Tax-pensions-lump sum-residency-stuck!!!
#31
Re: Tax-pensions-lump sum-residency-stuck!!!
ok I used to be "fedupwithwaiting" and you'll see from my previous threads we went through this in 2007. My hubby was a Squadron Leader in the RAF for 20 years. We got our PR in the May 07 and we were activating it July 07.
We had our flights, hotel, car hire, rental, goodbye parties done and were supposed to fly out 6th July. OH spoke (as much as you can) to the dept that does the final pay out pay roll. They assured him 100% we would be getting that money paid in on the 5th in which case after numerous letters, phone calls, and at the time I worked for one of the top International Tax Lawyers in the Country. We were told time and time again this money is a tax free lump sum as long as you are resident of the UK when you receive it. Obviously even if you are on a trans atlantic flight you are not a resident of the UK.
Needless to say the money didn't come in. So we sat in a hotel room in London with 8 suitcases around us and every day for a week my hubby checked his online bank to see the payment. Eventually on July 13th 07 he woke me at 11am to say the money had been paid in. We woke the kids, got dressed, he re booked the flights and we raced like hell to get to Heathrow for the 2.30pm flight! We made it and know now it was the best thing to do. It is not worth losing 40% of your hard earned lump sum to the Canadian Tax Man. Whatever you do I urge you to take heed and learn from us.
I haven't read through all the other posts but just had to send you this quickly before I ran out the door this morning. Best of luck with everything
We had our flights, hotel, car hire, rental, goodbye parties done and were supposed to fly out 6th July. OH spoke (as much as you can) to the dept that does the final pay out pay roll. They assured him 100% we would be getting that money paid in on the 5th in which case after numerous letters, phone calls, and at the time I worked for one of the top International Tax Lawyers in the Country. We were told time and time again this money is a tax free lump sum as long as you are resident of the UK when you receive it. Obviously even if you are on a trans atlantic flight you are not a resident of the UK.
Needless to say the money didn't come in. So we sat in a hotel room in London with 8 suitcases around us and every day for a week my hubby checked his online bank to see the payment. Eventually on July 13th 07 he woke me at 11am to say the money had been paid in. We woke the kids, got dressed, he re booked the flights and we raced like hell to get to Heathrow for the 2.30pm flight! We made it and know now it was the best thing to do. It is not worth losing 40% of your hard earned lump sum to the Canadian Tax Man. Whatever you do I urge you to take heed and learn from us.
I haven't read through all the other posts but just had to send you this quickly before I ran out the door this morning. Best of luck with everything
#32
Re: Tax-pensions-lump sum-residency-stuck!!!
Not a good idea because he will pay tax when he withdraws the money if he's earning that could be at the higher rate of 40% and you can only make withdrawals once its been in the account untouched for 3 years. His lump sum is tax free completely as long as he is resident in the UK at the time of receiving it.
#34
Re: Tax-pensions-lump sum-residency-stuck!!!
Might be worth purchasing flights through a scheduled airline they can be changed much easier than a charter airline. We booked with air Canada as they allowed for a free change of days if necessary. Check them out as you might be able to book early and still have option to change days if necessary.
#35
Re: Tax-pensions-lump sum-residency-stuck!!!
Might be worth purchasing flights through a scheduled airline they can be changed much easier than a charter airline. We booked with air Canada as they allowed for a free change of days if necessary. Check them out as you might be able to book early and still have option to change days if necessary.
#36
Re: Tax-pensions-lump sum-residency-stuck!!!
Can I just clarify one more thought that I have had. If we ensure that the lump sum is received into our UK bank account before becoming tax residents in Canada, so that it remains tax free. Would there then be no issue on transferring the money to a Canadian account? I would imagine that it wouldn't matter whether this arrives a few days or months after us?
#37
Re: Tax-pensions-lump sum-residency-stuck!!!
That is correct. You would have to tell bank or exchange facility where you got money but that is just for UK money laundering purposes. CRA have no interest as long as it can trace it when it arrives in Canada
#38
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Joined: Dec 2008
Location: Ottawa
Posts: 487
Re: Tax-pensions-lump sum-residency-stuck!!!
Can I just clarify one more thought that I have had. If we ensure that the lump sum is received into our UK bank account before becoming tax residents in Canada, so that it remains tax free. Would there then be no issue on transferring the money to a Canadian account? I would imagine that it wouldn't matter whether this arrives a few days or months after us?
#39
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Joined: Dec 2008
Location: Ottawa
Posts: 487
Re: Tax-pensions-lump sum-residency-stuck!!!
3 years we were told by our Canadian FA. However if you say it is 5 years then so be it. But my point here was not the length of time it is tied up but the fact that it will be taxed on withdrawal. Quite frankly I was just trying to help out another military family on my way rushing out the door!!
#40
BE Forum Addict
Joined: Jan 2008
Location: Near Kingston, Ontario
Posts: 1,318
Re: Tax-pensions-lump sum-residency-stuck!!!
does anyone know if you chose to have the lump sum paid in to a Locked in Retirement account, would it still be taxed?
#41
Re: Tax-pensions-lump sum-residency-stuck!!!
