INCOME TAX WHEN APPLICANT OUT OF STATUS

[jorgeemd]

Are you really working as a tax professional in Canada?  CRA has TTN - temporary tax number for non-residents and it is easy to file a tax return if one is not here in Canada.

As you clearly indicate "TTN for non-residents" - the above individual does not qualify as a non-resident status just because of the fact that he is working here without a permanent visa. He SHOULD pay taxes as a resident. As a result, THERE IS NO TTN that applies to his situation. You're looking at my statment the wrong way and clearly out of context.. The issue is far much more complicated than that.

The fact that a non-resident can file a tax return is far different than from the issue here in question.

[Valhalla]

As you clearly indicate "TTN for non-residents" - the above individual does not qualify as a non-resident status just because of the fact that he is working here without a permanent visa. He SHOULD pay taxes as a resident. As a result, THERE IS NO TTN that applies to his situation. You're looking at my statment the wrong way and clearly out of context.. The issue is far much more complicated than that.

The fact that a non-resident can file a tax return is far different than from the issue here in question.

I guess thats why CRA is so complicated, theres people working with no knowledge at what the're supposed to do at all.


mrtoronto: i have been here in Canada for three years now and overstayed my 6 month visitor visa (so now i am out-of-status) and i have been working (under the table) to support my family (as i cant stand watching my wife supporting me and the baby by her self) so, when we tried to applied for the Universal Child Tax they where asking my wife for my Social Insurance Number (SIN) and she explained to them my situation and that we are "in proses" for the Permanent Residence and after a few weeks they sent us a letter with my Temporary Taxation Number (TTN) which starts with "0" (0XX XXX XXX) and they requested that we provide them with my SIN when the PR process is done and i am able to get one.

 
Here, i will give you the link where your husband can apply for a Temporary Taxation Number (TTN) and get you income tax return done:
 http://www.cra-arc.gc.ca/E/pbg/tf/t2062a/t2062a-08e.pdf

I hope it helps, good luck.

[jorgeemd]

This certainly is not about "luck", but rather about doing the right thing regardless of what was done in the past. It is interesting to read your initial comment considering your final recommendation. The link you provide directs "mrtoronto" to a form requesting a clearance certificate for disposition of certain property  when the taxpayer is non resident. Maybe it is just me, but I wonder how does this form relate to the employment income here in question?

Also, I assume you've never been audited by CRA. If you recommendation is as easy as you propose, maybe you could expand on the implications of a possible audit. Don't you realize that if CRA audit mrtoronto's file they will realize the fact that there is a tax liability from prior years which went unreported? Do you by any chance realize what this means? In addition to having to pay all those taxes (plus interest at the prescribed rate) you need to consider the possible penalties. There is also implication for the employer for not withholding the taxes owed. The fact that CRA assessed your return does not mean that they won't reassess during the period. In fact, an assessment does not even mean that your return received a close scrutiny, and therefore everything should be fine.

It is interest to see how suddenly there is some many "experts" in the area who make all those "recommendations" without even understanding the possible issues that could arise and just oversimplify things... maybe you are right when you say "heres people working with no knowledge at what the're supposed to do at all"... this kind of issues are not day-to-day issues that you would encounter in a normal business situation, and that's why you should be more than careful when making a recommendation like you did.

That is why, as I mentioned earlier in the post, mrtoronto should seek legal advice instead of doing whatever some people are randomly recommending here and just wishing that luck is on their side.

[Valhalla]

This certainly is not about "luck", but rather about doing the right thing regardless of what was done in the past. It is interesting to read your initial comment considering your final recommendation. The link you provide directs "mrtoronto" to a form requesting a clearance certificate for disposition of certain property  when the taxpayer is non resident. Maybe it is just me, but I wonder how does this form relate to the employment income here in question?

