Pre-immigration tax planning — what should I check first?

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Answer

Before arrival, gains can be realised outside the new system, structures can be simplified, and the cost base of what you keep is generally set at arrival value. One question decides whether this is a filing or a project.

What to check first

Before arrival, gains can be realised outside the new system, structures can be simplified, and the cost base of what you keep is generally set at arrival value. After arrival the same steps are taxable events.

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The exception worth knowing

The window before you become a tax resident is the cheapest planning opportunity in international tax, and it closes on a date you choose.

Pre-immigration tax planning — what should I check first?
ItemAmount
Cost of the propertyC$262,000
Value on the departure dayC$369,420
Accrued gain treated as realisedC$107,420
Amount assumed to enter incomeC$53,710
Tax at an assumed 34%C$18,261

C$18,261 becomes payable in a year with no sale and no cash. That is what makes the departure date a planning variable: losses realised before it, an election to defer payment against security, and defensible valuations for anything private all change this number.

The figures here are an illustration, not an engagement: amounts are picked so the mechanism is easy to follow, and every rate or threshold is an assumption of the example. Before anything is filed for you, each one is confirmed with the issuing authority for your own tax year.

Your next step

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on Pre-immigration tax planning. The quote comes before the work, in writing.

Reviewed for accuracy for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. Published as general information. For a position on your own file, call the 24-hour helpline.

International tax planning, in practice

Readers arrive here searching for international tax planning, and pre-immigration tax planning is what the page is about. Below: who it catches, what has to be filed, and what it costs — quoted in writing, before anything is done.

Cross-border situations we are engaged for

Case study 1

Arrival date chosen around the sale of a private holding

A family with a controlling interest in an operating business abroad had flexibility over when they would land. We mapped the disposal, the buyer's timetable, the corporate approvals and the settlement mechanics against the date residency would begin, and identified the steps that had to be complete rather than merely agreed by that date. The engagement produced a dated sequence, a written note of which events sat on which side of the residency line, and the closing documents filed so the position can be explained years later without reconstruction.

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Case study 2

Reorganising a family holding company before residency began

An arriving couple held their investments through a chain of two companies and a nominee arrangement that made sense only in the country they were leaving. We tested what each layer would cost to own as residents of the destination, including the look-through risk, the annual reporting and the treatment of distributions, and recommended collapsing the structure while the steps were still transactions in the old system. The work produced a reorganisation sequence, the resolutions and registers to support it, and a memorandum recording why each layer was kept or removed.

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Case study 3

Household where two spouses arrived on different dates

One spouse moved to start employment while the other stayed behind for most of a year to finish a property sale and a school term. Residency is tested person by person, so the household had two start dates and two sets of consequences, including for assets they held jointly. We prepared a timeline for each of them, allocated the jointly held property to the right side of each date, and set out which decisions had to be taken while the second spouse was still outside the destination system.

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Case study 4

Equity awards vesting on either side of the arrival date

An executive moving under an intra-group transfer held unvested awards granted years before the move, some of which would vest shortly after arrival. The question was not the value but the timing and the source: which vesting events fell before residency began, which fell after, and how much of each related to work performed in the former country. We produced a schedule of the awards with their grant, vesting and settlement dates, the work-location record supporting the allocation, and a note of what the employer's payroll would need to reflect.

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Case study 5

Our read of a plan drafted by an overseas adviser

A client arrived with a pre-immigration plan prepared where he lived, built around selling and resettling assets in a particular order. We tested each step against the destination country's own rules rather than the assumptions of the origin country, and found that two steps worked, one was neutral and one would have created a reporting obligation nobody had mentioned. The engagement produced an annotated version of the plan, the reasoning for each change, and a short list of what still had to be completed while they were outside the destination system.

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Case study 6

Advice for a family who had already landed

The household came to us after their first months as residents, with the planning window closed. The work was accuracy rather than choice: establishing the date residency actually began from the travel and housing record, fixing the value of what they had brought with them so later gains would be measured from the right starting point, and identifying the foreign holdings the destination expects to be reported annually. It produced a documented residency start date, a valuation file for the assets held at arrival, and a list of the returns and reports now due.

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Case study 7

A Non-Resident Estate Holding US Assets

US situs assets sit inside the US estate tax net regardless of where the owner lived, and the exemption available to a non-resident is not the resident one. The file establishes situs asset by asset before any relief is claimed.

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Case study 8

Two Wills, Two Jurisdictions, One Estate

A will drawn for one country can revoke another or fail to reach assets held abroad. The review checks how each instrument interacts with the other and where probate will actually be required.

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All case studies — every published engagement in one place.

Core International & Cross-Border Tax Services

International Tax Planning & Advisory

Strategy and compliance for income, assets and families spread across borders.

One coordinating team: filings on every side of the border are sequenced so treaty relief and foreign tax credits are claimed once — and in the right country.

U.S. & Cross-Border Tax Returns

Dual filers: U.S. citizens in Canada and Canadians with U.S. income run two parallel systems — we prepare both, in the right order, every year.

Expat & Emigration Tax

The move year is its own project: the elections and valuations filed that year decide the next decade of both countries’ returns.

Non-Resident Canadian Tax

Default withholding is 25% of gross: elective returns routinely turn over-withheld rent and pensions into refunds.

Transfer Pricing & BEPS

Documentation prepared with the return is the cheapest insurance in international tax; reconstructing it during an audit is the most expensive.

Cross-Border Estates & Trusts

Wills drafted for one country routinely misfire in the other — deemed disposition here, estate tax there, credits in between.

