wont be able to apply for citizenship though i lived in canada for the required time!

[dildaraldoski]

Hi all

I'm a federal skilled worker this is my story so far

2014......... Landed and stayed for 3 months to secure a job and did not succeed and went back home

2015.........Landed and stayed for 3 months to secure a job and did not succeed and went back home

January/2016.........Permanently moved to canada and Got a job ( lived in canada for a full year)

2017........Still living in canada and working with no traveling abroad.


During 2014 and 2015 I only had a bank account and SIN so many told me you are not a resident of canada and I did not submit any tax reports , of course I filed tax report for 2016 and I intend the same for 2017.

MY PROBLEM IS THE FOLLOWING :
​

I will be have lived 3 years in canada at July/2018 but till that date i would only submitted tax report for 2 years ! would this prevent me from applying to citizenship and makes me waite for an extra 6 months to apply after submitting the 2018 taxes ?!

 

[cempjwi]

Hi all

I'm a federal skilled worker this is my story so far

2014......... Landed and stayed for 3 months to secure a job and did not succeed and went back home

2015.........Landed and stayed for 3 months to secure a job and did not succeed and went back home

January/2016.........Permanently moved to canada and Got a job ( lived in canada for a full year)

2017........Still living in canada and working with no traveling abroad.


During 2014 and 2015 I only had a bank account and SIN so many told me you are not a resident of canada and I did not submit any tax reports , of course I filed tax report for 2016 and I intend the same for 2017.

MY PROBLEM IS THE FOLLOWING :
​

I will be have lived 3 years in canada at July/2018 but till that date i would only submitted tax report for 2 years ! would this prevent me from applying to citizenship and makes me waite for an extra 6 months to apply after submitting the 2018 taxes ?!

People only LAND once as PR's (unless they become PR's more than once). I am going to assume you landed in 2014 (and stayed for 3 months) and returned in 2015 (and again, stayed for 3 months). Technically, you could have filed taxes in 2014 and 2015. You were a PR with a bank account, and you could have used that as an excuse to file. Even if partially, for any portion of a year you live in Canada, you could file, even when you earned no income in Canada. In fact, I believe you could still file for those years (2014 and 2015) and suffer no penalties because you owe nothing, unless your worldwide income is an issue (that is, if you made money during 2014 and 2015 outside Canada you may end up having to declare that income and pay income tax on it in Canada). It's a catch 22 situation. You either risk paying on your worldwide income (and penalties) for 2014 and 2015 (if you earned any) or you wait until filing the 2018 taxes in 2019. And to answer that more clearly, yes, under c-6 you need 3 years of filings in the last 5 years to be able to apply for citizenship.

https://settlement.org/ontario/daily-life/personal-finance/taxes/do-i-have-to-file-a-tax-return/

 

[dildaraldoski]

People only LAND once as PR's (unless they become PR's more than once). I am going to assume you landed in 2014 (and stayed for 3 months) and returned in 2015 (and again, stayed for 3 months). Technically, you could have filed taxes in 2014 and 2015. You were a PR with a bank account, and you could have used that as an excuse to file. Even if partially, for any portion of a year you live in Canada, you could file, even when you earned no income in Canada. In fact, I believe you could still file for those years (2014 and 2015) and suffer no penalties because you owe nothing, unless your worldwide income is an issue (that is, if you made money during 2014 and 2015 outside Canada you may end up having to declare that income and pay income tax on it in Canada). It's a catch 22 situation. You either risk paying on your worldwide income (and penalties) for 2014 and 2015 (if you earned any) or you wait until filing the 2018 taxes in 2019. And to answer that more clearly, yes, under c-6 you need 3 years of filings in the last 5 years to be able to apply for citizenship.

https://settlement.org/ontario/daily-life/personal-finance/taxes/do-i-have-to-file-a-tax-return/

Thanks alot for your explanation! i did not know that , otherwise i would have files for atleast 2015 !

of course i have a job at and i had an income in 2014 & 2015 . so is it possible that i file for the year 2015 only and in that way i will have 3 tax report ? my income is not that high actually it is around 3000 usd / month BUT I'm afraid of penalties!

why should there be any ! i did not break any rules but I did not file because i was job hunting and did not have any income or benefits from canada ?

is it possible for me to apply for citizienship now and send the the last tax report later ?

