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child tax benefit

hopefulpoet

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May 11, 2014
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I am a Canadian citizen but have been living in the US for the past 15 years (dual citizenship). My husband is a US citizen and we have his PR application submitted. We also have a daughter who will be 2 in August. We've been living here since last October, and I have been working since February (obviously, my husband can't work even though he's an electrician and there are jobs being advertised EVERYWHERE--sooo frustrating!).

Anyway, we are barely scraping by, and someone mentioned the Child tax benefit. I looked into it, but the requirements seem kind of confusing. For example, would we still be eligible even if my husband isn't a US citizen and we haven't been living here for very long? Also, even though I've been working, of course we haven't yet filed taxes since we did not have an income in Canada last year and were only living here for the last 2 months of it.

Please help! We could really use the tax benefits--every little bit would help at this point.
 

truesmile

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You must have been living here for the previous 18 months to be eligible. Also, did you see the very first CRA webpage pertaining to the CCTB . . . ? It states:

"Did you know? Information you provide on your income tax and benefit return is used to calculate your CCTB payments. Make sure you file your income tax and benefit return on time every year, even if you have not received income in the year. "

Also, your submitted tax return is used in the calculation of your CCTB. You can't get any better than a ZERO income tax return for this purpose. I suggest you file one for last year (no worries, if you have no income you'll have nothing to pay), and of course continue filing every year here on in.
 

hopefulpoet

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May 11, 2014
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Yes, you make a great point. I should have filed for last year... I'll do that this week.

Regardless, I'm still confused if we're eligible. I am a Canadian citizen by birth, so the 18 month rule would not apply to me, right? My question is if it's necessary for my husband to also have his PR and/or be a temporary resident who has been here for 18 months. In other words, can just one parent have Canadian status in order to receive the child benefits? I've seen it worded both ways.
 

Awesomeg

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hopefulpoet said:
I am a Canadian citizen but have been living in the US for the past 15 years (dual citizenship). My husband is a US citizen and we have his PR application submitted. We also have a daughter who will be 2 in August. We've been living here since last October, and I have been working since February (obviously, my husband can't work even though he's an electrician and there are jobs being advertised EVERYWHERE--sooo frustrating!).

Anyway, we are barely scraping by, and someone mentioned the Child tax benefit. I looked into it, but the requirements seem kind of confusing. For example, would we still be eligible even if my husband isn't a US citizen and we haven't been living here for very long? Also, even though I've been working, of course we haven't yet filed taxes since we did not have an income in Canada last year and were only living here for the last 2 months of it.

Please help! We could really use the tax benefits--every little bit would help at this point.
Yes, you qualify, just get your taxes done and you may get up to one year of back unclaimed benefits. So hurry, there is some savings waiting for you,
and you and your daughter deserve it.

besides, there is one tax agreement between USA and Canada, so you should consult with a tax expert to make sure that everything is done properly.

Even single Canadian parents would qualify, you are Canadian and your daughter is Canadian, that is what matters here. So you should be OK, if not, you wont know if you don't apply...
 

Alurra71

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hopefulpoet said:
Yes, you make a great point. I should have filed for last year... I'll do that this week.

Regardless, I'm still confused if we're eligible. I am a Canadian citizen by birth, so the 18 month rule would not apply to me, right? My question is if it's necessary for my husband to also have his PR and/or be a temporary resident who has been here for 18 months. In other words, can just one parent have Canadian status in order to receive the child benefits? I've seen it worded both ways.
You may still be able to claim your husband on your taxes as a dependent. Get a reputable tax accountant to look into the CORRECT information for you. If they are well versed in both countries tax laws, it will be that much better as you are both obligated to file a US tax return each year as well because you are both citizens. It might cost a bit more to have them fill out and file your taxes, but trust me, well worth it in the end to get the proper returns done and to ensure you don't get 'bit' by Uncle Sam later on down the road.
 

hanna747

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I am an accountant and I concentrate on taxation and audit. I want to give you a tax advise but I am not cLear with your facts. Please give me a timeline. Example:
Moved to Canada - October 2013
Started work in Canada - February 2014

Etc etc

PLease note that tax in Canada is based on RESIDENCY and NOT citizenship, unLike in the US.
 

hopefulpoet

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Thanks for your help, everyone. We did get our accountant, whom we've used for years in the U.S., to do our U.S. taxes for us this year. And we do know that we will have to keep filing in the U.S. for the rest of our lives.

hanna747--I'm not sure what else needs to be included in the timeline?

October 2013--my husband, daughter and I moved to Canada from the U.S.; my husband gets a 6-month visitor permit

February 2014--I start working full-time; my husband takes care of my daughter while I'm working; we are living with my parents

March 2014--my husband renews his visitor permit for another 6 months

April 2014--we file our U.S. taxes

At first, my husband tried to find a job with a company that had an LMO so he could get a work permit that way, but he didn't have luck. So now we are waiting for his PR application to be approved, but we know that will be a long time yet.

I don't know what else you're looking for?
 

hanna747

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hopefulpoet said:
Thanks for your help, everyone. We did get our accountant, whom we've used for years in the U.S., to do our U.S. taxes for us this year. And we do know that we will have to keep filing in the U.S. for the rest of our lives.

hanna747--I'm not sure what else needs to be included in the timeline?