Cross-Border Corporate Tax

Expansion raises the same four questions every time — entity, PE, repatriation, payroll. We answer them before the tax authorities do.

India Tax for NRIs & Returning Residents

The deduction is taken on the sale price, not the gain — which is why an NRI property sale strands cash unless the certificate is applied for before closing.

Canadian Tax with a Foreign Element

Residency is decided on facts, not on a form — and the year you arrive or leave is the one where the largest amounts turn on the smallest details.

UAE Tax for Expats & Their Home Country

A zero-tax country is only half the answer — the question that decides the bill is whether the country you came from still treats you as resident.

Industries & Client Types We Serve Worldwide

Global E-commerce & Marketplaces
Technology & SaaS
Professional Services Firms
Cross-Border Real Estate
Importers, Exporters & Manufacturers
Athletes, Artists & Entertainers
Remote Workers & Digital Nomads
Investment Funds & Holding Companies

Global E-commerce & Marketplaces

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Technology & SaaS

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Importers, Exporters & Manufacturers

  • Transfer pricing documentation (s.247)
  • Customs value vs transfer price
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Athletes, Artists & Entertainers

  • Reg 105 & U.S. CWA agreements
  • Multi-state & country calendars
  • Touring income allocation
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Explore Athletes & Entertainers

Remote Workers & Digital Nomads

  • Residency analysis before moving
  • Employer payroll exposure
  • Totalization & social security
  • Foreign tax credits
Explore Remote Workers

Investment Funds & Holding Companies

Holding structures live or die on treaty access, beneficial ownership and substance — the MLI's principal-purpose test now sits over every arrangement.

A holding structure is only as good as its reporting. Foreign affiliates, accrued passive income and distributions each carry their own return, and the penalties on those attach to the form rather than to any tax being owed — so a structure that saves tax can still cost money if the information returns are late.

  • Treaty access & PPT reviews
  • FAPI & surplus computations
  • Withholding-efficient routing
  • Governance & substance
Explore Funds & Holdcos

Pre-immigration tax planning: further questions

How long before I move should I start tax planning?

Earlier than most people expect, because the useful steps all have to complete before residency begins. Selling an asset, collapsing a structure or reorganising a holding takes weeks of paperwork from the other side, and once you are resident the same step is a taxable event in the new system rather than a neutral one. The practical sequence is to fix the arrival date last: list what you own and what you control, decide what has to change, and let the date follow the work rather than the other way round. If the date is already fixed, the list gets shorter but it is rarely empty.

Can I sell my shares before I move to avoid tax?

A disposal completed while you are still outside the destination system is taxed, if at all, by the country you are in at the time, not by the one you are moving to. That is the whole of the advantage, and it is why the timing question matters more than the amount. Two cautions. The sale has to be real and complete, with a contract and a settlement date, not an intention recorded before departure. And the tax cost in the country you are leaving may be higher than the exposure you are avoiding, so the comparison has to be run both ways before anything is signed.

Does my arrival date change how much tax I pay?

Yes, and it is one of the few variables genuinely in your hands. The date decides which side of the line each event falls on: a gain realised before it is outside the new system, the same gain realised after it is inside. It also sets the value at which most of what you keep enters the new country, because the cost base of property held at arrival is generally taken as its value on that day. So a date chosen around school terms or the end of a lease can carry a tax consequence nobody priced. Choose it once the transactions around it are mapped.

Should I close my overseas company before immigrating?

Not automatically, but it should be examined. A company that was straightforward where you lived can be an expensive thing to own as a resident of somewhere else: the new country may look through it, attribute its income to you, or ask for annual reporting on holdings you had never had to declare. Simplifying is far cheaper before arrival, when winding up or distributing is a transaction in the old system, than afterwards, when the same step is a taxable event under rules you have just become subject to. The test is whether the structure still does a job once you are resident.

Is it too late to plan if I have already landed?

The cheapest options have closed, but not all of them. What remains is mostly accuracy rather than choice: establishing the date residency actually began, fixing the value of what you brought with you so later gains are measured from the right starting point, identifying the reporting the new country expects on foreign holdings, and dealing with anything already filed on the wrong basis. That work is worth doing promptly, because evidence of arrival-day values gets harder to obtain with every year that passes. Planning after the fact is narrower and more expensive, which is exactly why the window before arrival matters.

Does my visa approval date start the tax clock?

Usually not, but you cannot assume it. Immigration approval and tax residency are separate events on separate calendars. The first is a decision by a department; the second generally turns on when you actually arrive and begin to live there, and in some systems on the status itself rather than on your presence. That gap is the planning window, and it is often months wide. Confirm which test the destination applies before you rely on it, because a plan built on the approval date when the rule looks at arrival, or the reverse, puts every transaction on the wrong side of the line.

Do I have to file in both countries?

Frequently yes, and the two filings do different jobs. The country where the income arises taxes it at source; the country where you are resident taxes your worldwide income and then gives credit for the tax already paid. Filing only one side is what leaves relief unclaimed — the credit has to be asked for on a return. We prepare both sides so the numbers agree. See dual filing.

What is double tax relief and how is it given?

Three mechanisms, and which one you get depends on your residence country's law and the treaty. Exemption leaves the foreign income out of the residence-country base. Credit taxes it and then subtracts the foreign tax, capped at the residence-country tax on that income. Deduction merely reduces taxable income by the foreign tax, and is usually the weakest. Canada and the United States lead with credit; several treaties give exemption for specific income types. See claiming the credit.

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