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Service Annoucement: Tax filing requirements for early 2019 applicants.

spyfy

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I posted the same announcement last year, but t'is the season, so here it is again:

This question is asked many times by people applying in Jan/Feb/March/April 2019.

If you apply in any of these months, the taxation years you have to list in your application are:
  • 2018: Have you filed your taxes FOR 2018 IN 2019?
  • 2017: Have you filed your taxes FOR 2017 IN 2018?
  • 2016: Have you filed your taxes FOR 2016 IN 2017?
  • 2015: Have you filed your taxes FOR 2015 IN 2016?
  • 2014: Have you filed your taxes FOR 2014 IN 2015?
It is totally OK if you haven't submitted your tax return for 2018 yet, even if you were required to. This is explicitly stated on IRCCs website here:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/grant/residence/income-tax-filing.html

Quote: "Applicants who submit their application early in the calendar year would not have been required to file taxes yet for the previous calendar year."
 

iceberge

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Toronto Ontario, Canada
Category........
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Oct 13, 2015
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November 2, 2015
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November 11, 2015

I posted the same announcement last year, but t'is the season, so here it is again:

This question is asked many times by people applying in Jan/Feb/March/April 2019.

If you apply in any of these months, the taxation years you have to list in your application are:
  • 2018: Have you filed your taxes FOR 2018 IN 2019?
  • 2017: Have you filed your taxes FOR 2017 IN 2018?
  • 2016: Have you filed your taxes FOR 2016 IN 2017?
  • 2015: Have you filed your taxes FOR 2015 IN 2016?
  • 2014: Have you filed your taxes FOR 2014 IN 2015?
It is totally OK if you haven't submitted your tax return for 2018 yet, even if you were required to. This is explicitly stated on IRCCs website here:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/grant/residence/income-tax-filing.html

Quote: "Applicants who submit their application early in the calendar year would not have been required to file taxes yet for the previous calendar year."
Hi spyfy, its good to see you helping people of the forum.
 
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jc94

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Doh I completely blanked out here and only listed 2014-2017. I guess I’ll get it back in a few months.

Argh.
 
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spyfy

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May 8, 2015
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Doh I completely blanked out here and only listed 2014-2017. I guess I’ll get it back in a few months.

Argh.
You might be fine. Keep in mind the IRCC agents are humans, too. They will probably understand that you skipped 2018.
 
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graymatters242

Full Member
Dec 4, 2018
35
1

I posted the same announcement last year, but t'is the season, so here it is again:

This question is asked many times by people applying in Jan/Feb/March/April 2019.

If you apply in any of these months, the taxation years you have to list in your application are:
  • 2018: Have you filed your taxes FOR 2018 IN 2019?
  • 2017: Have you filed your taxes FOR 2017 IN 2018?
  • 2016: Have you filed your taxes FOR 2016 IN 2017?
  • 2015: Have you filed your taxes FOR 2015 IN 2016?
  • 2014: Have you filed your taxes FOR 2014 IN 2015?
It is totally OK if you haven't submitted your tax return for 2018 yet, even if you were required to. This is explicitly stated on IRCCs website here:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/grant/residence/income-tax-filing.html

Quote: "Applicants who submit their application early in the calendar year would not have been required to file taxes yet for the previous calendar year."

So just to clarify, for 2018 - Required to file? YES Taxes filed? NO
 

spyfy

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So just to clarify, for 2018 - Required to file? YES Taxes filed? NO
Yes. I did the same thing when I applied in February 2018 with my 2017 taxes: Required Yes, Filed No. I attached brief two-sentence explanation just to clarify that I intend to file before the deadline. I received both AOR and a test invite based on that.
 

graymatters242

Full Member
Dec 4, 2018
35
1
Yes. I did the same thing when I applied in February 2018 with my 2017 taxes: Required Yes, Filed No. I attached brief two-sentence explanation just to clarify that I intend to file before the deadline. I received both AOR and a test invite based on that.
Thank you!

