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question regarding tax filing for citizenship application

anandg12

Hero Member
Jun 26, 2015
270
47
Hello all,

I did my soft landing as a PR in June 2016 and stayed for a week in Toronto (I was working in another country at that time). I moved permanently to Canada in January 2017. I filed my taxes for years 2017 and 2018.

I am planning to apply for citizenship early next year and saw that I am required to file taxes for 3 years to be eligible for citizenship. Should I have filed taxes for 2016 even though I did not work in Canada then and was only there for a week? Should I get an accountant and file my taxes for 2016 now? Any tips or help regarding this matter is appreciated. Thanks in advance!
 

KRP

Hero Member
Jan 13, 2012
847
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Category........
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LANDED..........
01/02/2011
Hello all,

I did my soft landing as a PR in June 2016 and stayed for a week in Toronto (I was working in another country at that time). I moved permanently to Canada in January 2017. I filed my taxes for years 2017 and 2018.

I am planning to apply for citizenship early next year and saw that I am required to file taxes for 3 years to be eligible for citizenship. Should I have filed taxes for 2016 even though I did not work in Canada then and was only there for a week? Should I get an accountant and file my taxes for 2016 now? Any tips or help regarding this matter is appreciated. Thanks in advance!
With elections nearing shortly ,you never know, if the Cons win whether they will reverse it back to 4 years for eligibility.
 

anandg12

Hero Member
Jun 26, 2015
270
47
With elections nearing shortly ,you never know, if the Cons win whether they will reverse it back to 4 years for eligibility.
Can we please remain on topic and not talk about ifs/buts? Even if they do revert to 4 years, legislation and approval will take time to implement. I am planning to apply in Jan/Feb 2020.
 

3bdcanada

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Mar 29, 2014
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01-Feb-2015
With elections nearing shortly ,you never know, if the Cons win whether they will reverse it back to 4 years for eligibility.
even if they do, this won't happen in few months..there is a process they have to go through
 

3bdcanada

Hero Member
Mar 29, 2014
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01-Feb-2015
Hello all,

I did my soft landing as a PR in June 2016 and stayed for a week in Toronto (I was working in another country at that time). I moved permanently to Canada in January 2017. I filed my taxes for years 2017 and 2018.

I am planning to apply for citizenship early next year and saw that I am required to file taxes for 3 years to be eligible for citizenship. Should I have filed taxes for 2016 even though I did not work in Canada then and was only there for a week? Should I get an accountant and file my taxes for 2016 now? Any tips or help regarding this matter is appreciated. Thanks in advance!
Well, there is no requirement for you to fill in the taxes for the last three years; the requirement for you is to follow the taxing rules as per the income tax act of canada. In other words, if you are generating income, then you must file taxes, else you don't need to file taxes (though you might lose some benefits but that's another topic).
So in your specific case, for 2016, you will mark it as "No" under "Required to file" in your application and when you apply in 2020, all you can do is to attach a paper explaining that you will file your 2019 taxes in the coming few months and that your T4s (if you are employee) are still not issued. You shouldn't have any issue.
 

KRP

Hero Member
Jan 13, 2012
847
191
Category........
FSW
LANDED..........
01/02/2011
Can we please remain on topic and not talk about ifs/buts? Even if they do revert to 4 years, legislation and approval will take time to implement. I am planning to apply in Jan/Feb 2020.
Anandji ......Aisa sunne mein aaya hai. Take it easy bro. :D
 

PTJ

Hero Member
Jun 8, 2014
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Hello all,

I did my soft landing as a PR in June 2016 and stayed for a week in Toronto (I was working in another country at that time). I moved permanently to Canada in January 2017. I filed my taxes for years 2017 and 2018.

I am planning to apply for citizenship early next year and saw that I am required to file taxes for 3 years to be eligible for citizenship. Should I have filed taxes for 2016 even though I did not work in Canada then and was only there for a week? Should I get an accountant and file my taxes for 2016 now? Any tips or help regarding this matter is appreciated. Thanks in advance!
I am copying & pasting a response from another group which I think perfectly answer your question:>>>>>>


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/
 

dpenabill

VIP Member
Apr 2, 2010
6,268
3,028
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.
The assertion that if an employer withholds sufficient tax from an employee, the employee is not obligated under CRA rules to file a return, is simply wrong.

This was a widely asserted misconception in this forum and other similar forums for some time, but this is the first I have seen it pop up again in . . . time flies, maybe a couple years, maybe three or four.

