Who files Form NR73?

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Answer

People who have left Canada and want the CRA's written view of when — or whether — their residency ended. The obligation is decided by facts rather than by tax owing, which is why a nil position does not remove it.

The rule on who files

People who have left Canada and want the CRA's written view of when — or whether — their residency ended.

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Where it does not apply

Optional, and double-edged. It is a full disclosure of ties that invites a determination you may not want, so it is best used where the facts are clean and a third party such as a foreign employer or bank requires certainty.

Who files Form NR73?
ItemAmount
Cost of the propertyC$248,000
Value on the departure dayC$451,360
Accrued gain treated as realisedC$203,360
Amount assumed to enter incomeC$101,680
Tax at an assumed 46%C$46,773

C$46,773 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.

Where to go from here

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on NR73 — determination of residency on leaving. If a letter prompted this, bring the letter — it usually contains the answer to half the questions.

Read and approved for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. General information, not advice for your circumstances — call our 24-hour helpline to discuss your own position.

Who has to file US tax return, in practice

If you came here for who has to file US tax return, this is where it is dealt with. The subject is Form NR73, and the page covers who it reaches, what then has to be filed, and what we charge to do the work.

Cross-border tax case studies

Case study 1

Obtaining written residency confirmation for a foreign employer's payroll

The client had left Canada to take up an overseas post, and the employer would not set up withholding until it had something official about Canadian residency status. The ties were genuinely clean: home sold, family moved, no Canadian employment retained. The work was to assemble the evidence for each tie and its date, complete the determination request on that basis, and file the departure-year return consistently with it. The engagement produced a determination in writing, a filed transition year, and a copy of the disclosure kept against later questions.

Read how this one runs
Case study 2

Advising against a determination request where ties were mixed

The client wanted the certainty of a written answer but had kept a house occupied by an adult child, and a spouse who remained in Canada for part of the year. Sending a full account of those ties would have invited a conclusion the client did not want, on the record. The work was to set out the position on the facts, take the departure date on the return, and document the reasoning. The engagement produced a filed departure year, a written analysis of the ties behind the date, and a decision not to request a determination recorded with its reasons.

Read how this one runs
Case study 3

Assembling a disclosure after an unwelcome determination had arrived

The client had completed and sent the request without advice, describing the ties loosely, and the determination that came back put the end of residency much later than expected. The work was to identify which statements had understated the position, gather the documents for the dates that were actually right, and put a corrected account on the record with the transition-year filing. The engagement produced a restated set of facts, a return on the date the evidence supported, and a written note of how the two accounts differ.

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Case study 4

Responding when the CRA invited the form during an examination

A departure year had come under examination and the request form arrived with the letter. The client's instinct was to complete it immediately. The work was to establish the order instead: our read of the file first, then the evidence for each tie and the date it changed, then a decision about what the disclosure should say, and only then the form. The engagement produced a completed request the client could stand behind, an evidence bundle filed alongside it, and a departure date on the return that matched what was disclosed.

Read how this one runs
Case study 5

Two departure dates in one household and one request

The client left for a new posting while a spouse stayed behind to finish a work contract, so the household had two plausible dates and the ties overlapped for part of the year. A single request covering both would have blurred them. The work was to treat each person separately, decide whose facts were clean enough to be worth submitting, and prepare the request for that person alone while the other's position rested on the return. The engagement produced one determination, two consistent transition-year returns, and a memorandum on why only one was sought.

Read how this one runs
Case study 6

A determination that residency had never actually ended

The client had worked abroad for several years, had filed as a non-resident throughout, and wanted confirmation before selling a Canadian property. The account of the ties, once assembled, did not support the position that had been filed: a home kept available, a spouse resident throughout, provincial health coverage maintained. The work was to test the facts before anything was sent, then advise on correcting the earlier years rather than asking a question whose answer was by then predictable. The engagement produced a corrected filing history and a decision taken with the answer already known.

Read how this one runs
Case study 7

The Local File That Has to Match the Accounts

A local file describes the entity's own controlled transactions and ties them to its statutory figures. Where the two do not reconcile, that is what an examiner opens with.

Read how this one runs
Case study 8

Social Security Contributions Owed in Two Countries at Once

A totalization agreement assigns contributions to one system and exempts the other, but only against a certificate obtained in advance. Without it both sets come out of the same salary and neither is straightforward to recover.

Read how this one runs

All case studies — every published engagement in one place.

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

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

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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.

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Form NR73: further questions

Do I have to file Form NR73 when I leave Canada?

No. It is a request, not a return. Nobody is obliged to ask the CRA for a determination of when their Canadian residency ended, and the departure itself is reported on the transition-year return whether or not the request is ever made. The form exists for the case where you want the CRA's written view of the date, or of whether residency ended at all. Treat sending it as a choice with consequences rather than as a step on a checklist, because the answer comes back on the facts you disclose.

The CRA asked me to complete NR73 — do I have to?

An invitation to complete it is common, particularly where a departure year has drawn attention, and it is still a request. What you send is a full account of your ties to Canada, and the CRA's conclusion will be reached on that account. So the question is not whether to be cooperative but what the accurate account actually is: which ties were cut, when, and what remains. Working that out, with evidence, before anything is sent is the part that decides the outcome. The form is only the vehicle it travels in.

Should I send NR73 if I still own a house in Canada?

That is exactly the fact pattern to think twice about. The form is a full disclosure of ties, and a retained home is one of the ties that most often pulls a determination the other way. Sending it invites a conclusion you may not want, in writing, onto a file that will be consulted later. Where the facts are mixed, the better course is usually to take a position on the departure return, document the reasoning and the evidence behind it, and keep the request in reserve for a situation that genuinely requires it.

How do I prove to an overseas bank that I am non-resident?

This is the case the form suits. A foreign bank or employer that needs certainty before it will open an account or run payroll is asking for something a self-assessed position on a return does not give it, and a determination in writing does. Two conditions make it worth doing: the facts have to be clean, so that the disclosure of your ties points one way rather than being arguable, and the third party has to actually need it. Where both hold, the request is a straightforward piece of work.

Is the CRA's answer on Form NR73 binding?

It is the CRA's view of your residency on the facts you put in front of it. That makes it useful evidence and poor insurance. If the disclosure understated a tie, or if your circumstances change afterwards — a return to Canada, a spouse moving back, a property reoccupied — the view was reached on a set of facts that is no longer yours. It also does not substitute for filing. The departure still has to be reported on a return for the transition year, on a date consistent with whatever was disclosed.

Can I just file a departure return instead of NR73?

Usually, yes, and for most departures that is the whole answer. The return is where the departure date is reported, where the deemed disposition on leaving is calculated, and where the residency split for the year is stated. The determination request adds written confirmation from the CRA and nothing else; it files nothing. So the test is whether a third party needs that confirmation, or whether the facts are unclear enough that you would rather have the CRA's view early than argue about it later.

What is Part XIII withholding tax in Canada?

Part XIII is the Canadian charge on certain amounts paid to non-residents — rent, dividends, interest, royalties, pensions and similar passive income. The payer withholds and remits it, and it is a flat charge on the gross payment rather than on profit, which is why a non-resident landlord can be withheld on far more than the net rental result. Treaties reduce the rate and elective returns recover the excess. See the section 216 return.

How are non-residents taxed on Canadian rental income?

By default the payer or agent withholds a flat rate on the gross rent and remits it, with no deduction for mortgage interest, taxes or repairs. Electing under section 216 lets you file on the net rental result instead, which for most properties recovers a substantial part of what was withheld; an NR6 undertaking filed before the year starts lets the withholding itself be computed on net rather than gross. See the section 216 return.

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