qian22

请教小孩回国3个月要不要通知政府部门， 还有没有这3个月的牛奶金拿？谢谢！

2dian

你不通知,可能还有....

nware

如果监护人在这3个月里和孩子在一起，甚至更长的时间不在加拿大，根本不需要通知谁，下面是领取牛奶金的条件

To get the CCTB, all the following conditions must be met.
  

• You must live with the child, and the child must be under 18 years of age.
  
• You must be the person primarily responsible for the care and upbringing of the child. We define primarily responsible on the  previous  page.
  Note
  If  a child does not reside with you all the time, see "Shared eligibility".
  
• You must be a resident of Canada for tax purposes.
  We consider you to be a resident of Canada when you establish sufficient residential ties in Canada. For more information, see Interpretation Bulletin IT-221, Determination of an Individual's Residence Status.
  
• You or your spouse or common-law partner must be:
  
  
  
  • a Canadian citizen;
    
  • as defined in the Immigration and Refugee Protection Act, a "permanent resident";
    
  • as defined in the Immigration and Refugee Protection Act, a "protected person"; or
    
  • as defined in the Immigration and Refugee Protection Act, a "temporary resident" who has lived in Canada throughout the previous 18 months, and who has a valid permit in the 19th month (other than one that states "does not confer status" or "does not confer temporary resident status"). If this is your situation, you should not apply before the 19th month.
    
  
  
  

lkp

如果半年以上孩子和监护人不在加拿大，例如长期在中国住，孩子可以领牛奶金吗？配偶是加拿大公民，have residential ties. :confused:

Post by nware;2178434
如果监护人在这3个月里和孩子在一起，甚至更长的时间不在加拿大，根本不需要通知谁，下面是领取牛奶金的条件

To get the CCTB, all the following conditions must be met.
  

• You must live with the child, and the child must be under 18 years of age.
  
• You must be the person primarily responsible for the care and upbringing of the child. We define primarily responsible on the  previous  page.
  Note
  If  a child does not reside with you all the time, see "Shared eligibility".
  
• You must be a resident of Canada for tax purposes.
  We consider you to be a resident of Canada when you establish sufficient residential ties in Canada. For more information, see Interpretation Bulletin IT-221, Determination of an Individual's Residence Status.
  
• You or your spouse or common-law partner must be:
  
  
  
  • a Canadian citizen;
    
  • as defined in the Immigration and Refugee Protection Act, a "permanent resident";
    
  • as defined in the Immigration and Refugee Protection Act, a "protected person"; or
    
  • as defined in the Immigration and Refugee Protection Act, a "temporary resident" who has lived in Canada throughout the previous 18 months, and who has a valid permit in the 19th month (other than one that states "does not confer status" or "does not confer temporary resident status"). If this is your situation, you should not apply before the 19th month.
    
  
  
  

nware

Residential Ties In Canada

  ¶ 4. The most important factor to be considered in determining whether or not an individual leaving Canada remains resident in Canada for tax purposes is whether or not the individual maintains residential ties with Canada while he or she is abroad. While the residence status of an individual can only be determined on a case by case basis after taking into consideration all of the relevant facts, generally, unless an individual severs all significant residential ties with Canada upon leaving Canada, the individual will continue to be a factual resident of Canada and subject to Canadian tax on his or her worldwide income.
  ¶ 5. The residential ties of an individual that will almost always be significant residential ties for the purpose of determining residence status are the individual's
   (a) dwelling place (or places),
  (b) spouse or common-law partner, and
  (c) dependants.

