federal Tax Rates for 2025

BracketTaxable Income (CAD)Federal Rate
1$0 - $57,37515%
2$57,376 - $114,75020.5%
3$114,751 - $177,88226%
4$177,883 - $253,41429%
5$253,415+33%

Provincial taxes are added on top of federal rates. Provincial rates vary widely, from a low of about 10% in Alberta to highs exceeding 21% in Nova Scotia. As a non-resident, you do not pay provincial tax on Canadian-source income, which can result in significant savings compared to your resident tax rate.

Reporting Requirements for Non-Residents

Non-residents with Canadian-source income must navigate several filing obligations:

The Canada-US Tax Treaty

The Canada-US tax treaty is one of the most frequently used and detailed treaties. Key provisions for expats include:

Maintaining Canadian Ties While Abroad

Some ties are worth keeping even as a non-resident. RRSPs can remain in place and grow tax-deferred, though withdrawals will be subject to non-resident withholding. A TFSA can remain open but should not receive new contributions. Provincial health insurance typically cannot be maintained, so arrange private health coverage in your new country. Your Canadian passport and citizenship are unaffected by tax residency changes.

For RRSP withdrawals as a non-resident, the withholding rate is 25% on lump-sum withdrawals, or 15% for periodic payments if you are a US resident under the treaty. If you anticipate needing RRSP funds, plan the timing of your departure and withdrawals carefully to minimize the combined tax impact across both countries.

Pro Tip: If you plan to return to Canada within five years, consider whether becoming a non-resident is worth the departure tax cost. The deemed disposition can create significant tax liability that may outweigh the non-resident savings during a short absence.

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute financial, legal, or tax advice. Always consult with a qualified professional advisor before making financial decisions. Rates, thresholds, and regulations change frequently — verify current figures with official government sources.