Residency - The Most Fundamental Concept in Canadian Taxation

Residency is the most fundamental concept in Canadian tax law, and the starting point for analyzing all Canadian tax issues.

Residency is the most fundamental concept in Canadian tax law, and the starting point for analyzing all Canadian tax issues. With immigration and emigration becoming more and more common, it is increasingly important for professional advisors to have an understanding of this key concept, and the factors to be considered in determining residency status, as well as the implications of ceasing to be a resident.

 

In this webinar, David Piccolo and Jeremie Beitel of TaxChambers LLP will provide an instructive overview and analysis of the factors that should be considered in determining residency of individuals, corporations and trusts.  Common law, legislation and treaty determinations will be discussed, as well as an outline of taxing/filing obligation differences between residents and non-residents.  Finally planning opportunities will be explored and Michael will discuss what to do if your client’s residence status has been misreported. 

 

More specifically, topics discussed will include:

 

  • Residency of Natural Persons
    • Common law interpretations, statutory and treaty provisions
    • Residency of Corporations
      • Common law interpretations, statutory and treaty provisions
      • Residency of Trusts
        • Common law interpretations, statutory and treaty provisions
        • CRA Administrative Positions and Guidance
        • Residence in a Province
        • Tax Filing Obligations for Residents vs Non-Residents
        • Ceasing Residency
        • Avoiding Becoming a Non-Resident
        • Notifications for Changes in Residency
        • Planning Concepts/Considerations
        • Correcting Residency Misclassifications

 

Target Audience

 

This webinar will be of most interest to general practitioner accountants in small to medium sized firms, but may also be of interest to tax professionals, financial planners/advisors, or commercial lawyers.

Professional Development Credits

CCH Canadian professional development programs are designed to meet the continuing education requirements of a variety of professional associations. These requirements do vary by association and region. Please consult your provincial association to ensure this webinar meets the continuing professional development standards for your specific situation.

This Webinar Includes:

  • 30 days to review the webinar recording
  • Print version of the presentation slides

 

BIOGRAPHY

This webinar is being presented by David Piccolo and Jeremie Beitel of TaxChambers LLP:

 

David Piccolo

 

David Piccolo’s practice is focused on tax litigation and dispute resolution. He acts as counsel in income tax and GST/HST matters, representing corporate and individual clients at all stages of litigation – from audits and Notices of Objection with the Canada Revenue Agency, to seeking rectification orders in the Ontario courts, to appeals in the Tax Court of Canada. An experienced and savvy advocate, David has appeared in numerous reported cases before the Tax Court of Canada, the Federal Court and the Federal Court of Appeal.

David earned his J.D. from Osgoode Hall Law School where he was the recipient of the Ronald Robertson Q.C. Memorial Tax Prize for the best research paper in the Tax Policy seminar. He has authored a number of papers in the field of tax law which have been published in The Supreme Court Law Review, the LSN Tax Law: Practitioner Series and Taxnetpro.

 

Jeremie Beitel

 

Jeremie specializes in tax planning and dispute resolution for small and medium-sized enterprises and high net worth individuals. He routinely advises on tax optimization strategies for domestic and international business structures, and as part of his dispute practice, guides taxpayers through audits, objections, tax court appeals and voluntary disclosures. Throughout, Jeremie takes pride in his practical, results-driven approach to tax law and the emphasis he places on client communication and engagement. He is recognized by his peers for his ability to simplify complex concepts and to find creative solutions to difficult problems.

Jeremie is an active member of Canada’s tax community and serves on the executive of the Taxation Law Section of the Ontario Bar Association. He is a sought-after speaker and writer on tax topics, and has co-chaired the annual “Professionalism and Ethics in Tax Law” seminar in both 2017 and 2018.

Prior to joining TaxChambers LLP in 2018, Jeremie worked at a national tax boutique and operated his own tax dispute and litigation firm in downtown Toronto. He has completed the CPA In-depth Tax Course.