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HELP - Income Tax Filing Requirement for Canadian Citizenship Application

officialjatr

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Hello,

I came here last March 2015 and I am eligible to apply for a Canadian Citizenship based on the number of days I stayed here in Canada. However, I only filed taxes for 2016 and 2017. I haven't filed taxes for 2018 because I still have not received my T4s from my employers. Can I still proceed to my application?
Do I need to make an explanation letter to further explain that I will file my taxes immediately once I receive my T4s?
 

Optimist22222

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Hello,

I came here last March 2015 and I am eligible to apply for a Canadian Citizenship based on the number of days I stayed here in Canada. However, I only filed taxes for 2016 and 2017. I haven't filed taxes for 2018 because I still have not received my T4s from my employers. Can I still proceed to my application?
Do I need to make an explanation letter to further explain that I will file my taxes immediately once I receive my T4s?
For every year, it is asked in the application form that, "were you required to file returns and did you file the returns"? Theoretically speaking, you can answer Yes/Yes to 2016 -2017 and Yes/No with an explanation that you still have not received the T4s for 2018. However, I will suggest to send your application after you are able to file your tax returns. This will also give you some extra cushion time of your presence in Canada.
 
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You need to file taxes for at least 3 years before applying.
You should have files taxes in 2015. Why did you not ? Your options now will be to file 2015 now and apply OR wait to file for 2018 before applying. Good luck
 

zardoz

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Agreed. You should have filed for 2015. CRA may be curious why you did not do so. You were a resident for tax purposes.
 

PMM

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Hi

You need to file taxes for at least 3 years before applying.
You should have files taxes in 2015. Why did you not ? Your options now will be to file 2015 now and apply OR wait to file for 2018 before applying. Good luck
1. No, if you have no earned income in Canada, you don't have to file a tax return for 2015.
 

spyfy

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Gee, there is a lot of misunderstandings here.

A lot of people think that the following statement is true:
If you earned income in a year, you must file a tax return.
This is simply and outright wrong. Here is the official list:
https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/you-have-file-a-return.html

If you don't owe any taxes, you don't have to file, even if you worked. If you only have a classic T4-job, the employer will take your tax away at the source.

Of course it is always advisable to file a tax return because most people get a refund. But there is nothing wrong with not filing if you are a totally standard T4 employee.

A lot of people also think that this is true:
You must have filed three tax returns to be able to apply for citizenship.
This is, again, incorrect. You only need to be in compliance with the tax filing requirements in three years. The form asks you for two things:

Were you required to file? Did you file?
If your answer is No-No, it counts as one of those three years.
If your answer is No-Yes, it counts as one of those three years.
If your answer is Yes-Yes, it counts as one of those three years.
Only if your answer is Yes-No does it not count as one of those three years.
Source: Section 5 (1) (c) (iii) of the Citizenship Act.

Also, a lot of people think that this is true:
It is January 2019. So if you haven't filed for 2018, you can't apply for citizenship until you filed taxes if you were required to file.
This is, again, incorrect. See here:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/service-annoucement-tax-filing-requirements-for-early-2019-applicants.608739/
 
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spyfy

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You need to file taxes for at least 3 years before applying.
You should have files taxes in 2015. Why did you not ? Your options now will be to file 2015 now and apply OR wait to file for 2018 before applying. Good luck
This is wrong, see above.

Agreed. You should have filed for 2015. CRA may be curious why you did not do so. You were a resident for tax purposes.
Sorry, I know you are a very senior member, but I have to point out that it is incorrect that every resident for tax purposes has to file taxes, see above.

For every year, it is asked in the application form that, "were you required to file returns and did you file the returns"? Theoretically speaking, you can answer Yes/Yes to 2016 -2017 and Yes/No with an explanation that you still have not received the T4s for 2018. However, I will suggest to send your application after you are able to file your tax returns. This will also give you some extra cushion time of your presence in Canada.
An extra physical presence cushion is of course always nice, but as stated above, it is not necessary to wait until you filed taxes for 2018 to apply. I explained this above. Also, I was in this exact situation in February 2018 with my 2017 taxes and it was no problem when I applied. I got AOR and everything.
 