Also, I assume you've never been audited by CRA. If you recommendation is as easy as you propose, maybe you could expand on the implications of a possible audit. Don't you realize that if CRA audit mrtoronto's file they will realize the fact that there is a tax liability from prior years which went unreported? Do you by any chance realize what this means? In addition to having to pay all those taxes (plus interest at the prescribed rate) you need to consider the possible penalties. There is also implication for the employer for not withholding the taxes owed. The fact that CRA assessed your return does not mean that they won't reassess during the period. In fact, an assessment does not even mean that your return received a close scrutiny, and therefore everything should be fine.

It is interest to see how suddenly there is some many "experts" in the area who make all those "recommendations" without even understanding the possible issues that could arise and just oversimplify things... maybe you are right when you say "heres people working with no knowledge at what the're supposed to do at all"... this kind of issues are not day-to-day issues that you would encounter in a normal business situation, and that's why you should be more than careful when making a recommendation like you did.

That is why, as I mentioned earlier in the post, mrtoronto should seek legal advice instead of doing whatever some people are randomly recommending here and just wishing that luck is on their side.

   

1.- Non-resident = a person who's not a permanent resident nor a canadian citizen in other words; a person who is TEMPORARILY residing in Canada such as a visitor, temporary worker, student, etc. and who's not ALLOWED to established permanently in the country yet (e.i. persons who are applying for PR like we are).

What your not getting is that mrtoronto is looking forward to finally get their taxes done not for someone that comes and trying to be a smarta*s and give them sh*t for what is not anybody else's business.

I agree, they must seek professional help on their inquires, i am just sharing what i have done, and if you think i am not aware of the consequences or that i am sitting on my tail after work careless of what i have done... then you are wrong but i dont need no one to tell me what i already know. 

[steaky]

 

1.- Non-resident = a person who's not a permanent resident nor a canadian citizen in other words; a person who is TEMPORARILY residing in Canada such as a visitor, temporary worker, student, etc. and who's not ALLOWED to established permanently in the country yet (e.i. persons who are applying for PR like we are).

That's the definition of Non-resident for immigration purpose only.  But for non-resident for tax purposes, there's a different definition.  Even Canadian citizens living outside Canada can be non-resident for tax purposes.

As you clearly indicate "TTN for non-residents" - the above individual does not qualify as a non-resident status just because of the fact that he is working here without a permanent visa. He SHOULD pay taxes as a resident. As a result, THERE IS NO TTN that applies to his situation.

This is getting complicated because Valhalla got the TTN while out of status for immigration purposes.

[arron]

Hi, I can give you first hand advice what to do.

My wife and I were in the same situation, all she had to do was fill out a normal tax return, send along a little note explaining your immigration status, and your lack of a SIN. The number crunchers at Revenue Canada will automatically give you a "Temporary Taxation Number" of nine digits, you will recieve a letter after you file your return telling you what it is, then from then until you get your actual SIN card, use that number for all tax purposes.

My wife actually applied for Child Tax Benefit for my 5 year old stepdaughter, both were overstayed on their 6 month visas (while inland application was in process) they approved it.

CRA does not care at all what your immigration status is, it's not their problem, CRA does not even share information with CIC.

[mrtoronto]

Thanks so much for all replies.

I think that I will do my income taxes as I normally do every year and send a note saying that my husband doesn't have a SIN at the moment.

We want to do the right thing. He didn't even know that he should pay taxes even being out of status.

Btw I'm Canadian citizen and I'm unemployed at the moment. My husband is the one paying all the bills and buying food for our 2 yo son.

[Queen Mason]

I will be glad if someone can help me out.

My husband came to Canada in 2004 with a Visa and overstayed since then. We got married in march 2011 and sent the sponsorship application in July 2011.

I have to change my status to married when filling up my income tax but he doesn't have a SIN number since he is out of status.

He never filed income tax in Canada but he works in construction and makes about 50K cash.

What should I do in this case?


I thought i did not have a sin number since my work permit had expired long way back. I phoned CRA and they told me that my sin number stays the same till some changes it. So i did my income tax return with the same sin and it worked. So, he may not have a working permit, but he keeps the same SIn. I hope it helps.


Thanks