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Is tax filing required for PR renewal and/or citizenship application even for non resident years

ustocanada49

Star Member
Jan 6, 2017
156
17
Hi Everyone,
I landed in Dec 2018 but only visited Canada for below days each year
2018 - 3 days
2019 - 6 days
2020 - 61 days
2021 - 10 days
I did not file taxes for above years as tax consultants had said I need not since I didn't live for me than 6 months in any of the years and had $0 income from Canadian sources.
However, a friend of mine said I should because from an immigration perspective, IRCC can ask me for them for PR renewal and citizenship applications.

I , how ever, did file for 2022 since I moved to Canada in that year and been living here since.

I wanted to check if anyone here has faced issue if they did not file taxes for the years they did not live.

Thanks very much in advance
 

steaky

VIP Member
Nov 11, 2008
14,307
1,628
Job Offer........
Pre-Assessed..
Hi Everyone,
I landed in Dec 2018 but only visited Canada for below days each year
2018 - 3 days
2019 - 6 days
2020 - 61 days
2021 - 10 days
I did not file taxes for above years as tax consultants had said I need not since I didn't live for me than 6 months in any of the years and had $0 income from Canadian sources.
However, a friend of mine said I should because from an immigration perspective, IRCC can ask me for them for PR renewal and citizenship applications.

I , how ever, did file for 2022 since I moved to Canada in that year and been living here since.

I wanted to check if anyone here has faced issue if they did not file taxes for the years they did not live.

Thanks very much in advance
You will face issue if you apply either of them when you don't meet the required days of residency.
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,774
Hi Everyone,
I landed in Dec 2018 but only visited Canada for below days each year
2018 - 3 days
2019 - 6 days
2020 - 61 days
2021 - 10 days
I did not file taxes for above years as tax consultants had said I need not since I didn't live for me than 6 months in any of the years and had $0 income from Canadian sources.
However, a friend of mine said I should because from an immigration perspective, IRCC can ask me for them for PR renewal and citizenship applications.

I , how ever, did file for 2022 since I moved to Canada in that year and been living here since.

I wanted to check if anyone here has faced issue if they did not file taxes for the years they did not live.

Thanks very much in advance
Tax residency status depends on more than days in Canada. It is days in Canada or ties to Canada. Had you contacted CRA to inform them you were out of the country from 2018 to 2022?
 

ustocanada49

Star Member
Jan 6, 2017
156
17
Tax residency status depends on more than days in Canada. It is days in Canada or ties to Canada. Had you contacted CRA to inform them you were out of the country from 2018 to 2022?
Yes, in 2020, I had contacted a CPA who said I don't need to since I didn't live more than 6 months and hence don't meet the requirement to file. I only was visiting. I did have a credit card and bank account that I had opened right after landing and used for emergency funds transfer during visits. My wife and kids did not come with me to Canada until last year.

I even spoke to another tax consultant this month about past years and she said why do you want to file when you are not required to. She said immigration requirements might be different but from a Tax perspective, I don't need to.Since she was also an immigrant, she said she doesn't think there is any such requirement to file if you didn't live here and that I am thinking too much. Still, I wanted to know from others experience if they faced any difficulties if they didn't file in case like mine. Better to be safe than sorry when it's time to file for immigration benefits.
 
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IndianBos

Hero Member
Oct 8, 2014
306
137
Toronto, Canada
Category........
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App. Filed.......
19-Jun-2014
Nomination.....
16-Oct-2014
File Transfer...
11-Dec-2014
Med's Request
24-Apr-2015 (Delayed for adding a child)
Med's Done....
9-May-2015 (Updated 29-May-2015)
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Passport Req..
17-Jun-2015 (mailed 29-June-2015)
VISA ISSUED...
11-Jul-2015
LANDED..........
7-Sep-2015
If you were not a tax resident for Canada, you don't need to file returns. I became a PR in 2015, and spent only 5-6 days each year in Canada till I finally moved in 2018.
I started filing taxes from 2018 when I established a residence here and moved here for good.
 

ustocanada49

Star Member
Jan 6, 2017
156
17
If you were not a tax resident for Canada, you don't need to file returns. I became a PR in 2015, and spent only 5-6 days each year in Canada till I finally moved in 2018.
I started filing taxes from 2018 when I established a residence here and moved here for good.
Oh, have you filed for PR renewal or Citizenship yet? Everything went smooth?
 

IndianBos

Hero Member
Oct 8, 2014
306
137
Toronto, Canada
Category........
FSW
Visa Office......
CPC-O
NOC Code......
2174
App. Filed.......
19-Jun-2014
Nomination.....
16-Oct-2014
File Transfer...
11-Dec-2014
Med's Request
24-Apr-2015 (Delayed for adding a child)
Med's Done....
9-May-2015 (Updated 29-May-2015)
Interview........
N/A
Passport Req..
17-Jun-2015 (mailed 29-June-2015)
VISA ISSUED...
11-Jul-2015
LANDED..........
7-Sep-2015
Oh, have you filed for PR renewal or Citizenship yet? Everything went smooth?
PR renewal was smooth, I renewed after spending 800 days on PR. Citizenship is in progress, test complete.
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,774
Yes, in 2020, I had contacted a CPA who said I don't need to since I didn't live more than 6 months and hence don't meet the requirement to file. I only was visiting. I did have a credit card and bank account that I had opened right after landing and used for emergency funds transfer during visits. My wife and kids did not come with me to Canada until last year.

I even spoke to another tax consultant this month about past years and she said why do you want to file when you are not required to. She said immigration requirements might be different but from a Tax perspective, I don't need to.Since she was also an immigrant, she said she doesn't think there is any such requirement to file if you didn't live here and that I am thinking too much. Still, I wanted to know from others experience if they faced any difficulties if they didn't file in case like mine. Better to be safe than sorry when it's time to file for immigration benefits.
Important for others reading to contact CRA if you have a SIN# bit are leaving Canada for an extended amount of time. CRA can also determine if you are a tax resident or not. Some are under the false impression that is only based on days within Canada. Some do chose to file a tax return as a non-resident and some confuse mailing address and residential address (assume this may be on purpose some time) but it is important that CRA knows that you are not a resident so you aren’t receiving benefits you aren’t entitled to and committing tax fraud. People receiving benefits incorrectly will have to pay them back with a penalty so not receiving the benefits in the first place is the best idea. Reporting that you are abroad also can prevent identity fraud.