Regs on Canadian aircraft "residency"
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Regs on Canadian aircraft "residency"
Hi all,
there is (or at least was) a CARs reg on the books that spoke to the amount of time that a Canadian registered aircraft had to be in Canada. IIRC it was 6 months of the year.
I cannot find this or other regs in the current CARS that speak to this. Could someone direct me to the right section?
Much appreciated!
there is (or at least was) a CARs reg on the books that spoke to the amount of time that a Canadian registered aircraft had to be in Canada. IIRC it was 6 months of the year.
I cannot find this or other regs in the current CARS that speak to this. Could someone direct me to the right section?
Much appreciated!
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Re: Regs on Canadian aircraft "residency"
CAR 202.15(3) discusses a portion of flight time within Canada during a 6-month period for an entity that is not Canadian but is incorporated or formed under the laws of Canada or a province.
Otherwise I have never heard of any “residency” requirement before, and such a thing would defy logic, so long as the owner continues to meet the ownership requirements of 202.15. I am not sure what relevancy IIRC would have, as they (as well as CRA and your provincial medical insurance) deal with persons.
That’s the ownership/registration side. Having some Canadian aircraft based overseas might be challenging when it comes to annual inspections if there isn’t a qualified Canadian AME around.
Otherwise I have never heard of any “residency” requirement before, and such a thing would defy logic, so long as the owner continues to meet the ownership requirements of 202.15. I am not sure what relevancy IIRC would have, as they (as well as CRA and your provincial medical insurance) deal with persons.
That’s the ownership/registration side. Having some Canadian aircraft based overseas might be challenging when it comes to annual inspections if there isn’t a qualified Canadian AME around.
“If it moves, tax it. If it keeps moving, regulate it. If it stops moving, subsidize it.”
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Re: Regs on Canadian aircraft "residency"
I lived in the US for 5 years with my C- registered private aircraft.
There were no Canadian residency requirements for the plane itself that I found when I did my research (2014). It didn't change ownership from me and aside from being a non-resident during that time my citizenship didn't change and I wasn't considered a US permanent resident. I flew back to Canada with the plane several times a year and there were never issues with customs. Your situation could be different depending on the aircraft ownership structure and your citizenship statuses.
My insurer required an additional rider if my aircraft was out of Canada for more than 183 total days of the year (an extra $100-$150). Make sure you look into that if that's the case and get that endorsement otherwise your insurance is not valid.
Some states have luxury tax rules if your aircraft is "resident" for a certain number of days of the year or over a certain dollar value. I don't know if it applies to foreign aircraft. I did have friends with a private jet and I don't know all of the details but they made sure that it left the state once every so many months to avoid this tax. I think it was registered in another state under a corporation. AOPA is a good resource for this, and the $99 for legal services is well worth it if you need to consult with them (as I did on several occasions).
There were no Canadian residency requirements for the plane itself that I found when I did my research (2014). It didn't change ownership from me and aside from being a non-resident during that time my citizenship didn't change and I wasn't considered a US permanent resident. I flew back to Canada with the plane several times a year and there were never issues with customs. Your situation could be different depending on the aircraft ownership structure and your citizenship statuses.
My insurer required an additional rider if my aircraft was out of Canada for more than 183 total days of the year (an extra $100-$150). Make sure you look into that if that's the case and get that endorsement otherwise your insurance is not valid.
Some states have luxury tax rules if your aircraft is "resident" for a certain number of days of the year or over a certain dollar value. I don't know if it applies to foreign aircraft. I did have friends with a private jet and I don't know all of the details but they made sure that it left the state once every so many months to avoid this tax. I think it was registered in another state under a corporation. AOPA is a good resource for this, and the $99 for legal services is well worth it if you need to consult with them (as I did on several occasions).
Re: Regs on Canadian aircraft "residency"
Thank you both for the info. I expect that I must have misheard or misread the reg on "non Canadian entities". It seems familiar to what I recall.
The AOPA Legal Services callout is a good one, thanks for the reminder!
The AOPA Legal Services callout is a good one, thanks for the reminder!
Re: Regs on Canadian aircraft "residency"
There are (Canadian) regulations about keeping a foreign plane in Canada; there are no Canadian regulations about keeping a Canadian plane outside of Canada. Other states may have restrictions on that, but you wouldn't find those details in the CARs.livetofly wrote: ↑Thu Mar 09, 2023 8:46 am Hi all,
there is (or at least was) a CARs reg on the books that spoke to the amount of time that a Canadian registered aircraft had to be in Canada. IIRC it was 6 months of the year.
I cannot find this or other regs in the current CARS that speak to this. Could someone direct me to the right section?
Much appreciated!
DId you hear the one about the jurisprudence fetishist? He got off on a technicality.
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Re: Regs on Canadian aircraft "residency"
My airplane for the last 2 years has been in Arizona about 8-9 months out of the year, I don’t think there’s any rules against how long a C registered airplane can be down in the US for, then again I’ve never looked into it nor gotten in trouble.