The requirement to file is NOT based on whether tax is still "owed," but rather on whether a tax is payable.

Do not confuse the amount entered on the line, in the tax return, for the "tax payable," with the amount on the line showing the "balance owing" upon filing the return.

If there is a "tax payable" there is an obligation to file a return, even if that amount has already been paid.

That is: You are obligated to file a return for any tax year in which "you have to pay tax for the year." Even if someone else pays it for you.

Just because an employer withholds taxes for an employee, and submits payment to the CRA effectively on the employee's behalf, does NOT mean the employee does NOT "have to pay tax" for that given tax year.

Basically, paying the tax in advance, or someone else (like an employer) paying on your behalf in advance, does not negate the fact that the tax is payable for the year.

That said, so long as in fact all tax due has been paid, such as through employer withholding, there is NO effective penalty for failing to file as obligated by CRA rules. So someone could go years without filing a return and it is conceivable CRA will not come knocking.

BUT FOR THE CITIZENSHIP APPLICATION, TO BE ELIGIBLE, A PR MUST HAVE MET THE FILING OBLIGATION . . . indeed, perhaps somewhat ironically, or so some might think, for citizenship eligibility the requirement is based on the FILING obligation and NOT PAYMENT. As long as the PR files a return for a year the PR is obligated to file a return, that counts as a year in which the PR met the filing obligation (any year the PR was not required to file a return counts as a year of compliance whether the PR filed a return or not). Even if the tax was NOT paid. (Of course, if the tax is not paid, CRA will come knocking.)
 
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CDN1234

Full Member
Jun 25, 2019
43
17
Not a tax accountant. But you may want to refer to this:
https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/individuals-leaving-entering-canada-non-residents/newcomers-canada-immigrants.html

Hypothetically, correct me if I'm wrong, you are deemed to have established your residency in Canada in June. Thus, starting from that date of soft landing, you are deemed as a tax resident from the CRA's perspective, and thus, you must report your worldwide income on your Canadian tax return for the tax year of 2016. Relevant section is quoted below:

For the part of the tax year that you WERE a resident of Canada
You have to report your world income (income from all sources both inside and outside Canada) earned after becoming a resident of Canada for income tax purposes on your Canadian tax return.

If you worked in a country that has a tax treaty with Canada, you may be able to claim a foreign tax credit. For example, let's say you worked in the US from January to December 2016, and you established your residency by doing a soft landing on 30 June 2016, you have to report ALL earnings from 30 June 2016 to 31 December 2016 (assume last 6 months) on your Canadian tax return. Since you paid US taxes on your earnings from 1 January 2016 to 31 December 2016 (assume 12 months), You might be able to claim a partial foreign tax credit for the last 6 months, starting from the date you established your residency in Canada.

Since you might have earned some income from June 2016 to December 2016, you might have to pay Canadian taxes on it. I would highly recommend you to read up on CRA and consult a tax expert. If you owe money to the CRA, you should consult the tax expert and potentially work with the CRA to resolve the issue. In my own personal experience, be polite and explain the situation to the CRA agents, they're very helpful and can potentially guide you.
 

anandg12

Hero Member
Jun 26, 2015
270
47
So what is the final verdict on this? I opened a bank account with minimum amount required for immigration and got a G1 license in Ontario using my relative's address. Do those items constitute significant ties to Canada to file taxes for 2016 when I landed and only stayed for a week? Should I call CRA and ask them about this?
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,771
So what is the final verdict on this? I opened a bank account with minimum amount required for immigration and got a G1 license in Ontario using my relative's address. Do those items constitute significant ties to Canada to file taxes for 2016 when I landed and only stayed for a week? Should I call CRA and ask them about this?
No those do not usually create enough ties to be a resident for tax purposes although I am not CRA so can not guarantee 100%.
 

tankala13

Hero Member
Feb 22, 2012
280
63
Guys, Tax residency and residency obligations are two different things. You stayed for just a week and u didnt earn anything, so you are not required(but u can) to file taxes. You can mark no for required to file and apply for citizenship!!
 

tankala13

Hero Member
Feb 22, 2012
280
63
So what is the final verdict on this? I opened a bank account with minimum amount required for immigration and got a G1 license in Ontario using my relative's address. Do those items constitute significant ties to Canada to file taxes for 2016 when I landed and only stayed for a week? Should I call CRA and ask them about this?
No. Tax residency is different. It has nothing to so with the ur licence and other factors. U can answer no and no for that year and u would be counting that 1 week for ur residency obligations.