So I have a few things that I'm explaining in my main application form. Do you recommend I have separate letters for each section? Or should I just have a letter of explanation with all sections included there?
 

spyfy

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Thank you!

So I have a few things that I'm explaining in my main application form. Do you recommend I have separate letters for each section? Or should I just have a letter of explanation with all sections included there?
No need to write a letter. Unless you have a very weird case, there should never be a reason why you write more than, say, three sentences of explanation for anything. Just make a list

Question X
[Write a VERY short paragraph explaining what you want to explain]

Question Y
[Write a VERY short paragraph explaining what you want to explain]

There is no need to write a letter. No need for an address, no need for a greeting, no need for anything. They want the hard facts.

It might be worth reading this:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/c-6-citizenship-applications-frequently-asked-questions.522548/
 

graymatters242

Full Member
Dec 4, 2018
35
1
No need to write a letter. Unless you have a very weird case, there should never be a reason why you write more than, say, three sentences of explanation for anything. Just make a list

Question X
[Write a VERY short paragraph explaining what you want to explain]

Question Y
[Write a VERY short paragraph explaining what you want to explain]

There is no need to write a letter. No need for an address, no need for a greeting, no need for anything. They want the hard facts.

It might be worth reading this:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/c-6-citizenship-applications-frequently-asked-questions.522548/

Great, I've done that.
Does anyone mind writing the exact sentence you might have used to indicate the whole required to file - yes and Filed? NO scenario for 2018?

Thanks, I'm just paranoid because I've had mine returned once so doing my due diligence this time around.
 

dpenabill

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Apr 2, 2010
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REMINDER: There is NO requirement to file a tax return for the 2018 tax year until the end of April 2019.

As @spyfy quoted, in the very first post in this topic, from Canadian government information:

Quote: "Applicants who submit their application early in the calendar year would not have been required to file taxes yet for the previous calendar year."
see https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/grant/residence/income-tax-filing.html

Thus, applicants can check "NO" -- "NO" (not required and did not file) for 2018 until the end of April 2019. No need to clarify or explain. And this should count as one of the three years of required compliance with tax filing obligations. (BUT the applicant should be sure to file the 2018 return timely; see additional observation about this below.)

If possible, however, given that as of earlier this week CRA began accepting 2018 tax returns, the better approach is to file a return and check "YES" -- "YES" (required to file and did file). With rare exceptions, waiting a little while to make the citizenship application in order to do this is simply a good idea for the vast majority of applicants.




The following observation applies to only a few applicants, those who have not filed a 2018 return as yet AND who are relying on 2018 as one of the years they have complied with tax filing obligations:

Note: applicants MUST continue to meet all the requirements for citizenship right up to when the oath is taken. I do not know that processing agents (such as the official conducting the PI Interview) review the tax filing information again attendant preparation for or in conducting the interview, BUT if the applicant (applying in 2019 but before April 30, 2019) was relying on a "NO" -- "NO" response for tax year 2018 counting as ONE of the NECESSARY THREE YEARS of COMPLIANCE . . . THEN, after April 30, 2018, if a tax return is required, that year will technically NO LONGER count as one of the THREE years of compliance unless, of course, a tax return has been filed. Thus, for the applicant who makes an application in 2019 relying on counting tax year 2018 as one of the three years of filing compliance, it would be prudent (perhaps absolutely necessary) to have filed a 2018 tax year return (if required) BEFORE an interview takes place.

The vast majority of applicants will have met the tax filing obligation for all previous years, of course, and thus have four years that count toward the required three years of compliance without considering 2018 at all. And even if they complied just three of those previous four years (remember, "NO" -- "NO" counts as a year of compliance, assuming the truthfulness of the "NO" not required to file response), they still meet the tax filing obligation requirement with NO regard for 2018.