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This is wrong, see above.



Sorry, I know you are a very senior member, but I have to point out that it is incorrect that every resident for tax purposes has to file taxes, see above.



An extra physical presence cushion is of course always nice, but as stated above, it is not necessary to wait until you filed taxes for 2018 to apply. I explained this above. Also, I was in this exact situation in February 2018 with my 2017 taxes and it was no problem when I applied. I got AOR and everything.
Spyfy, how did you arrive at the conclusion that OP was not required to file taxes in 2015? Did he explicitly State that? Using your example if he was required to file and did not, I maintain that he is not eligible based in the tax filing requirement of the citizenship Act.

I guess he needs to provide more info which is why I initially asked “why did you not?”
 

spyfy

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Spyfy, how did you arrive at the conclusion that OP was not required to file taxes in 2015? Did he explicitly State that? Using your example if he was required to file and did not, I maintain that he is not eligible based in the tax filing requirement of the citizenship Act.

I guess he needs to provide more info which is why I initially asked “why did you not?”
You wrote "You need to file taxes for at least 3 years before applying."
That's the sentence I was referring to as incorrect. Sorry in case you meant something else, but I read this sentence in this forum a lot and wanted to clarify.

Even if the OP were required to file in 2015 and didn't file, they would still be eligible for citizenship because:
  • They fulfilled the requirement for 2016
  • They fulfilled the requirement for 2017
  • They are in the "grace period" for 2018, see my link from the IRCC website above. It's still very early in 2019.
So they are good for those three years.

Edit: Sorry, when I wrote "see my link from the IRCC website above" I in fact meant the link I shared in the other forum post, which I linked above but here are the details:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/grant/residence/income-tax-filing.html

Quote: "Also, applicants who submit their application early in the calendar year would not have been required to file taxes yet for the previous calendar year."
 
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dpenabill

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A lot of people think that the following statement is true:
If you earned income in a year, you must file a tax return.
This is simply and outright wrong. Here is the official list:
https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/you-have-file-a-return.html

If you don't owe any taxes, you don't have to file, even if you worked. If you only have a classic T4-job, the employer will take your tax away at the source.
Notwithstanding your well-stated and informative contributions regarding tax filing obligations for citizenship applicants, A Small Quibble:

A small quibble, but not all that easily explained . . . or at least I am not fluent enough to explain this simply.

It appears you may have misinterpreted "You have to pay tax for 2017."

I am NO tax authority by a long shot, thus way way shy of being an expert, but I suspect you have conflated owing an outstanding balance with owing a tax which has been paid through employer withholding. My understanding is that the fact the amount of tax the individual owes for the year has been paid, such as paid by an employer through withholding, does not negate the fact that the individual has to pay tax for 2017. Thus, for example, if the individual completes the tax return and there is any amount owing, the individual is obligated to file a return even if he or she will get a refund.

That is, even if an employer has withheld the full amount of tax an employee owes in tax for the tax year, the employee is still obligated to file a return.

That is, even if an individual has a refund due to him or her, the individual is obligated to file a return . . . not just to obtain the refund, but obligated by CRA to file the return.

Thus, for example, if an individual completes a tax return and there is a positive amount due on line 420 of the T1 General form, that means the individual meets the "you have to pay tax" criteria resulting in an obligation to file a return, again EVEN IF AN EMPLOYER WITHHELD AND PAID MORE THAN THAT AMOUNT ON THE EMPLOYEE'S BEHALF.

It is true that when an employer withholds everything an employee ultimately owes for the given tax year, there is NO penalty for failing to file a return for that year . . . penalties are based on percentage of amounts outstanding as of April 30 the following year (filing deadline for many is also April 30, but the payment deadline for everyone is April 30 the following year, with perhaps some exceptions). But there is still the obligation to file EVEN if CRA does not actively pursue the taxpayer.

