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Tax Filing Question for Citizenship Application

ahmed5333

Newbie
Mar 19, 2013
8
1
Hi Everyone.

I know there have been a lot of threads on this topic and I have thoroughly gone through each and every one of them, but I am still confused. I landed in Canada as a PR in Jan 2018 and my physically present days will be complete on the 29th of Jan 2020. I am planning to apply the next day. However, I am not sure how I should answer the tax filing questions. I have filed taxes for 2018 and 2019 so far, since those were the years I was in Canada. I have not been able to file for 2020 yet because I don't have the T4 slips and will not be able to do so until mid march at least. I intend to file my taxes latest by mid-march. In your expert advise, do you think I can answer the questions "Required to File" and "Filed" as follows for the past 5 years form the date of application:

Year Required to File Taxes Filed
2016 NO NO
2017 NO NO
2018 YES YES
2019 YES YES
2020 NO NO

Is the above info valid for my application or should I wait until mid-march until I file the taxes for 2020 and then apply for citizenship? Highly appreciate all the expert help and opinions, so I can make my mind.

Many thanks.
 
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Reactions: gary377

champion92_pls

Star Member
Jul 5, 2017
121
38
I read somewhere where you have to file at least 3 years filed income taxes. To be safe, If I were you, I would file my taxes for 2020 and then apply.
 

rajkamalmohanram

VIP Member
Apr 29, 2015
15,803
5,769
Hi Everyone.

I know there have been a lot of threads on this topic and I have thoroughly gone through each and every one of them, but I am still confused. I landed in Canada as a PR in Jan 2018 and my physically present days will be complete on the 29th of Jan 2020. I am planning to apply the next day. However, I am not sure how I should answer the tax filing questions. I have filed taxes for 2018 and 2019 so far, since those were the years I was in Canada. I have not been able to file for 2020 yet because I don't have the T4 slips and will not be able to do so until mid march at least. I intend to file my taxes latest by mid-march. In your expert advise, do you think I can answer the questions "Required to File" and "Filed" as follows for the past 5 years form the date of application:

Year Required to File Taxes Filed
2016 NO NO
2017 NO NO
2018 YES YES
2019 YES YES
2020 NO NO

Is the above info valid for my application or should I wait until mid-march until I file the taxes for 2020 and then apply for citizenship? Highly appreciate all the expert help and opinions, so I can make my mind.

Many thanks.
Well, you can ask this to any January applicant who had 1095 days or a little over that and they should be able to guide you. Generally speaking, what you have mentioned appears to be correct. But please do NOT take my word for it, take a look at this . I agree with the OP's reasoning in that post and you have followed what the OP has mentioned correctly.
 

smash1984

Champion Member
Oct 7, 2018
2,075
849
Hi Everyone.

I know there have been a lot of threads on this topic and I have thoroughly gone through each and every one of them, but I am still confused. I landed in Canada as a PR in Jan 2018 and my physically present days will be complete on the 29th of Jan 2020. I am planning to apply the next day. However, I am not sure how I should answer the tax filing questions. I have filed taxes for 2018 and 2019 so far, since those were the years I was in Canada. I have not been able to file for 2020 yet because I don't have the T4 slips and will not be able to do so until mid march at least. I intend to file my taxes latest by mid-march. In your expert advise, do you think I can answer the questions "Required to File" and "Filed" as follows for the past 5 years form the date of application:

Year Required to File Taxes Filed
2016 NO NO
2017 NO NO
2018 YES YES
2019 YES YES
2020 NO NO

Is the above info valid for my application or should I wait until mid-march until I file the taxes for 2020 and then apply for citizenship? Highly appreciate all the expert help and opinions, so I can make my mind.

Many thanks.
Why is the required to file in 2020 marked as NO? Aren't you required to file in 2020 as well? That you currently don't have the slips yet is another matter?

If I were you I would wait a couple of months and file by mid-march.