Also note, for example, even if the applicant decides to nonetheless check "YES" required to file for 2018, early in 2019 and before filing a 2018 return, and checks "NO" did not file, NO further explanation is necessary as long as the applicant reports compliance for THREE of the FOUR previous years (three of the years 2014 to 2017).
 

graymatters242

Full Member
Dec 4, 2018
35
1
Thank
REMINDER: There is NO requirement to file a tax return for the 2018 tax year until the end of April 2019.

As @spyfy quoted, in the very first post in this topic, from Canadian government information:



see https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/grant/residence/income-tax-filing.html

Thus, applicants can check "NO" -- "NO" (not required and did not file) for 2018 until the end of April 2019. No need to clarify or explain. And this should count as one of the three years of required compliance with tax filing obligations. (BUT the applicant should be sure to file the 2018 return timely; see additional observation about this below.)

If possible, however, given that as of earlier this week CRA began accepting 2018 tax returns, the better approach is to file a return and check "YES" -- "YES" (required to file and did file). With rare exceptions, waiting a little while to make the citizenship application in order to do this is simply a good idea for the vast majority of applicants.




The following observation applies to only a few applicants, those who have not filed a 2018 return as yet AND who are relying on 2018 as one of the years they have complied with tax filing obligations:

Note: applicants MUST continue to meet all the requirements for citizenship right up to when the oath is taken. I do not know that processing agents (such as the official conducting the PI Interview) review the tax filing information again attendant preparation for or in conducting the interview, BUT if the applicant (applying in 2019 but before April 30, 2019) was relying on a "NO" -- "NO" response for tax year 2018 counting as ONE of the NECESSARY THREE YEARS of COMPLIANCE . . . THEN, after April 30, 2018, if a tax return is required, that year will technically NO LONGER count as one of the THREE years of compliance unless, of course, a tax return has been filed. Thus, for the applicant who makes an application in 2019 relying on counting tax year 2018 as one of the three years of filing compliance, it would be prudent (perhaps absolutely necessary) to have filed a 2018 tax year return (if required) BEFORE an interview takes place.

The vast majority of applicants will have met the tax filing obligation for all previous years, of course, and thus have four years that count toward the required three years of compliance without considering 2018 at all. And even if they complied just three of those previous four years (remember, "NO" -- "NO" counts as a year of compliance, assuming the truthfulness of the "NO" not required to file response), they still meet the tax filing obligation requirement with NO regard for 2018.

Also note, for example, even if the applicant decides to nonetheless check "YES" required to file for 2018, early in 2019 and before filing a 2018 return, and checks "NO" did not file, NO further explanation is necessary as long as the applicant reports compliance for THREE of the FOUR previous years (three of the years 2014 to 2017).

Thank you for the explanation!
I'm just checking off NO and NO since it clearly states that applicants who apply early in the year are not required.
 

dpenabill

VIP Member
Apr 2, 2010
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Thank



Thank you for the explanation!
I'm just checking off NO and NO since it clearly states that applicants who apply early in the year are not required.
Just to be clear, a couple reminders:

If possible, however, given that as of earlier this week CRA began accepting 2018 tax returns, the better approach is to file a return and check "YES" -- "YES" (required to file and did file). With rare exceptions, waiting a little while to make the citizenship application in order to do this is simply a good idea for the vast majority of applicants.


. . . for the applicant who makes an application in 2019 relying on counting tax year 2018 as one of the three years of filing compliance, it would be prudent (perhaps absolutely necessary) to have filed a 2018 tax year return (if required) BEFORE an interview takes place.

Edit to add: If you check "NO" -- "NO" for tax year 2018 and apply, it is IMPORTANT to file your 2018 tax return on time.

Note that as of April 30, most residents of Canada are required to file a return for 2019 (technically many of us, like myself, actually are not required to file until June 15, but that is a detail not worth pursuing). Thus, while a "NO" -- "NO" for tax year 2018 is OK for now (until the end of April), after April 30 this will (for most applicants) NOT count toward one of the THREE years of compliance UNLESS they have actually filed a return. If IRCC checks after April 30 (such as in the course of the Interview), this can matter. What the applicant reports in the application must show the applicant meets ALL requirements as of the day the application is signed and sent. BUT the applicant must still meet the requirements throughout the entire time the application is being processed.
 
