Emigrate - Departure tax exemption

[rjoshi123]

Generally, when you’re no longer a resident of Canada, you are deemed to dispose of all property owned at that date, with specific exceptions.

One of the exception being
short-term residents of Canada (i.e., resident for no longer than 60 months in the 10-year period before emigration)

My question is how is that 60 months calculated for example.
2012 - 3 months(filed as NR as less than 183 days)
2013 - 5 months(filed as NR as less than 183 days)
2014 - 10 months(filed as Resident as more than 183 days)
2015 - 10 months(filed as Resident as more than 183 days)

So for 60 months calculation will CRA consider
28 months - Based on my physical presence or
20 months - Based on when I became tax resident.

 

[torontosm]

Generally, when you’re no longer a resident of Canada, you are deemed to dispose of all property owned at that date, with specific exceptions.

One of the exception being
short-term residents of Canada (i.e., resident for no longer than 60 months in the 10-year period before emigration)

My question is how is that 60 months calculated for example.
2012 - 3 months(filed as NR as less than 183 days)
2013 - 5 months(filed as NR as less than 183 days)
2014 - 10 months(filed as Resident as more than 183 days)
2015 - 10 months(filed as Resident as more than 183 days)

So for 60 months calculation will CRA consider
28 months - Based on my physical presence or
20 months - Based on when I became tax resident.

I think you missed the first part of the exemption rule, which says that it only applies to property that you held before you became a resident:

"11. Subsection 48(4) excludes from the deemed disposition rule of subsection 48(1) any property owned by an individual (other than a trust) if the taxpayer either owned the property immediately before becoming resident or acquired it by inheritance or bequest after becoming resident, provided that during the 10-year period immediately before ceasing to be a resident the taxpayer was not resident in Canada for periods totalling more than 60 months. "

 

[rjoshi123]

Thanks for pointing that out. Luckily for me I am talking about property before becoming resident.

So would CRA be considering 28 months or 20 months?