INCOME TAX WHEN APPLICANT OUT OF STATUS

[mrtoronto]

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?


Thanks

 

[toby]

Immigration status and Tax status are different things, we are often told on this forum, so it is possible to be a taxpayer yet have no immigration status.

I'd think that if your husband has been earning money in Canada, and staying here more than 183 days, then he should be paying taxes. I would suggest completing a tax return, and explaining why no SIN in a cover letter.

But before doing so, ask Jonboy, in the Finance and Taxation section; he's the real expert.

 

[mrtoronto]

Thanks for the information.

How do I file my taxes return if my husband doesn't have SIN number

Someone said that he should get a tax id number, is that correct?

 

[jorgeemd]

Hi I work in tax here in Canada and never heard about a tax id number... your identification number for tax purposes would be your SIN.
Pretty hard to file a tax return if he is not here in Canada legally. You need prove of residency (i.e. resident card) or a working visa in order to get your SIN number. I suggest asking legal advice in order straighten your situation.

Canada Revenue Agency has a program for people to come clean and disclose previous information not reported. They would only charge the interest and not penalties if you approach them. Not sure, however, if they have any procedures for communicating immigration in regards to people who have been working here illegally.

If, as you say, your husband has stayed in Canada since 2004 without a valid visa, I don't see how you expect the application to sponsor him be approved. Because of cases like this the immigration processes takes that much time for people like us who have done things always the correct way. Sorry to be tough but that is the truth and I cannot be silent to that.

 

[boasorte]

Hi I work in tax here in Canada and never heard about a tax id number... your identification number for tax purposes would be your SIN.
Pretty hard to file a tax return if he is not here in Canada legally. You need prove of residency (i.e. resident card) or a working visa in order to get your SIN number. I suggest asking legal advice in order straighten your situation.

Canada Revenue Agency has a program for people to come clean and disclose previous information not reported. They would only charge the interest and not penalties if you approach them. Not sure, however, if they have any procedures for communicating immigration in regards to people who have been working here illegally.

If, as you say, your husband has stayed in Canada since 2004 without a valid visa, I don't see how you expect the application to sponsor him be approved. Because of cases like this the immigration processes takes that much time for people like us who have done things always the correct way. Sorry to be tough but that is the truth and I cannot be silent to that.

Sorry, but you are completely wrong when you say that the applicants who are out-of-status are the one to blame for the delays on the processing time.. It's so not true.

The biggest reason for the increase in processing time of applications are the huge amount of applications getting in and the lack of staff to work on it.

The only person who may suffer further delays on the processing time of the application is the person who applied being out-of-status(since they might be called for an assessment interview or even be asked to leave the country, if it's the case) and it only applies for those going through the process INLAND, since those who are out-of-status aren't eligible to apply through the OUTLAND route.

 

[mrtoronto]

I just asked for some help. Honestly I don't need anyone judging what my husband did.

I had a friend who was in Canada for 5 years illegally and her sporsorship application was approved and they didn't even request an interview.

You guys don't know what you're talking about.

 

[Editsniper]

well my wife is from Philippines and she has never been here at all yet, still processing PR for her, but i did my taxes for 2009 and 2010 and they allowed me to claim my wife on my taxes and she doesn't have a SIN number or even been here

 

[mrtoronto]

Btw if you work "in tax" as you said please explain if this form is for people like my husband.

cra-arc.gc.ca/E/pbg/tf/t1261/t1261e.pdf

 

[bondar]

Hi I'm not sure if this will help you, but I know that you do not need a SIN number for income tax. I got married in july and received a letter stating i had to provide my husbands income who live in Eygpt for the 2010 year. This will affect my baby bonus, it was called his "world income". I'm not sure if that will help because your hubby is working here. Dont worry what others think just try your best to get your situation to work for you. At least he came here and was working. Your situation does not delay ours in any way. I wish you all the luck take care.