Don't worry the CRA has a few critera for being a tax resident. Opening a bank account does not automatically count you as tax residents. When you file your first tax return just state the day you arrived to stay in Canada. That will then become the date you become tax resident. If you are still in UK and that is where your primary residence is then that is basically the country you are tax resident in. Pm me if you want more info or answers to any OTher questions. I think I have just been chatting to your oh on be ns website.
#42
Binned by Muderators
Joined: Jul 2007
Location: White Rock BC
Posts: 11,682
Re: Tax-pensions-lump sum-residency-stuck!!!
If the above were the case, do you think it would be ok to begin transferring savings across to our Canadian account getting ready for our move and before becoming "tax residents" or do you think having more than a couple of thousand in a Canadian account would be a problem?
#43
Re: Tax-pensions-lump sum-residency-stuck!!!
JonBoyE, Thanks for that. We were thinking of maybe sending a bit across, as the exchange rate is a bit better than it has been for a while. Always a risk that it might improve even more - but you have to move it some stage don't you? Spreading the risk might be preferable to leaving it all to the last minute. Thanks again.
#44
Re: Tax-pensions-lump sum-residency-stuck!!!
Ok, as the title says a plea for anybody wh would be knid enough to offer some real advice.
I have my PR, got it in March 2007, married to a local. Moved to Canada Sep 2008, slight twist as I actually got posted here with the UK military on a 3 years overseas tour. I dont have a SIN card, I am paid in GBP and pay tax in the UK and I am now technically here under the Visiting Forces act. That said the days I am doing here (2.5 years) so far are being credited towards my PR.
Now the stumbling block I intend to retire from the military at the end of this tour and after 26 years I will receive a pension and a lump sum. I have acquired some considerable leave in which I wish to take here in Canada readjusting and job searching etc.
I have been told that if I remain here during this period I will pay 43% tax on my lump sum as it will be seen as worldwide earnings!!!! If i have so much as a driving license or Canadian credit card then that will prove my residency status or my intent.
I think I have to rip everything up go home at the end of my 3 year military tour, leave the military, collect my pension and come back and start again. A lot of time and effort and also time I would like to use constructively sorting out my future here In Canada.
Another slight twist is that my wife (Canadian) now works here, is set up nicely with her company and our 3 year old has finally got in to a good daycare.
Do they also have to uproot with me just to sit in the UK for a few months to avoid canadian tax only to return and start again.
Advice etc would be very much appreciated as I am under strain and in a dilemma.
Many thanks.
I have my PR, got it in March 2007, married to a local. Moved to Canada Sep 2008, slight twist as I actually got posted here with the UK military on a 3 years overseas tour. I dont have a SIN card, I am paid in GBP and pay tax in the UK and I am now technically here under the Visiting Forces act. That said the days I am doing here (2.5 years) so far are being credited towards my PR.
Now the stumbling block I intend to retire from the military at the end of this tour and after 26 years I will receive a pension and a lump sum. I have acquired some considerable leave in which I wish to take here in Canada readjusting and job searching etc.
I have been told that if I remain here during this period I will pay 43% tax on my lump sum as it will be seen as worldwide earnings!!!! If i have so much as a driving license or Canadian credit card then that will prove my residency status or my intent.
I think I have to rip everything up go home at the end of my 3 year military tour, leave the military, collect my pension and come back and start again. A lot of time and effort and also time I would like to use constructively sorting out my future here In Canada.
Another slight twist is that my wife (Canadian) now works here, is set up nicely with her company and our 3 year old has finally got in to a good daycare.
Do they also have to uproot with me just to sit in the UK for a few months to avoid canadian tax only to return and start again.
Advice etc would be very much appreciated as I am under strain and in a dilemma.
Many thanks.
#45
Re: Tax-pensions-lump sum-residency-stuck!!!
If anyone finds an answer let me know????? I have been pondering this one for the past 5 years. I have 1 1/2 more years until my UK company pension pays out a nice lump and hate the tought of giving 43% to the Canadian tax man. Thinking about not taking the lump sum and taking additional pension. Not sure this is a good idea in the UK ; just received a pension update from my ex UK company and the fund in 2010 was roughly 30% underfunded to meet its future liabilites and its one of the most profitable and stable businesses in the UK. God knows what the deficit is now after the latest economic turmoil Dont want to put money in RRSP's either - could end up losing the lot!!!! Cash seems a safe option nowadays.
Take professional tax and investment advice before making any decision, but you options appear to include:
1. Take the lump sum, pay the tax.
2. Take the lump sum, defer all or part of it into a Canadian RRSP (to the extent you're eligible to contribute). You should be able to select conservatively invested funds so you don't "lose the lot" but you will probably pay tax in future when you draw down your RRSP. But perhaps not at such a high rate.
3. Abandon your residence in Canada and return to the UK before the lump sum is paid. This would have to be a genuine severing of residential ties, not just a short term expedient.
4. Take the pension instead of the lump sum. You'll pay tax on the income but perhaps not always at such a high rate if your other income reduces. Also, if you are in good health and expect to live a reasonable lifespan, you might get more dollars in the long term that way. Of course, you are exposed to the risk of your pension fund running out of money - your employer is supposed to back this up but if they go bankrupt or something, then that layer of protection no longer exists. You're also exposed to more risk on the sterling exchange rate, long term. Another risk to consider, and you'd need professional advice to know if it's real, is that company pensions in payment may be more secure than accrued pensions not yet in payment.