NOA related query

[skm12345]

I have filed my 2012 income tax through an agent. I came to Canada in mid june and stayed for more than 183 days, so I should be a resident of Canada for tax purpose. I am not sure on what basis CRA calculated my tax refund by considering me as non resident. My agent is saying, he sent return as resident only. I have DL, leased home, health card etc, so as per definition I should be resident. Because of this I get less refund as compared to other coulleagues. Also I am not entitled for HST/GST credit. Just want to know if anyone faced similar situation before and what was done for this. Since I am trying to correct this, than I will have a differenct NOA. Shall I mention this in my PR application.

 

[jsm0085]

I have filed my 2012 income tax through an agent. I came to Canada in mid june and stayed for more than 183 days, so I should be a resident of Canada for tax purpose. I am not sure on what basis CRA calculated my tax refund by considering me as non resident. My agent is saying, he sent return as resident only. I have DL, leased home, health card etc, so as per definition I should be resident. Because of this I get less refund as compared to other coulleagues. Also I am not entitled for HST/GST credit. Just want to know if anyone faced similar situation before and what was done for this. Since I am trying to correct this, than I will have a differenct NOA. Shall I mention this in my PR application.

If you got a refund, at all, you were assessed as a resident.

 

[skm12345]

If you got a refund, at all, you were assessed as a resident.

No,this is not true. You can get a refund as non resident too.
In CRA website,it is clearly mentioned that my return was done as non resident.

 

[iamroth]

I maybe wrong, but If you filed for tax and got T4 + NoA... you need to submit those.
If they don't find a T4 +NoA with your application, then they will definitely stop and return the app.
Also as far as I understand, you are not avoiding any Tax, and the return you got is from official CRA.
So why worry about those.

 

[skm12345]

I maybe wrong, but If you filed for tax and got T4 + NoA... you need to submit those.
If they don't find a T4 +NoA with your application, then they will definitely stop and return the app.
Also as far as I understand, you are not avoiding any Tax, and the return you got is from official CRA.
So why worry about those.

You are correct. I have to send T4 and NOA with my application as these are mandatory documents. I will send updated NOA in case I will receive that. Just wanted to check if anyone have similar situation in first time income tax filing.

 

[seton]

You can appeal the assessment. I would consider asking separately for a determination of residency first: http://www.cra-arc.gc.ca/E/pbg/tf/nr74/nr74-12e.pdf with all of your supporting documentation. If they determine you to be a resident as you think you should, then you can appeal with that support.

Alternatively you can just appeal the assessment with additional information supporting your residency claim.

I can't speak for the PR impact of a non-resident NOA - not sure if this will have any bearing on your application.