I am not even close to an expert but it seems to be the safer thing to do. Worst case would be your application being returned to you X number of months saying incomplete application
 

deadbird

Hero Member
Jan 9, 2016
648
193
Probably this is something that IRCC can clarify with a phone call. It seems like a pretty common scenario for Jan - Apr applicants.
 

dpenabill

VIP Member
Apr 2, 2010
6,252
3,018
In your expert advise, do you think I can answer the questions "Required to File" and "Filed" as follows for the past 5 years form the date of application:

Year Required to File Taxes Filed
2016 NO NO
2017 NO NO
2018 YES YES
2019 YES YES
2020 NO NO

Is the above info valid for my application or should I wait until mid-march until I file the taxes for 2020 and then apply for citizenship? Highly appreciate all the expert help and opinions, so I can make my mind.
I am absolutely NO expert regarding who must file a Canadian tax return. I am also NO expert in regards qualifying and applying for Canadian citizenship.

That said, many matters related to both do not require much expertise. For example, for most people in most contexts, reviewing what is provided at the CRA website https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/you-have-file-a-return.html is sufficient for an individual to ascertain whether filing a return is required.

It can also help to stay focused on what the question is actually asking, and which government body prescribes the rules that govern that question, including which government body makes decisions about compliance with the rules. Thus, for example:

Probably this is something that IRCC can clarify with a phone call. It seems like a pretty common scenario for Jan - Apr applicants.
IRCC help centre call agents are NOT there to provide answers to questions about some other agency's rules.

Who is required to file a tax return is governed by the Canadian Revenue Agency (CRA) NOT IRCC.

If an individual has difficulty figuring out whether he or she was *required* to file a tax return for a given year, again the first resource to check is the CRA website I linked above. If that does not sufficiently answer the question, the CRA website has information about contacting them and CRA also provides free tax clinics in some areas, for some individuals. Alternatively, and especially if a complicated question is involved, consult with a reputable tax professional . . . a real professional, as in not just someone who works for a company that provides tax filing services.

Leading to . . . "Is the above info valid for my application?"

Probably. Which I will expand on below. But tax filing questions are very individual specific, depending on the individual's personal facts and circumstances. If in doubt, better to review with the help of a qualified tax professional. Again, a real professional.

In any event, again, what you list is probably correct. Which years you have and have not filed is of course specific information you know as a matter of fact. And it is always safe to answer [Yes] Required to File for any year in which the individual has in fact filed a return. Which only leaves the [No] not required to file responses regarding years you are saying you are not required to file a return. Which leads back to the probably. No presence in Canada and no Canadian based income before January 2018 probably means it is accurate to declare a [No] response for those years prior to 2018, that is 2016 and 2017.

Just to be clear, the responses for 2016, 2017 (No, No), plus the responses for 2018, 2019 (Yes, Yes) clearly meets the requirements for citizenship . . . this shows compliance with CRA filing rules for those 4 years, and to meet the citizenship requirement all the applicant needs to show is compliance for 3 years.

So, for purposes of meeting the citizenship requirements, for an application made during 2021, it does not matter what the answer for 2020 is (except, of course, it must be a truthful).

Beyond that, every new year the question about the previous tax year gets asked, and asked repeatedly. Already asked and answered for 2020. See, for example, my response to this question earlier this week:
I am not sure when Canadian residents are required to file a tax return for 2020. For most years, for most but not all Canadian tax filers, the tax filing deadline is April 30 of the following tax year, but Covid-19 delayed the deadline for 2019 returns and probably (I have not checked) does so this year, for 2020, as well. Nonetheless, the soonest a Canadian is REQUIRED to file a tax return for 2020 (unless for some reason the taxpayer receives a request for one sooner, which is very unlikely), will be April 30, 2021.

Thus, for any citizenship application made between now and April 29, 2021, the applicant can check [No] NOT REQUIRED to file a return for 2020, and thus a [No] have NOT FILED check for 2020 will still count 2020 as a year in compliance with the tax filing requirements.

