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Tax question raised over Canada’s border data sharing plan

byCT Report
28/06/2016
in Uncategorized
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OTTAWA: As part of a new border information exchange with the U.S., Canada has proposed legislation that would see personal data collected when truck drivers and other motorists exit the country, as is currently done at border entry points.

The Act to amend the Customs Act-Exit information was introduced to the House of Commons on June 15, making good on the March announcement from Prime Minister Trudeau and President Barack Obama that both countries would implement a system to exchange basic biographic entry/exit data, all while maintaining privacy safeguards.

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The information collected would primarily be found within the traveller’s passport, and the traveller’s record of entry in one country could serve as a record of exit from the other, the legislation suggests.

“It’s important that we have a clear picture of who is entering and exiting our country so we can ensure the efficient movement of legitimate trade and travel and keep our border secure,” announced Minister of Public Safety and Emergency Preparedness, Ralph Goodale, who introduced the legislation.

But news of the entry-exit data exchange has created some concern for those seeking clarification around federal tax implications. An individual could be subject to the U.S. Internal Revenue Service’s “substantial presence test” if her or she spends more than 120 days in the country over the course of a year.

In an interview with the Toronto Star on Saturday, Canadian Trucking Alliance president, David Bradley, said clarification is needed about whether simply dropping off a load south of the border could be considered as a day spent in the U.S.

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