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citizenship application - did not file tax for one of the year

peojgwp23

Newbie
May 28, 2024
2
0
It was that year of peak covid with chaos in US and Canada with people dying and getting infected and what not. CRA announced various tax exemptions as well that year. doing tax right without proper yes or a no was simply impossible given the situation. went with the advice and the best i could understand (CRA covid exemptions and treaty laws - at a basic understanding - i was not required to file tax in Canada)

But tax laws are not that simple, and I now have a doubt in mind if any tax law was not followed. it is open for interpretation - had it been just last year, one would simply file it and get done with it. it has been a few years now and amending and filing window has really gotten old.

1. Stayed in Canada for more than 183 days in the year (relevant)
2. Did not have any income in Canada.
3. Working for a US company, remote from Canada.
4. Filed taxes in the US. Did not file tax in Canada (based upon the advice I received from a tax expert at that time - even though later after years, another tax advisor said one would need to file tax in Canada - may be trying to make money - don't know)

It is still unknown if this was correct or wrong. One other tax consultant told one might have to file tax (but it was too late and years had passed).
for citizenship application - is it enough to stay one more year (rather a little more than 183 days in the year) and file taxes (that is stay in canada for about 3.6 years and file taxes for 3 years) ?

tax, covid and everything made the situation complicated and one cannot go back few years ago and file taxes. one does not want to file taxes with 0 income. it is a complex tax thing. one would not wish to go back and amend US taxes and then wait for approval and then file Canada taxes and possible penalties. it was peak covid times, and there was enough chaos already.

at that time to the best of one's knowledge and advice, decision was made to file taxes in US as resident and not file tax in Canada as there was no income.

Citizenship application needs - 3 years of physical presence and have to file taxes for 3 years.

So can one just stay for 7 more months and become required to file tax in Canada (for one additional year) - and then file Citizenship application ? (or wait to file the tax for the 3rd year and then later file the citizenship application)

what would be the best advice?
 
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fièrementcanadien

Star Member
Jan 31, 2024
70
49
Vancouver
Category........
FSW
Visa Office......
Sydney
> Citizenship application needs - 3 years of physical presence and have to file taxes for 3 years.

I can't speak to the rest of your post but to be clear, the rules are: 3 years of physical presence and have to file taxes for 3 years if you were required to.
 

Seym

Champion Member
Nov 6, 2017
1,561
759
That's not a problem. You can file tax for previous years. Do it today for the missing year and go ahead with your citizenship application stress free right after.
By the time IRCC checks with CRA, they will have processed your tax return.