As COVID-19 travel restrictions are lifted, individuals who are
usually resident in another country but sheltered in place in
Canada during the pandemic may decide to return to their countries
of residence. Those individuals who are planning to leave Canada
should remember to ensure their Canadian tax obligations are
satisfied prior to their departure.
A person might be deemed resident in Canada throughout the
taxation year for purposes of the Income Tax Act (the
“Act”) if the person sojourned in Canada for 183 days
or more. The Canada Revenue Agency (“CRA”) has issued
an administrative position in light of the extraordinary
circumstances of the pandemic that it will not consider the days
during which an individual is present in Canada, and is unable to
return to their country of residence solely as a result of travel
restrictions, to count toward the 183 day limit for deemed
residency. This administrative position will apply where the
individual is usually resident