Merci

 

[HamiltonApplicant]

Hi all

MY PROBLEM IS THE FOLLOWING :

​

I will be have lived 3 years in canada at July/2018 but till that date i would only submitted tax report for 2 years ! would this prevent me from applying to citizenship and makes me waite for an extra 6 months to apply after submitting the 2018 taxes ?!

You can file Tax returns 2014 and 15 now showing income as ZERO, do it right away!

 

[dildaraldoski]

You can file Tax returns 2014 and 15 now showing income as ZERO, do it right away!

Can i file for years that already passed?! i'm afraid of penalities as cempjwi suggested ?

Also wouldn't i be lying if file zero income ! i actually did have income outside of canada

I'm really confused

 

[HamiltonApplicant]

Can i file for years that already passed?! i'm afraid of penalities as cempjwi suggested ?

Also wouldn't i be lying if file zero income ! i actually did have income outside of Canada

I'm really confused

As far as I understand, if you are a Tax resident or Canada, you are required to declare your worldwide income, which you weren't during the years 2014 and 2015, and therefore, no need to declare your worldwide income! Check the website https://turbotax.intuit.ca/tips/the-taxes-you-need-to-file-if-you-are-new-to-canada-498

 

[_MK_]

You can file for taxes now. There are no penalties and you wont have taxes owing. You were not a tax resident if you only stayed 3 months. So your worldwide income does not need to be declared.

You cannot apply now because you do not meet the required criteria at current time. You need to be eligible at the time you send out the application, not some future date.

 

[spyfy]

There is a general confusion about the tax filing requirements for citizenship.

(In the following I consider the new rules which will soon come into effect)

People think this is the rule, but this is NOT the rule:
The applicant must have filed tax returns for three taxation years that are fully or partially within the five years immediately before the date of his or her application;

This is wrong and something that unfortunately gets perpetuated in this forum. Here is the actual quote from the law:
[The applicant must have] met any applicable requirement under the Income Tax Act to file a return of income in respect of three taxation years that are fully or partially within the five years immediately before the date of his or her application;

That is a huge difference. You can meet these requirements without having filed taxes. You only have a problem if you didn't file although you had to file.

You had no Canadian income in 2014 and 2015 (I'm assuming) and you were only in Canada for 3 months so you were not a resident for tax purposes. Therefore there was no "applicable requirement under the Income Tax Act to file a return". You could if you wanted to, but you were not required to file. That means by not filing taxes, you still met all applicable requriement under the Income Tax Act.

Please download the citizenship application form and have a look at the section regarding tax returns. There is two boxes for each year. One asks if you were required to file, the other asks if your did file.

You only have a problem if you were required to file ("Yes") but you didn't file ("No"). If you do No/No, No/Yes or Yes/Yes, you are all good.

Still, as others pointed out, you can file your taxes for 2014 and 2015 if you want to.

But again, please note the important difference regarding the tax filing requirement.

 

[Natan]

There is a general confusion about the tax filing requirements for citizenship.

(In the following I consider the new rules which will soon come into effect)

People think this is the rule, but this is NOT the rule:
The applicant must have filed tax returns for three taxation years that are fully or partially within the five years immediately before the date of his or her application;

This is wrong and something that unfortunately gets perpetuated in this forum. Here is the actual quote from the law:
[The applicant must have] met any applicable requirement under the Income Tax Act to file a return of income in respect of three taxation years that are fully or partially within the five years immediately before the date of his or her application;

That is a huge difference. You can meet these requirements without having filed taxes. You only have a problem if you didn't file although you had to file.

You had no Canadian income in 2014 and 2015 (I'm assuming) and you were only in Canada for 3 months so you were not a resident for tax purposes. Therefore there was no "applicable requirement under the Income Tax Act to file a return". You could if you wanted to, but you were not required to file. That means by not filing taxes, you still met all applicable requriement under the Income Tax Act.

Please download the citizenship application form and have a look at the section regarding tax returns. There is two boxes for each year. One asks if you were required to file, the other asks if your did file.

You only have a problem if you were required to file ("Yes") but you didn't file ("No"). If you do No/No, No/Yes or Yes/Yes, you are all good.

Still, as others pointed out, you can file your taxes for 2014 and 2015 if you want to.

But again, please note the important difference regarding the tax filing requirement.

If you were not required to file tax returns in Canada for 2014 and 2015, it is foolish to now file those returns. As spyfy correctly points out, there is no requirement to file those returns to be eligible for citizenship. If, on the other hand, you really are required to file those returns, or if you are unsure, in either case, seek the council of a qualified, disinterested Chartered Public Accountant (not your friend, cousin or aunt!, even if they are Accountants). Be sure to pay for this service (get an invoice/receipt) -- if it is for free (unless they provide a gratis invoice), then you are not receiving professional council.