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sistemc

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Feb 2, 2014
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How come that such a trivial question and task resulted in such a long thread?

Come guys most of you are not Canadians yet, why then this overzealously overcomplicated discussion?
 

dpenabill

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How come that such a trivial question and task resulted in such a long thread?

Come guys most of you are not Canadians yet, why then this overzealously overcomplicated discussion?
Actually most of those posting above appear to be Canadians. Not Foreign Nationals. Most clearly indicate they are Canadians (since they are applying for citizenship and one must be a Canadian to be eligible for citizenship).

What is obvious to many, or even most, is often not so obvious to those who need to know. This forum is rife with tales of woe told by immigrants who misunderstood what is readily obvious to many, even most. (Examples: police certificate queries; PR Residency Obligation queries; fact that PRs are Canadians under Canadian law.)

More importantly though, the forum is also rife with declarative statements which are outright NOT correct (in addition to some forum participants erroneously failing to recognize that Canadian PRs are CANADIANS, even some experienced forum participants are still posting erroneous information about the obligation of non-residents to file returns if their family is in Canada, or erroneously asserting that business trips cannot qualify for the working-abroad credit toward PR RO compliance, among many, many other examples), or NOT correct in the particular situation (advice that financial reasons for staying abroad are NOT considered if a PR needs H&C reasons to keep status for a RO breach is often WRONG), or potentially NOT correct DEPENDING on individual factors (this is particularly so in discussions about H&C reasons considered in the event of non-compliance with the PR RO).

The latter, responses correct for many but WRONG in the particular situation, are all too common and actually a huge problem in the forum. Scores of queries are answered with what is the most likely right answer, for most applicants, BUT for some applicants, in their particular situation that is the WRONG answer.

One of the most common source of bad information in this forum comes from how many will answer questions as if their own experience, or the experience of a few, explains what the rule is (it does not), or illustrates what will happen (it might, but might not), with NO regard for the fact that individual anecdotal experiences can NEVER be relied upon to indicate what will always happen, even if that is what is likely to happen.

The nuances CAN matter. And in some situations they can matter a lot.

The impact of answers which are correct for the majority, but wrong for a particular individual in that individual's specific circumstances, can range from minor inconvenience to significant delays, but in some situations it can have devastating consequences . . . for example, while Harper was still the PM, it was common for prospective applicants to be advised (in this and other forums, and actually sometimes by CIC help line agents as well) that they should have a valid passport when they apply for citizenship, which was OK for the vast majority, but NOT if the prospective applicant had come to Canada as a refugee. Virtually NO ONE was qualifying their response excepting PR-refugees.

For my part, I skip the easy Q&As. Others here will answer those. If I am posting it is because I perceive some complexities involved. And even then, I tend to focus on questions for which there appear to be overlooked or misunderstood nuances with lurking pitfalls, in respect to a few particular issues I follow. Unfortunately such matters are not amendable to a twitter oriented state of mind. Not for those with short attention spans or ADD or ADHD. My guess is they know how to scroll or swipe to move on to bumper-sticker slogans they can understand.


AND perhaps among the more very telling examples of common errors here: ". . . most of you are not Canadians yet" stated in a particular topic, in a conference, about applying for grant citizenship. ONLY CANADIANS CAN BE ELIGIBLE FOR GRANT CITIZENSHIP. To be eligible to apply for citizenship, a person MUST ALREADY BE A CANADIAN. NOT A FOREIGN NATIONAL. Most participants in this forum have actually been Canadians for YEARS.

Reminder: under Canadian immigration law, Canadian PRs are Canadians, NOT Foreign Nationals. See definitions in Section 2 IRPA. https://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-1.html#h-2
 
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