Where my lack of tax expertise falls short is to what extent any other tax obligation calculated in the tax return triggers the obligation to file a return. For example, does owing any CPP tax (which should be fully withheld and paid to CRA by an employer) constitute having to pay a tax for the year? My sense is YES, but again I am not an authority about this. But if so, this would mean anyone who earned income in the tax year is indeed someone who meets the criteria "you have to pay tax" for that tax year. That is, this would mean anyone who was employed at all in a given tax year is obligated to file a return for that year.

What I am quite sure of is that the fact the tax a person has to pay for a given year is already paid, such as by an employer, meets the criteria of having to pay tax.

Again, as I said I am no tax authority. There may still be particular situations in which a person has earned or otherwise received income in a given tax year but NOT owe any tax (in which event the person would be entitled to 100% of all that was withheld). BUT IN GENERAL, ANYONE WHO HAS EARNED INCOME IN A GIVEN YEAR IS ALMOST ALWAYS OBLIGATED TO FILE A RETURN (even if there is no actual penalty, other than forfeiting a refund or credits, for not doing so).
 

spyfy

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Notwithstanding your well-stated and informative contributions regarding tax filing obligations for citizenship applicants, A Small Quibble:

A small quibble, but not all that easily explained . . . or at least I am not fluent enough to explain this simply.

It appears you may have misinterpreted "You have to pay tax for 2017."

I am NO tax authority by a long shot, thus way way shy of being an expert, but I suspect you have conflated owing an outstanding balance with owing a tax which has been paid through employer withholding. My understanding is that the fact the amount of tax the individual owes for the year has been paid, such as paid by an employer through withholding, does not negate the fact that the individual has to pay tax for 2017. Thus, for example, if the individual completes the tax return and there is any amount owing, the individual is obligated to file a return even if he or she will get a refund.

That is, even if an employer has withheld the full amount of tax an employee owes in tax for the tax year, the employee is still obligated to file a return.

That is, even if an individual has a refund due to him or her, the individual is obligated to file a return . . . not just to obtain the refund, but obligated by CRA to file the return.

Thus, for example, if an individual completes a tax return and there is a positive amount due on line 420 of the T1 General form, that means the individual meets the "you have to pay tax" criteria resulting in an obligation to file a return, again EVEN IF AN EMPLOYER WITHHELD AND PAID MORE THAN THAT AMOUNT ON THE EMPLOYEE'S BEHALF.

It is true that when an employer withholds everything an employee ultimately owes for the given tax year, there is NO penalty for failing to file a return for that year . . . penalties are based on percentage of amounts outstanding as of April 30 the following year (filing deadline for many is also April 30, but the payment deadline for everyone is April 30 the following year, with perhaps some exceptions). But there is still the obligation to file EVEN if CRA does not actively pursue the taxpayer.

Where my lack of tax expertise falls short is to what extent any other tax obligation calculated in the tax return triggers the obligation to file a return. For example, does owing any CPP tax (which should be fully withheld and paid to CRA by an employer) constitute having to pay a tax for the year? My sense is YES, but again I am not an authority about this. But if so, this would mean anyone who earned income in the tax year is indeed someone who meets the criteria "you have to pay tax" for that tax year. That is, this would mean anyone who was employed at all in a given tax year is obligated to file a return for that year.

What I am quite sure of is that the fact the tax a person has to pay for a given year is already paid, such as by an employer, meets the criteria of having to pay tax.

Again, as I said I am no tax authority. There may still be particular situations in which a person has earned or otherwise received income in a given tax year but NOT owe any tax (in which event the person would be entitled to 100% of all that was withheld). BUT IN GENERAL, ANYONE WHO HAS EARNED INCOME IN A GIVEN YEAR IS ALMOST ALWAYS OBLIGATED TO FILE A RETURN (even if there is no actual penalty, other than forfeiting a refund or credits, for not doing so).
Thanks for your detailed response! I am also no expert in tax matters and I might very well be wrong (wouldn't be the first time), but do you have any source for what you suggest?

I think what you are saying is this:
If someone had only a single T4-style job, they still have to file taxes even if they thing they don't owe taxes and/or would be entitled to a refund.

Whereas I think:
You only have to file taxes if you actually owe taxes (i.e. the tax the CRA is entitled to is MORE than what already has been deducted on your T4s).