In a more practical, for what looks best approach, not a bad idea to wait to apply AFTER filing this year's return . . . assuming you are someone in a position to file as soon electronic filing is available, AND assuming that will be comparable to previous years (measures in response to Covid-19 can put a wrinkle in things). It is almost always good to wait and apply with more physical presence days IN Canada.
In your situation it should not and most likely will not hurt to answer No, No, for 2020 (as long as you make the application before the end of April) . . . but it also would not hurt to answer [Yes] required to file based on knowing you will be required to file by the deadline for filing a return, even if you check [No] did not file (since the other four years show you meet the citizenship requirements).

But for now, and at least until the end of April, as I described in that other post, there is NOT yet a requirement to file for 2020, so for now, until the end of April (at the least) it is OK to check [No] not required to file for 2020.

Since you apparently just got here in January 2018, REMEMBER a good margin over the minimum is a good idea. Waiting long enough to file a return for 2020 is probably a very good idea. While others suggest a smaller margin is fine, I lean toward having at least a full month as the prudent approach.
 

ahmed5333

Newbie
Mar 19, 2013
8
1
I am absolutely NO expert regarding who must file a Canadian tax return. I am also NO expert in regards qualifying and applying for Canadian citizenship.

That said, many matters related to both do not require much expertise. For example, for most people in most contexts, reviewing what is provided at the CRA website https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/you-have-file-a-return.html is sufficient for an individual to ascertain whether filing a return is required.

It can also help to stay focused on what the question is actually asking, and which government body prescribes the rules that govern that question, including which government body makes decisions about compliance with the rules. Thus, for example:



IRCC help centre call agents are NOT there to provide answers to questions about some other agency's rules.

Who is required to file a tax return is governed by the Canadian Revenue Agency (CRA) NOT IRCC.

If an individual has difficulty figuring out whether he or she was *required* to file a tax return for a given year, again the first resource to check is the CRA website I linked above. If that does not sufficiently answer the question, the CRA website has information about contacting them and CRA also provides free tax clinics in some areas, for some individuals. Alternatively, and especially if a complicated question is involved, consult with a reputable tax professional . . . a real professional, as in not just someone who works for a company that provides tax filing services.

Leading to . . . "Is the above info valid for my application?"

Probably. Which I will expand on below. But tax filing questions are very individual specific, depending on the individual's personal facts and circumstances. If in doubt, better to review with the help of a qualified tax professional. Again, a real professional.

In any event, again, what you list is probably correct. Which years you have and have not filed is of course specific information you know as a matter of fact. And it is always safe to answer [Yes] Required to File for any year in which the individual has in fact filed a return. Which only leaves the [No] not required to file responses regarding years you are saying you are not required to file a return. Which leads back to the probably. No presence in Canada and no Canadian based income before January 2018 probably means it is accurate to declare a [No] response for those years prior to 2018, that is 2016 and 2017.

Just to be clear, the responses for 2016, 2017 (No, No), plus the responses for 2018, 2019 (Yes, Yes) clearly meets the requirements for citizenship . . . this shows compliance with CRA filing rules for those 4 years, and to meet the citizenship requirement all the applicant needs to show is compliance for 3 years.

So, for purposes of meeting the citizenship requirements, for an application made during 2021, it does not matter what the answer for 2020 is (except, of course, it must be a truthful).

Beyond that, every new year the question about the previous tax year gets asked, and asked repeatedly. Already asked and answered for 2020. See, for example, my response to this question earlier this week:


In your situation it should not and most likely will not hurt to answer No, No, for 2020 (as long as you make the application before the end of April) . . . but it also would not hurt to answer [Yes] required to file based on knowing you will be required to file by the deadline for filing a return, even if you check [No] did not file (since the other four years show you meet the citizenship requirements).

But for now, and at least until the end of April, as I described in that other post, there is NOT yet a requirement to file for 2020, so for now, until the end of April (at the least) it is OK to check [No] not required to file for 2020.

Since you apparently just got here in January 2018, REMEMBER a good margin over the minimum is a good idea. Waiting long enough to file a return for 2020 is probably a very good idea. While others suggest a smaller margin is fine, I lean toward having at least a full month as the prudent approach.
Thank you very much depanabill for a detailed response. Really appreciate you taking the time out and going into such a depth! :)