Who has to pay Departure Tax?

Departure tax is levied by the Canada Revenue Agency (CRA) on individuals leaving Canada and severing their ties with Canada, either due to employment, business or any other reason.

When do I have to file my departure tax return?

Departure tax returns are regular returns that are due on April 30 (for individuals) and June 15 for individuals reporting income from a business. They are called departure tax returns because (a) They are your final tax filing with the CRA and (b) You must attach a listing of all of your assets to your departure tax return.

In general, a taxpayer’s departure return will include his/her worldwide income up to the date of departure from Canada, along with any capital gains or losses on the deemed sale of property that occurs at time of departure.

Example of Departure Tax Calculation

To better understand the departure tax rules, let’s look at the example of Carlos.

Situation 1: Carlos has been a resident of Canada for less than 60 months (March 1, 2008 through September 1, 2012).

• Carlos became a resident of Ontario, Canada on March 1, 2008
• He departed Canada on September 1, 2012
• Carlos was not a resident of Canada before March 1, 2008
• The only income reported by him on his 2012 Canadian Income tax return was employment income of $300,000
• Let us assume that $ 1CAD= $ 1 US for the sake of convenience
• Carlos had the following assets on September 1, 2012

List of Assets	Date acquired	Original cost	FMV March 1, 2008	FMV Sep 1, 2012
200 shares from UK co.	Jan 1, 2004	$ 9/share	$ 12/share	$ 15/share
400 shares from Can Co.	Jan 1, 2011	$ 21/share	N/A	$26/share
Canadian rental property	December 31, 2003	$ 1.3 million	$ 1.5 million	$ 2.0 million
Canadian principal residence	September 1, 2010	$ 800,000	N/A	$ 950,000
Employee Stock Options	Exercised 150 shares on December 31, 2011 and still holds the shares (benefit included on T4 slip) Remaining 150 options exercisable after December 31, 2012	Exercise price $ 15/share	N/A	$ 18/share
TFSA	January 1, 2002	$ 1.5 million	$ 2 million	$ 2.2 million
RRSP	April 1, 2008	$ 60,000	N/A	$ 62,000

Analysis

Carlos should provide a list of all of his properties at the time of emigrating from Canada with a total fair market value of over $25,000 except for cash, TFSAs and RRSPs.

He must also calculate and report any capital gains (or losses) on all of his properties resulting from the deemed sale of his properties on the date of his departure, including:

200 Shares from UK Co:

There is no deemed disposition on departure of the 200 shares in the UK public company he owns because Carlos has been resident of Canada for less than 60 months the and shares were acquired prior to establishing Canadian residency.

400 Shares from Can Co.:

According to the table above, the 400 shares in the Canadian publicly listed corporation that Carlos owned had a value of $10,400 on the date of his departure (i.e. 400 shares x $26 / share). The total purchase price of the 400 shares was $8,400 (i.e. 400 shares x $21 / share).

The deemed capital gain on departure is therefore $ 2,000 ($ 10,400 – $ 8,400).

Canadian Rental Property:

There is no deemed sale of Carlos’ Canadian rental property, as Carlos has been a resident of Canada for less than 60 months and the property was acquired prior to establishing Canadian residency.

Canadian Principal Residence:

Carlos’ Canadian principal residence is exempt from the deemed disposition rules on departure. However, additional forms must be filed with his departure tax return.

Employee Stock Options:

The employee stock options have a total market value of $2,700 on the date of emigration (i.e. 150 shares x $18 / share). The total purchase price is $2,250 (i.e. 150 shares x $15 / share). This will result in a capital gain for Carlos in the amount of $450 ($ 2,700 – $2,250).

Form T1161 has to be completed for the 150 shares exercised in 2011 and additionally for the other unexercised 150 stock options.

TFSA:

TFSAs are exempt from the deemed disposition rule and are also excluded from form T1161.

RRSP

RRSPs are exempt from departure tax.

Situation 2: Carlos became a tax resident of Canada on March 1, 2005 (more than 60 months)

List of Assets	Date acquired	Original cost	FMV on March 1, 2005	FMV Sep 1, 2012
200 shares from UK co.	Jan 1, 2004	$ 9/share	$ 12/share	$ 15/share
400 shares from Can Co.	Jan 1, 2011	$ 21/share	N/A	$26/share
Canadian rental property	December 31, 2007	$ 1.3 million	N/A	$ 2.0 million
Canadian principal residence	September 1, 2010	$ 800,000	N/A	$ 950,000
Employee Stock Options	Exercised 150 shares on December 31, 2011 and still holds the shares (benefit included on T4 slip) Remaining 150 options exercisable after December 31, 2012	Exercise price $ 15/share	N/A	$ 18/share
TFSA	January 1, 2002	$ 1.5 million	$ 2 million	$ 2.2 million
RRSP	April 1, 2008	$ 60,000	N/A	$ 62,000

Analysis

All the above properties except Carlos’ RRSPs and TFSAs are reportable as their FMV is more than $25,000 and Carlos has been a resident of Canada for more than 60 months (March 1, 2005 through September 1, 2012).

These properties must be reported along with his departure tax return.

200 Shares from UK Co:

The fair market value of the shares on the date of departure is $3,000 ($15 / share x 200 shares). The purchase price of the shares was $2,400 ($12 / share x 200 shares). Therefore, departure tax will be charged on a capital gain of $600 ($3,000 – $2,400).

400 Shares from Can Co.:

The fair market value of the shares on the date of departure is $10,400 ($26 / share x 400 shares). The purchase price of the shares was $8,400 ($21 / share x 400 shares). Therefore, departure tax will be charged on a capital gain of $2,000 ($10,400 – $8,400).

Canadian Rental Property:

The fair market value of the Canadian rental property on the date of departure is $2,000,000. The cost amount is $1,300,000. Therefore, departure tax will be levied on a capital gain of $700,000.

Canadian Principal Residence:

Carlos’ principal residence in Canada is exempt from departure tax.

Employee Stock Options:

The employee stock options have a total market value of $2,700 on the date of emigration (i.e. 150 shares x $18 / share). The total purchase price is $2,250 (i.e. 150 shares x $15 / share). This will result in a capital gain for Carlos in the amount of $450 ($ 2,700 – $2,250)

Form T1161 has to be completed for the 150 shares exercised in 2011 and additionally for the other unexercised 150 stock options.

TFSA

TFSAs are exempt from departure tax. Carlos cannot make further contributions while he is a non-resident. The contributions made while he was a resident of Canada will continue to grow tax-free.

RRSP

RRSPs are exempt from departure tax.