 

[dildaraldoski]

Thank you very MUCH SPYFY , you totally changed the way I look at taxes now !! I bleive your post should be a sticky note on the forum as i went through many many posts and almost all did not explained it as you mentioned !

JUST to Be sure , "are you saying that I'm allowed to apply to citizenship at July/2018 with only two tax reports for the previous two years without having to wait to for the end of the year to file another tax neither submitting the 2014 & 2015 taxes .

Merci

There is a general confusion about the tax filing requirements for citizenship.

(In the following I consider the new rules which will soon come into effect)

People think this is the rule, but this is NOT the rule:
The applicant must have filed tax returns for three taxation years that are fully or partially within the five years immediately before the date of his or her application;

This is wrong and something that unfortunately gets perpetuated in this forum. Here is the actual quote from the law:
[The applicant must have] met any applicable requirement under the Income Tax Act to file a return of income in respect of three taxation years that are fully or partially within the five years immediately before the date of his or her application;

That is a huge difference. You can meet these requirements without having filed taxes. You only have a problem if you didn't file although you had to file.

You had no Canadian income in 2014 and 2015 (I'm assuming) and you were only in Canada for 3 months so you were not a resident for tax purposes. Therefore there was no "applicable requirement under the Income Tax Act to file a return". You could if you wanted to, but you were not required to file. That means by not filing taxes, you still met all applicable requriement under the Income Tax Act.

Please download the citizenship application form and have a look at the section regarding tax returns. There is two boxes for each year. One asks if you were required to file, the other asks if your did file.

You only have a problem if you were required to file ("Yes") but you didn't file ("No"). If you do No/No, No/Yes or Yes/Yes, you are all good.

Still, as others pointed out, you can file your taxes for 2014 and 2015 if you want to.

But again, please note the important difference regarding the tax filing requirement.

u

 

[Well Wisher]

Thank you very MUCH SPYFY , you totally changed the way I look at taxes now !! I bleive your post should be a sticky note on the forum as i went through many many posts and almost all did not explained it as you mentioned !

JUST to Be sure , "are you saying that I'm allowed to apply to citizenship at July/2018 with only two tax reports for the previous two years without having to wait to for the end of the year to file another tax neither submitting the 2014 & 2015 taxes .

Merci

u

Yes, you are eligible to apply in July2018 with just 2 of your tax returns (2016 & 2017), assuming at that time you have met your residency obligations.. Make sure you fill the tax portion of citizenship application form correctly with:
No/Yes for 2014
No/Yes for 2015
Yes/Yes for 2016
Yes/Yes for 2017

Good luck.!!

 

[dildaraldoski]

Yes, you are eligible to apply in July2018 with just 2 of your tax returns (2016 & 2017), assuming at that time you have met your residency obligations.. Make sure you fill the tax portion of citizenship application form correctly with:
No/Yes for 2014
No/Yes for 2015
Yes/Yes for 2016
Yes/Yes for 2017

Good luck.!!

Thanks for your reply , should i fill the tax portion for 3 or 4 years ?

 

[Well Wisher]

Thanks for your reply , should i fill the tax portion for 3 or 4 years ?

Do 4. it won't harm.

 

[sammy_engineer]

Hi Spyfy ,

Sorry for writing in this thread , but i found your comment below really contradicts what everybody else is saying on this forum!
please find below a question I asked in the forum but most of the replies I got was THAT I HAVE TO FILE TAXES FOR MY WIFE AND ME EVEN IF IT WAS FOR ONE MONTH ...

this is the question below :

Hi we landed at 2015 stayed for 3 weeks and came back . now my wife is pregnant and she would be moving permanently there at next December and I will follow her up later at the begining of 2018. WILL MY WIFE BE CONSIDERED AS A TAX RESIDENT FOR THE YEAR 2017 ?

She already have a health card but she will use it in december for regular follow ups with her doctor before her expected date which is like 4 months later .

Do we need to submit a tax return or not for the 2017 , will this be required when we apply for citiizenship after after completing the required time ?

Thanks all

There is a general confusion about the tax filing requirements for citizenship.

