+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Do I need to file taxes?

ahm123

Newbie
Jul 6, 2018
2
0
Hi, I have a question about whether or not I should be filing taxes for 2017. I know it is past the deadline but I was initially of the impression that I definitely do not need to file them, and now after hearing other opinions, I am a bit confused. My situation is as follows:
- I became a PR in October 2017 and did only a soft landing staying for 3 weeks before returning to my home country where I work (salaried job) and live. So I was in Canada for only 3 weeks in the entire 2017.
-My spouse lived and worked in Canada in 2017 and paid her taxes and she sponsored my PR. Note that she did not claim any spousal benefit in her taxes.
-My spouse moved back to live with me in our home country (Pakistan) in 2018. We plan to return together to permanently live in Canada in about 2 years.
-When I came to Canada I did not apply for health card as I knew I would not be eligible. I did apply for a sin card and made a basic chequing account in which I put very little money.
-I am a citizen of Pakistan which has a treaty with Canada with all the usual tie breaker rules for residency. https://www.fin.gc.ca/treaties-conventions/pakistan_-eng.asp

Given this situation:
-Would I be considered a resident for tax purposes?
-If not, do I need to do any paperwork to formalize that? Would it be a good idea to submit a determination of residency to CRA, or will that cause unnecessary complications?
-Would being a non resident for tax purposes for the first 1-2 years affect my future PR renewal in any way (assuming that I eventually fulfill the physical presence requirement)?
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,771
My understanding is that your wife needed to declare your income since the date you got married and needed to declare that she was married. From my understanding you don't need to file. I am not a tax accountant though.
 

ahm123

Newbie
Jul 6, 2018
2
0
Thanks for your feedback. Yes she did declare that in her income tax. I also think I don't need to file..per my understanding, based on subsection 250 (5) in Income Tax Folio S5-F1-C1 and then applying the tiebreaker rules in the treaty I would be considered a "deemed non-resident" for Canada tax purposes. However, I'm not an accountant/lawyer either and have been getting confusing opinions from people around me, so I just want to confirm if my understanding is correct. Would appreciate iany recommendations for a tax accountant or lawyer in the Toronto area who is knowledgeable about such situations.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,771
Thanks for your feedback. Yes she did declare that in her income tax. I also think I don't need to file..per my understanding, based on subsection 250 (5) in Income Tax Folio S5-F1-C1 and then applying the tiebreaker rules in the treaty I would be considered a "deemed non-resident" for Canada tax purposes. However, I'm not an accountant/lawyer either and have been getting confusing opinions from people around me, so I just want to confirm if my understanding is correct. Would appreciate iany recommendations for a tax accountant or lawyer in the Toronto area who is knowledgeable about such situations.
You're going to have to pay for that.