  ¶ 6. Where an individual who leaves Canada keeps a dwelling place in Canada (whether owned or leased), available for his or her occupation, that dwelling place will be considered to be a significant residential tie with Canada during the individual's stay abroad. However, if an individual leases a dwelling place located in Canada to a third party on arm's length terms and conditions, the CCRA will take into account all of the circumstances of the situation (including the relationship between the individual and the third party, the real estate market at the time of the individual's departure from Canada, and the purpose of the stay abroad), and may not consider the dwelling place to be a significant residential tie with Canada except when taken together with other residential ties (see ¶ 17 for an example of this situation and see ¶ 9 for a discussion of the significance of secondary residential ties).
  ¶ 7. If an individual who is married or cohabiting with a common-law partner leaves Canada, but his or her spouse or common-law partner remains in Canada, then that spouse or common-law partner will usually be a significant residential tie with Canada during the individual's absence from Canada. Similarly, if an individual with dependants leaves Canada, but his or her dependants remain behind, then those dependants will usually be considered to be a significant residential tie with Canada while the individual is abroad. Where an individual was living separate and apart from his or her spouse or common-law partner prior to leaving Canada, by reason of a breakdown of their marriage or common-law partnership, that spouse or common-law partner will not be considered to be a significant tie with Canada.
  ¶ 8. Generally, secondary residential ties must be looked at collectively in order to evaluate the significance of any one such tie, therefore, it would be unusual for a single secondary residential tie with Canada to be sufficient in and by itself to lead to a determination that an individual is factually resident in Canada while abroad. Secondary residential ties that will be taken into account in determining the residence status of an individual while outside Canada are
   (a) personal property in Canada (such as furniture, clothing, automobiles and recreational vehicles),
  (b) social ties with Canada (such as memberships in Canadian recreational and religious organizations),
  (c) economic ties with Canada (such as employment with a Canadian employer and active involvement in a Canadian business, and Canadian bank accounts, retirement savings plans, credit cards, and securities accounts),
  (d) landed immigrant status or appropriate work permits in Canada,
  (e) hospitalization and medical insurance coverage from a province or territory of Canada,
  (f) a driver's license from a province or territory of Canada,
  (g) a vehicle registered in a province or territory of Canada,
  (h) a seasonal dwelling place in Canada or a leased dwelling place referred to in ¶ 6,
  (i) a Canadian passport, and
  (j) memberships in Canadian unions or professional organizations.

  ¶ 9. Other residential ties that the Courts have considered in determining the residence status of an individual while outside Canada, and which may be taken into account by the CCRA, include the retention of a Canadian mailing address, post office box, or safety deposit box, personal stationery (including business cards) showing a Canadian address, telephone listings in Canada, and local (Canadian) newspaper and magazine subscriptions. These residential ties are generally of limited importance except when taken together with other residential ties, or with other factors such as those described in ¶ 10.

51741

Post by qian22;2178307
请教小孩回国3个月要不要通知政府部门， 还有没有这3个月的牛奶金拿？谢谢！

回国才3个月？

用不着通知政府，就当孩子是出国度假了，牛奶金照领不误。

51741

Post by lkp;2178611
如果半年以上孩子和监护人不在加拿大，例如长期在中国住，孩子可以领牛奶金吗？配偶是加拿大公民，have residential ties. :confused:

孩子与其中一位家长长期在中国住，牛奶金照样可以领。

关键是：住在中国一方的家长必须是加国的税务居民，而且须年年申报在中国境内的收入。

lkp

谢谢你的回答， 问题是， 孩子和两位家长都长期住在中国(也许不回加拿大了）， 而他们也没有给加拿大政府交税（有报税），但其中一位家长是加拿大的公民， 这种情况可以拿牛奶金吗？   我周围的朋友真的有这种情况。。。。

Post by 51741;2179570
孩子与其中一位家长长期在中国住，牛奶金照样可以领。

关键是：住在中国一方的家长必须是加国的税务居民，而且须年年申报在中国境内的收入。

51741

Post by lkp;2180343
谢谢你的回答， 问题是， 孩子和两位家长都长期住在中国(也许不回加拿大了）， 而他们也没有给加拿大政府交税（有报税），但其中一位家长是加拿大的公民， 这种情况可以拿牛奶金吗？ 我周围的朋友真的有这种情况。。。。

当然可以。

牛奶金是加国政府给加国低收入的税务居民要抚养孩子的津贴。

孩子和家长都在中国，只要他们有一方是加国公民，还有加国的银行户口，就说明他们仍然是税务居民；他们有报税，就说明他们有履行税务居民的义务。

他们没有给加拿大政府的交税，只能说明他们的收入低，还不到该交税的线，他们还是有领取牛奶金的权利。

权利和义务是对等的。