# Non residency departure date - Canada



## trentfrog (Jul 14, 2014)

don't agree with my accountant and need some advice on the date to apply for non residency. I left Canada in 2006. At the time I had no home in Canada, husband or dependents. I didn't know whether the move was permanent so I didn`t sever any ties with Canada. I kept my Ontario health card, DL, credit card, bank accounts. I also filed tax returns while I had Canadian income form interest in bank account. Stopped filing in 2009.

I now want to apply for non residency. I figured the smartest thing would be to file a departure return for 2015. Especially since I kept and used my health card a few times when I was in Canada until 2012. (looking back this was a stupid idea I know).

My accountant said since I didn't have any primary ties with Canada when I left I should amend my 2006 return and file that as my departure return and cancel my Ontario health card now. 

The problem I have is using 2006 as my departure date for my departure return and therefore this date has to be used when cancelling my health card. Won't this look like health care fraud? Saying my effective date of cancellation is 2006 but having used it after this date?

Wouldn't it just be easier to use this year as my departure date on my return and cancel my health card using this year as effective date of cancellation?


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## Nononymous (Jul 12, 2011)

I think it comes down to two issues:

1. Is there any advantage to declaring the earlier date for non-residency (2006 as opposed to 2015). If you're not saving money, why would you take the earlier date?

2. Would CRA and OHIP ever talk to one another, regardless of which date you used?

Yes, it was fraudulent to maintain your health insurance for use on occasional visits. So if it doesn't cost you any money, why risk declaring non-residency before this happened?


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## trentfrog (Jul 14, 2014)

Nononymous said:


> I think it comes down to two issues:
> 
> 1. Is there any advantage to declaring the earlier date for non-residency (2006 as opposed to 2015). If you're not saving money, why would you take the earlier date?
> 
> ...


I contacted ServiceOntario and this was their reply on what date to use to cancel the card. 

_You would need to use the correct date, anything else would be fraudulent. It is certainly unfortunate that you used your health card six years after you departed Ontario and that it was accepted by your physician’s office. The card was validated at that time so I doubt you would be billed back for the visit after so much time has passed._

Should I trust their response?


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## Nononymous (Jul 12, 2011)

trentfrog said:


> I contacted ServiceOntario and this was their reply on what date to use to cancel the card.
> 
> _You would need to use the correct date, anything else would be fraudulent. It is certainly unfortunate that you used your health card six years after you departed Ontario and that it was accepted by your physician’s office. The card was validated at that time so I doubt you would be billed back for the visit after so much time has passed._
> 
> Should I trust their response?


Do you have a choice?


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## jbr439 (Nov 17, 2013)

trentfrog said:


> don't agree with my accountant and need some advice on the date to apply for non residency. I left Canada in 2006. At the time I had no home in Canada, husband or dependents. I didn't know whether the move was permanent so I didn`t sever any ties with Canada. I kept my Ontario health card, DL, credit card, bank accounts. I also filed tax returns while I had Canadian income form interest in bank account. Stopped filing in 2009.
> ...


The last sentence makes it sound like you may have only been declaring Canadian interest income on those Canadian returns. If so, I believe that would have been incorrect as you should have been taxed on your world income (like a Canadian resident). You would have presumably been able to apply foreign tax credits to any tax owed, and may have ended up owing nothing.

If you file a 2015 departure date, then you may owe tax returns for 2010-2015, again on your world income.


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