Or in other words: If your "hypothetical tax owing line" is negative, you don't have to file.

Why I think that I am right (but again, I might very well misread things) is, for example this guide that writes something similar to many other guides:
https://youngandthrifty.ca/tax-season-canada-2019/

Quote:
"Do You Need to File Taxes in Canada 2019?
Technically, you only have to file your taxes if you owe money to the government. That said, it’s still good practice to file your taxes every year for two main reasons.
First, if you don’t owe money, there’s a chance you’ll receive a refund from the government. This money can be put to good use bettering your finances."

As an aside to be clear: we of course both agree that it is just stupid from a money perspective not to claim your refund. We only seem to have different interpretations regarding the question if there is a legal requirement to do so.
 

dpenabill

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Thanks for your detailed response! I am also no expert in tax matters and I might very well be wrong (wouldn't be the first time), but do you have any source for what you suggest?

I think what you are saying is this:
If someone had only a single T4-style job, they still have to file taxes even if they thing they don't owe taxes and/or would be entitled to a refund.

Whereas I think:
You only have to file taxes if you actually owe taxes (i.e. the tax the CRA is entitled to is MORE than what already has been deducted on your T4s).

Or in other words: If your "hypothetical tax owing line" is negative, you don't have to file.

Why I think that I am right (but again, I might very well misread things) is, for example this guide that writes something similar to many other guides:
https://youngandthrifty.ca/tax-season-canada-2019/

Quote:
"Do You Need to File Taxes in Canada 2019?
Technically, you only have to file your taxes if you owe money to the government. That said, it’s still good practice to file your taxes every year for two main reasons.
First, if you don’t owe money, there’s a chance you’ll receive a refund from the government. This money can be put to good use bettering your finances."

As an aside to be clear: we of course both agree that it is just stupid from a money perspective not to claim your refund. We only seem to have different interpretations regarding the question if there is a legal requirement to do so.
To be clear: the disagreement is about the meaning of "you have to pay tax for [tax year xxxx]."

Short version of the disagreement:

-- If you have no outstanding tax balance due because all tax due was fully paid by employer withholding, that means it is NOT the case ""you have to pay tax for [tax year xxxx]." No obligation to file a return.

-- VERSUS --​

-- If you have income for which any tax is due, that means"you have to pay tax for [tax year xxxx]" EVEN IF there is NO outstanding balance due because the tax was fully paid by employer withholding. Thus, there is an obligation to file a return.​


My view is obviously the latter. Which should easily be illuminated by what is no more than a tautology: If there is a tax obligation incurred during the year there is a tax obligation for that year.

The other view parses the tense in a general description to limit its meaning to an outstanding debt.


Wandering Into Weeds And Repetition:

You appear to stand behind an interpretation which concludes an individual is NOT someone who has "to pay tax for [tax year xxxx]" so long as any tax for income during the year has already been fully paid . . . perhaps limiting this to fully paid by employer withholding (as opposed to paid by quarterly installments during the tax year, or other credits).

To my view there is NO DOUBT: if there is any tax due for income in a given tax year, that means "you have to pay tax for [tax year xxxx]." And how or when the tax is paid is NOT relevant in determining if there is an obligation to file. That is, how the tax is paid cannot negate the fact that a tax is due for the income. Even if the tax has already been paid in full. By employer withholding or otherwise.

Thus, if any tax is due for a given tax year, there is an obligation to file a return. That is the baseline trigger. (Apart from any other fact or circumstance triggering an obligation to file, and in addition to when it is nonetheless wise to file even if filing is not required.) Almost everyone who receives any income owes some tax on that income, thus hitting the baseline criteria of having to pay some tax for the year, and thus is obligated to file a return.

Thus, as I tried to say in my previous post, and again I realize that I am NOT fluent explaining tax matters, it is clear you are conflating having to pay a tax with owing an OUTSTANDING balance for tax obligations. And this applies to how, it appears, you have interpreted: "Technically, you only have to file your taxes if you owe money to the government." This statement, to be clear, is true, meaning if there is any tax due for the tax year. Not just if there is still an outstanding balance due.

