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Does non resident tax return effect citizen application of my family?

cheerup

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Jan 18, 2010
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Hi all, I need your help on requirements of any tax returns while filing for citizenship application. I have filed two non resident Canadian tax returns as I am not residing or earning any income in canada but my wife and children are living in canada for two years. I filed joint tax returns. When my family apply for their Canadian citizenship in future, would that be a problem?. Please advise. Are tax returns a requirement at all?.
 

poushi24

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Sep 12, 2014
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cheerup said:
Hi all, I need your help on requirements of any tax returns while filing for citizenship application. I have filed two non resident Canadian tax returns as I am not residing or earning any income in canada but my wife and children are living in canada for two years. I filed joint tax returns. When my family apply for their Canadian citizenship in future, would that be a problem?. Please advise. Are tax returns a requirement at all?.
Unless any changes in recently tax returns are not required to apply citizenship.
 

keesio

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cheerup said:
Hi all, I need your help on requirements of any tax returns while filing for citizenship application. I have filed two non resident Canadian tax returns as I am not residing or earning any income in canada but my wife and children are living in canada for two years. I filed joint tax returns. When my family apply for their Canadian citizenship in future, would that be a problem?. Please advise. Are tax returns a requirement at all?.
I curious how you got non-tax-resident status from CRA since your family lives in Canada. Usually that is considered very strong ties to Canada and you usually are considered a tax resident even if you live abroad.
 

cheerup

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I believe it goes with where you live most of the year and income being generated out of the country.
 

keesio

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cheerup said:
I believe it goes with where you live most of the year and income being generated out of the country.
That is part of it. But a spouse in Canada is considered a significant residential tie in Canada:
http://www.cra-arc.gc.ca/tx/nnrsdnts/cmmn/rsdncy-eng.html


Step 1: Determine if you have residential ties with Canada

The most important thing to consider when determining your residency status in Canada for income tax purposes is whether or not you maintain, or you establish, residential ties with Canada.

Significant residential ties to Canada include:

a home in Canada;
a spouse or common-law partner in Canada; and
dependants in Canada;
 

cheerup

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Thanks.

I do have home in Canada. My children are going school there, i have leased car, investments etc but as a matter of fact, i am out of Canada most of the year and my income is also not Canadian Income. Does this cause any issue for my family when they apply for their own citizenship?. Thanks
 

keesio

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I don't think it should impact your family. Note though that your wife should be filing taxes on her own (even if she has no income of her own) given the new CIC requirements for citizenship application.
http://www.cic.gc.ca/english/citizenship/become-eligibility.asp#tax

And you should check with a Canadian tax accountant about your tax obligations for Canada. I'm pretty sure you should have been filing taxes for the years you are were abroad given that you have significant residential ties to Canada (if does not matter if you are living and working abroad, the ties to Canada are still all there). Even if you don't plan on applying for citizenship anytime soon, it is best you become tax compliant with CRA
 

cheerup

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Thanks Keesio. I am going to do just that. I appreciate your replies. Regards.
 

torontosm

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cheerup said:
Thanks.

I do have home in Canada. My children are going school there, i have leased car, investments etc but as a matter of fact, i am out of Canada most of the year and my income is also not Canadian Income. Does this cause any issue for my family when they apply for their own citizenship?. Thanks
Given these ties, you are likely a resident for tax purposes and should be paying tax on your global income in Canada.
 

cheerup

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I checked back my records with Turbo Tax software that i used to file taxes and yes, i actually filed Resident Tax Return with Foreign Income. Thank God. I paid for CPP as well which is only possible if you are filing resident Tax return. I am so relieved. Thank you all.