 

[toby]

Hi I'm not sure if this will help you, but I know that you do not need a SIN number for income tax. I got married in july and received a letter stating i had to provide my husbands income who live in Eygpt for the 2010 year. This will affect my baby bonus, it was called his "world income". I'm not sure if that will help because your hubby is working here. Dont worry what others think just try your best to get your situation to work for you. At least he came here and was working. Your situation does not delay ours in any way. I wish you all the luck take care.

I think this is a different issue. CRA wants to know your husband's worldwide income to calculate how many tax breaks you should get. This is not to say that he could file a tax return without a SIN.

Really, all this speculation is unhelpful. The original poster should go to the Finance and Taxation section, and ask Jonboy, who is a tax accountant.

 

[sidkrose]

well my wife is from Philippines and she has never been here at all yet, still processing PR for her, but i did my taxes for 2009 and 2010 and they allowed me to claim my wife on my taxes and she doesn't have a SIN number or even been here

Yes, I claimed my partner on my income tax, even though he doesn't have a SIN. So that can be done. Just submit a note saying your husband is foreign and has no SIN, that's what I did.

My partner has never worked in Canada, nor stayed here out of status, but those things shouldn't affect claiming a partner on your own income tax, I don't think.

 

[jorgeemd]

all you're doing by having your husband file a tax return is giving CRA an excuse to audit you... If you haven't been audited yet, it does not mean that you won't be in the future. The question you should ask yourself is what would you do in case CRA comes with an audit request? Most probably you won't be able to say to your husband has been working illegaly.

You need to take the right steps. Get proper legal advice on the matter before doing anything yourself.

 

[jorgeemd]

Btw if you work "in tax" as you said please explain if this form is for people like my husband.

cra-arc.gc.ca/E/pbg/tf/t1261/t1261e.pdf

In regards to your post, this form is for a non-resident... (i.e. you've been working in Canada in a temporary asignment and have to report your taxes). In this situation your wont need for sure a SIN. The problem in your case, however, is that it is not as easy as just filing taxes as a "non-resident" when in fact your husband has been living here for 4+ years. He has been evading taxes. The moment you file a return using such form you're immediately rising flag to CRA for an audit - which would have a lot of consequences not only to your husband but also to the company who employs him illegaly (i.e. does not withhold taxes)

I'm not trying to be hard hearted but it is my responsibiltiy say the facts as they are. As I said before, get legal advice before making the situation worse. Dont assume things

 

[justina]

Contact Canada Revenue Agency for a TTN - temporary tax number - for your spouse. My husband was out of status and I did as sidkrose did and claimed him on my taxes after we married. I enclosed a letter saying I was sponsoring him inland for PR and he was not working. This began an arduous process of letters back and forth from CRA, but I also claimed GST rebate. Had I not done so I don't know if there would have been any questions asked. We had to provide his world income, entry date to Canada, etc, but it eventually worked out. My GST rebate did not take him into account as he had no SIN but as far as taxes go, there was no issue. Still waiting for our Child Tax benefit, I applied for that using his TTN but was told it would be linked when he got his SIN.

Since he was working, your case is a bit different and you are required to state his income. However, once you apply for PR, if he is caught working illegally he will be deported and the app thrown out. I would advise you to contact an immigration lawyer as soon as possible.

My husband was not required to file taxes with the TTN, but he had not been working when we married. Your PR app will have required him to show where he has been working and living since age 18. I hope the truth was told. Otherwise this could cause the app to be rejected if it was discovered.

Some people applying for PR that worked under the table have been required to pay tax on that under the table income but others have not.

 

[steaky]

Hi I work in tax here in Canada and never heard about a tax id number... your identification number for tax purposes would be your SIN.
Pretty hard to file a tax return if he is not here in Canada legally. You need prove of residency (i.e. resident card) or a working visa in order to get your SIN number. I suggest asking legal advice in order straighten your situation.

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.