Stated yet another way: The fact that an individual has credits totaling enough to fully cover the amount due, including credits based on employer withholding, or installment payments made, or other credits, does not negate the tax obligation, it merely SATISFIES (pays) the tax obligation. That is, if what the employer withheld is equal to or more than the TAX OWED, the tax obligation is paid.

I recognize you may or even probably still disagree. After all, all I have offered is slightly different ways of stating the same thing.

There are many other informational sites online which, like the CRA information and the tax guidance site you cite, similarly state the baseline criteria. Occasionally some explicitly note that if an individual received any income (some say "any at all"), there will be a tax owed, which means there is an obligation to file a return. But these sites tend to be no more authoritative than the YoungandThrifty site you quote or are populated by user/participant responses (subject to similar reliability limitations as this forum), such as https://money.stackexchange.com/questions/44504/do-i-have-to-file-taxes-in-canada-if-no-income . . . for example, the response posted at the latter site states:

Now, if you receive any income at all, you are going to have to pay taxes, which means you are obligated to file a tax return. If sufficient taxes were deducted from your paycheque, you are still obligated to file a tax return.

Which is my understanding except I am not sure about the "any income at all" (I'm typically inclined to expect some exceptions to any rules not absolute on their face). And again recognizing that is a user answer and not an authoritative (let alone official) source.

For those who insist that if employer withholding fully covers any tax owed for the year then there is no tax owed for the year, history strongly suggests they will not be persuaded differently.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

The fact that under the Canadian tax system it is especially disadvantageous to not file a return EVEN if one is not obligated to file a return, is no mere aside. At the least it tends to set apart and make more obvious those who do not file, making it easier for CRA AND OTHER government agencies (including IRCC) to identify potential scofflaws (which is what I think @zardoz was referencing even though erroneously commenting that just being a tax-resident requires filing a tax return).

IN ANY EVENT, I strongly think that prospective applicants should make no mistake: if an applicant checks "NO" not required to file, AND "NO" did not file, for years the applicant's work history shows employment in Canada, that is bound to raise a red flag . . . and if one or more such years are necessary to meet the requirement to have complied with tax filing obligations for three of the five preceding tax years, that is likely to do worse than merely raise a red flag and could have a negative impact on the outcome of the application (which if so, this cannot be cured after the application is made, since the applicant needed to have met the tax filing obligations for three of the preceding five tax years as of when the application was made; a new application would have to be made).

And I agree with what I think was the point of @zardoz's caution (despite overstating the obligation to file), that there is some risk of elevated scrutiny if an applicant does not file a return for years the applicant has been resident in Canada (how much so is obviously likely to vary; not so much if not at all employed that year; perhaps not so much if it is just one of the five tax years; more so if in conjunction with other factors suggesting reasons-to-question-presence).
 
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spyfy

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IN ANY EVENT, I strongly think that prospective applicants should make no mistake: if an applicant checks "NO" not required to file, AND "NO" did not file, for years the applicant's work history shows employment in Canada, that is bound to raise a red flag . . . and if one or more such years are necessary to meet the requirement to have complied with tax filing obligations for three of the five preceding tax years, that is likely to do worse than merely raise a red flag and could have a negative impact on the outcome of the application (which if so, this cannot be cured after the application is made, since the applicant needed to have met the tax filing obligations for three of the preceding five tax years as of when the application was made; a new application would have to be made).

And I agree with what I think was the point of @zardoz's caution (despite overstating the obligation to file), that there is some risk of elevated scrutiny if an applicant does not file a return for years the applicant has been resident in Canada (how much so is obviously likely to vary; not so much if not at all employed that year; perhaps not so much if it is just one of the five tax years; more so if in conjunction with other factors suggesting reasons-to-question-presence).
I definitely agree on this part.

About the definition of "you have to pay tay", I will look into it again, you might very well be right. Btw: I know of several other countries where I know for for sure you don't have to file as long as tax has been collected at the source. This does not mean it is that way in Canada, just that it is a realistic possibility. I will see if I can find anything, but the more I'm reading you reasoning, the more it makes sense.
 

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Can anybody help me in citizenship application form about tax ?