October 2013--my husband, daughter and I moved to Canada from the U.S.; my husband gets a 6-month visitor permit

February 2014--I start working full-time; my husband takes care of my daughter while I'm working; we are living with my parents

March 2014--my husband renews his visitor permit for another 6 months

April 2014--we file our U.S. taxes

At first, my husband tried to find a job with a company that had an LMO so he could get a work permit that way, but he didn't have luck. So now we are waiting for his PR application to be approved, but we know that will be a long time yet.

I don't know what else you're looking for?

Hi,

Based on the facts that you have given, you are eLigibLe for the Canada ChiLd tax benefit as you have satisfied the foLLowing conditions:
- you are Living with a chiLd who is under the age of 18
- you are responsibLe for the upbringing and care for the chiLd
- you are a resident in Canada
- you are a Canadian citizen (pLease note that the 18 month ruLe is for the individuaLs who are temporariLy resident in Canada and their are stiLL LegaLLy can stay on the 19th month)

As per the above conditions being satisfied, the foLLowing shouLd be submitted:
- form
http://www.cra-arc.gc.ca/E/pbg/tf/rc66/rc66-13e.pdf

- you do not have to submit any back-up yet such as proof of citizenship since your fiLLing is within 11 months after the date of your moved to Canada (not considered Late fiLing)

- CRA wouLd contact u for audit purposes.



For the tax return of 2013, you DO NOT have to submit it since you are a part time resident in Canada (moved In Canada in the middLe of the year) with no income to decLare based on the facts you have given. Part time residents are onLy obliged to submit the tax return if you owe tax or want to cLaim a refund.

However, since you want to receive the Canada chiLd tax benefit payments, you have to fiLe the income tax return for 2013 REGARDLESS if you have an income or not.

Hence, submit both the chiLd tax benefit form and income tax return the same time to CRA.

You may aLso be eligibLe for GST/HST credit. This is a question in the income tax return form.

Your spouse's 2013 income shouLd be decLared in your income tax return.

If you have any more question, pLease do not hesitate to contact me.

*** pardon my grammar since I am typing in an iPhone.
 

hopefulpoet

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May 11, 2014
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Thank you so much, hanna747--that was very helpful.

I tried to efile last night, but when I finished filling out the forms and tried to submit it, it said I could not efile. Rather, I have to print out the forms and mail them in. Is that because things look strange because I have no income to report, and I've only been in Canada for a fraction of the year? I did include my husband's income when it asked for his net income from when I was a non-resident of Canada last year.
 

screech339

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hopefulpoet said:
Thank you so much, hanna747--that was very helpful.

I tried to efile last night, but when I finished filling out the forms and tried to submit it, it said I could not efile. Rather, I have to print out the forms and mail them in. Is that because things look strange because I have no income to report, and I've only been in Canada for a fraction of the year? I did include my husband's income when it asked for his net income from when I was a non-resident of Canada last year.
CRA doesn't allow first time income filing to efile. It applies to everyone, Canadian/PRs. You would have to submit your income tax by paper first before qualifying yourself to efile for income tax the following year.

I had to submit my income tax by paper first before I was able to file my income tax electronically the following year. That also includes going to any income tax companies like H&R Block.
 

hanna747

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screech339 said:
CRA doesn't allow first time income filing to efile. It applies to everyone, Canadian/PRs. You would have to submit your income tax by paper first before qualifying yourself to efile for income tax the following year.

I had to submit my income tax by paper first before I was able to file my income tax electronically the following year. That also includes going to any income tax companies like H&R Block.
I agree. You have to submit it first on paper before you could submit it on an e-file. But i want to make a note that regardless if you have an income or not, it can be done in an efile. only the first time taxpayers are required to submit through paper forms.
 

VioletBlue

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a lil tip regarding retro child tax payments...they WILL ask you to prove it to them that your child has been in Your care for the ENTIRE period....we are doing the same and they ask for letters from family doc....school...any programs....they just wanna make sure that it was you that cared for your baby before cashing out....so keep any proof..or start getting letters etc. g'luck!
 

screech339

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VioletBlue said:
a lil tip regarding retro child tax payments...they WILL ask you to prove it to them that your child has been in Your care for the ENTIRE period....we are doing the same and they ask for letters from family doc....school...any programs....they just wanna make sure that it was you that cared for your baby before cashing out....so keep any proof..or start getting letters etc. g'luck!
We had the same issue. CRA wanted proofs that the child were in our care at the current address since we first moved back to Canada. So we submitted our lease agreement and receipts of our city child program services such as swim classes, pre-kindergarten classes.
 

VioletBlue

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Its SOOO annoying...They want letters from Social Worker or a lawyer who have personal knowledge that she has been in our care whole time....Well, She HAS been in our care...thats why we Dont know any social workers...cuz we didnt have to deal w them DUH!!...we don't know any lawyers....shes only 2 so doesn't go to school...so cant get a letter from there....I wish they could somehow check that on Their end...and see we cared for her her whole life! ugh...ok rant Over lol
 

hopefulpoet

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May 11, 2014
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OK, but this isn't my first time filing... I filed when I used to live in Canada about 15 years ago. So maybe it's been too long, and it's considered my first time again?

I agree about the annoyance of having to prove things like being a caregiver to our own children. Nothing is ever easy, I guess. I don't even care about getting the CCTB retroactively--I would just like to have it going forward.