Child Benefit

[John1954]

Hi, I'm a PR and living outside Canada but have for the past year, my family is with me (Spouse & 3 children) I'm planning to go back next August and stay in Canada, but recently I discovered that I wasn't suppose to receive Child Tax Benefits as long as my kids are outside Canada, this is because when I read the regulations of CRA it requires a (Resident) status but doesn't mention (or I've missed that) they need to be in Canada physically. can anyone advice how am I suppose to solve this when I return ? am I going to be in trouble ? can I just return the money (as it's in my bank account in Canada never used) ? please help.

 

[thor]

yes you can do that but please speak to CRA people

 

[salem10]

Hi, I need smilar answer as you found. when the CTB start for Temporary resident person. When 18months passed when one parent comes to Canada or 18 months from the kids are physically in Canada?
My kids join me in Canada after 12 months. Is the 18moths start from my entery or from kids entery?
Thank you in advance

Hi, I'm a PR and living outside Canada but have for the past year, my family is with me (Spouse & 3 children) I'm planning to go back next August and stay in Canada, but recently I discovered that I wasn't suppose to receive Child Tax Benefits as long as my kids are outside Canada, this is because when I read the regulations of CRA it requires a (Resident) status but doesn't mention (or I've missed that) they need to be in Canada physically. can anyone advice how am I suppose to solve this when I return ? am I going to be in trouble ? can I just return the money (as it's in my bank account in Canada never used) ? please help.

 

[rpk]

My friend has a problem in owing tax returns paid to him. He came with his family (wife and 3 kids) in 2008, and all of them returned back after 2 months, but they filed tax. They noticed in their bank account that they received all benefits for sometimes.
They are back again, almost a year in Canada. They filed their taxes and later asked for a review from the CRA for their stay in Canada during the last 3-4 years.
Now CRA said that they owe a lot of money, and they asked to pay back. They are not receiving any benefits since they came and also they are on social assistance right now, and not in a situation to pay the debt.
They want to know the following.
1. Whether owing money to CRA would negatively affect when they apply for their PR renewal?
2. Can they get a relief from the debt as they are not in a position to pay?
3. What is the 'Ontario Debt Assistance Program'? and can they get help from them?
They really need advice.
Thanks

 

[SenoritaBella]

Some things don't make sense:

1.) They spent just 2 months in the country and left but asked for a review during the last 3 - 4 years? What for? ??? :-X

2.) To receive benefits, they had to have filed their taxes before. Did they do it before leaving Canada?

3. There is no such thing as "they noticed in their bank account" ... you have to sign up for direct deposit before CRA sends the money to the account.

As for the questions:

1. Permanent residents MUST pay taxes and respect all canadian laws - see this: http://www.cic.gc.ca/english/newcomers/about-pr.asp
Proof of residence in Canada in the past 5 yrs is needed and income tax assessments issued by CRA is one of the documents required. They may be asked to complete a residency questionnaire(RQ) and must submit T4 slips and notice of assessments from CRA. So it would not look good to be owing the CRA.

2. I don't know but they can not ignore it. At the very least they should speak to CRA and try to arrange a payment plan. CRA has the power to go into their bank account and remove the money or collect it directly from your employer. What are they doing to repay the debt? Are they looking for work?

3. I don't know about the program but it's a good place to start.

 

[rpk]

Thanks for the advice. They have filed taxes during their time in Canada in 2008, and seems to gave advice for direct deposit. i don't know exactly why they have been asked to to get information during the past years.
They are looking for jobs, and if they get they will definitely pay the money, as I understand.

 

[Hasher]

Dear SenoritaBella,

I have a situation that my wife was out of Canada for 8 months in 2011 with two of my Kids, but in the meantime she was recieveing CB from CRA, now CRA also sent a letter asking her to prove the days from 2010 to date. Is their any plenty if Kids and Wife didn't inform CRA they were out of country for eight months, are they going to take back the eight months amount.

please advise as not easy to pay back the eight months amount.

 

[SenoritaBella]

Hi,
This link may be helpful: http://www.cra-arc.gc.ca/bnfts/cctb/fq_qlfyng-eng.html

4. Can I get the Canada child tax benefit?
To be eligible, you must meet all the following conditions:

•you must live with the child, and the child must be under the age of 18;
•you must be primarily responsible for the care and upbringing of the child;
•you must be a resident of Canada; and
•you or your spouse or common-law partner must be a Canadian citizen, a permanent resident, a protected person, or a temporary resident who has lived in Canada for the previous 18 months, and who has a valid permit in the 19th month.

If she stayed in Canada for less than 183 days in the 2011 tax year, she is considered a "non-resident for tax purposes" and likely does not meet criteria 3(in red) above and may be asked to repay the benefits. If that is the case, a repayment plan can be arranged with CRA.
See this: http://www.cra-arc.gc.ca/tx/nnrsdnts/ndvdls/nnrs-eng.html

Dear SenoritaBella,

I have a situation that my wife was out of Canada for 8 months in 2011 with two of my Kids, but in the meantime she was recieveing CB from CRA, now CRA also sent a letter asking her to prove the days from 2010 to date. Is their any plenty if Kids and Wife didn't inform CRA they were out of country for eight months, are they going to take back the eight months amount.

please advise as not easy to pay back the eight months amount.

 

[steaky]

In other words, if your wife can prove that they normally live in Canada and she has significant ties with Canada (such as a home and a spouse in Canada), she can still be consider as "resident for tax purposes". She and your child can show their provincial health cards to prove they normally lives in Canada and consider as tax residents of Canada.

I'm not sure if people need to be physically living in Canada or being resident for tax purposes in order to be eligible for CB. Clear as mud to me

 

[Hasher]

Folks

Any Idea how much they will take back if my wife straight away inform them that she along with family was not in Canada for eight months for calender year 2011 (without informing CRA). We have been receiving this child benefit from January 2009, but were out of Canada for eight months in 2011. Are they going to take back all the amont todate or just ask for eight months amount.