(In the following I consider the new rules which will soon come into effect)

People think this is the rule, but this is NOT the rule:
The applicant must have filed tax returns for three taxation years that are fully or partially within the five years immediately before the date of his or her application;

This is wrong and something that unfortunately gets perpetuated in this forum. Here is the actual quote from the law:
[The applicant must have] met any applicable requirement under the Income Tax Act to file a return of income in respect of three taxation years that are fully or partially within the five years immediately before the date of his or her application;

That is a huge difference. You can meet these requirements without having filed taxes. You only have a problem if you didn't file although you had to file.

You had no Canadian income in 2014 and 2015 (I'm assuming) and you were only in Canada for 3 months so you were not a resident for tax purposes. Therefore there was no "applicable requirement under the Income Tax Act to file a return". You could if you wanted to, but you were not required to file. That means by not filing taxes, you still met all applicable requriement under the Income Tax Act.

Please download the citizenship application form and have a look at the section regarding tax returns. There is two boxes for each year. One asks if you were required to file, the other asks if your did file.

You only have a problem if you were required to file ("Yes") but you didn't file ("No"). If you do No/No, No/Yes or Yes/Yes, you are all good.

Still, as others pointed out, you can file your taxes for 2014 and 2015 if you want to.

But again, please note the important difference regarding the tax filing requirement.

 

[spyfy]

Hi Spyfy ,

Sorry for writing in this thread , but i found your comment below really contradicts what everybody else is saying on this forum!
please find below a question I asked in the forum but most of the replies I got was THAT I HAVE TO FILE TAXES FOR MY WIFE AND ME EVEN IF IT WAS FOR ONE MONTH ...

this is the question below :

Hi we landed at 2015 stayed for 3 weeks and came back . now my wife is pregnant and she would be moving permanently there at next December and I will follow her up later at the begining of 2018. WILL MY WIFE BE CONSIDERED AS A TAX RESIDENT FOR THE YEAR 2017 ?

She already have a health card but she will use it in december for regular follow ups with her doctor before her expected date which is like 4 months later .

Do we need to submit a tax return or not for the 2017 , will this be required when we apply for citiizenship after after completing the required time ?

Thanks all

Your question is completely different from the question considered in this thread and therefore I couldn't have contradicted what other people said. In your case, the question is if you have to file a tax return according to the income tax act. That has nothing to do with the citizenship requirements.

First of all: No matter if you later want to apply for citizenship: If you are required to file taxes you MUST file taxes or you might face serious fines.

Your wife will most likely be a resident of Canada for tax purposes in December 2017. That alone, however, is not reason enough to have to file taxes. On top of that, you have a look at this list here:
https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/you-have-file-a-return.html

If your wife fulfills any of these conditions, she would have to file taxes for 2017. In fact, even if she doesn't have to file a tax return, she should file a tax return. She will most likely get money back (GSTHST credit and other stuff)
In 99% of cases, if you are not required to file, it is in fact advantageous, money-wise, to file a tax return if you are a resident for tax purposes. You will literally get money.

You might or might not be considered a resident for December 2017 depending on your ties in your country of origin because, as a married couple, your residencies are intertwined. Only a qualified tax consultant that knows you full situation can give a good answer on the question if you would be a resident, too.

All in all, however, I don't understand why you wouldn't want to file taxes for 2017 anyways. It doesn't take that long and in the end, as said, you will get money out of it. Plus, if you want to apply for citizenship later, there will be no discussion if you had to file or not.

So I suggest:
- Pay a tax consultant to determine if you and your wife are a resident or not in december. It'll cost you less than 100 dollars most likely and it'll save you a lot of hassle. Again: Look for a qualified tax consultant and not for free advice from "someone who knows someone"
- If you and/or your wife are residents, file taxes for 2017

Note that the filing deadline will be April 2018, so you have plenty of time to talk to a tax consultant if you need to file once you are here in early 2018.

Also, completely different topic: Which province is your wife going to? Note that, for example, if she is coming to Ontario, she is most likely not eligible for OHIP (Health Insurance) for the first three months. A valid health card does NOT imply valid health insurance. There is a physical presence requirement for health insurance, in particular you cannot leave the province for a large number of days in the first months after receiving your health card. Make sure to consult service ontario to confirm the insurance is valid and tell them without being asked when and how long she was out of province. Otherwise you risk that you will later have to pay back thousands of dollars because your insurance wasn't valid. If your provincial insurance isn't valid, get private health insurance. Note that I just described the situation for Ontario. Other provinces are different.

Most importantly, though, please start a new topic about this next time and don't hijack a thread, thanks!