Citizenship application - Tax return

[msamiullah]

Hello everyone,

I became resident on June 2013 and left Canada right away and came back in Nov 14. I didnt file my tax return for year 2013 just wanted to check if this would have any impact on my citizenship application (I have already filled my application).

thanks

 

[EstherBarros]

Hello everyone,

I became resident on June 2013 and left Canada right away and came back in Nov 14. I didnt file my tax return for year 2013 just wanted to check if this would have any impact on my citizenship application (I have already filled my application).

thanks

Did you state that you didnt file?
It should be fine as long as you were truthful, filing taxes is not a requirement for citizenship, but rather it helps prove that you were in the country and working (confirm physical presence in Canada).

 

[k.said]

I believe that filing income tax return is mandatory to apply for citizenship as it's one requirement among others for that as stated by the bill C-6 :

2.1.5 Income Tax Returns (Clause 1(4))
Clause 1(4) changes the existing provision requiring citizenship applicants to meet requirements under the Income Tax Act, matching it to the change to the period of residency in Canada. New section 5(1)(c)(iii) specifies that a person must provide income tax returns for three years within the five-year period before applying for citizenship.

 

[Goku]

I believe that filing income tax return is mandatory to apply for citizenship as it's one requirement among others for that as stated by the bill C-6 :

2.1.5 Income Tax Returns (Clause 1(4))
Clause 1(4) changes the existing provision requiring citizenship applicants to meet requirements under the Income Tax Act, matching it to the change to the period of residency in Canada. New section 5(1)(c)(iii) specifies that a person must provide income tax returns for three years within the five-year period before applying for citizenship.

No its not mandatory.

 

[k.said]

No its not mandatory.

Why it's not mandatory when the bill says the opposite?

The post below confirms that : February 2017 - Citizenship Applicants

 

[EstherBarros]

To clarify (source here):

• meet any applicable requirement under the Income Tax Act to file a return of income for the four taxation years that are fully or partially within the six years immediately before the date of application.

What I Believe this means is the person needs to be compliant with the requirements of the Income Tax Act. So, if they are physically present in Canada but do not work, they technically are not required to file the return, hence they are in compliance. That's why the form has two columns: were you required to file, and did you file?

In any case, if OP filed all of the tax returns after 2013, then they should be ok (as I understand it) on all fronts.

Cheers,

 

[ZingyDNA]

Why it's not mandatory when the bill says the opposite?

The post below confirms that : February 2017 - Citizenship Applicants

I think you just need to file taxes for the years that you're required to file. The OP was not a resident of Canada in 2013 for tax purposes, so I don't think he/she needs to file...

 

[k.said]

The requirement is 3 tax filings out of 5.
So if you did it for 3 times between 2014 and 2017 it should not be an issue for you. it depends only on which date you have sent your application.

 

[Joshua1]

You didn't became resident on June 2013. You just did landing. PR actually doesn't consider resident entirely unless you live here permanently

This is unrelated to the Tax issue, but your statement not accurate.

"Landing" expressly means the day you become a Permanent Resident (PR). Many people have PR status but do not live here permanently.
According to IRCC: "To maintain your status as a permanent resident, you must live in Canada for at least two years within a five-year period. During this time you must be here physically. The two years may not need to be continuous."

In fact, in some cases, PR don't even have to live here for those 2 required years. http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=727&top=4

 

[EstherBarros]

The requirement is 3 tax filings out of 5.
So if you did it for 3 times between 2014 and 2017 it should not be an issue for you. it depends only on which date you have sent your application.

This is incorrect as per the link I provided above, directly from IRCC. Please, do not share misinformation.

 

[k.said]

I checked the link you have put, but there is nothing that confirms your statement. I found the text below in the same page. I'm curious to know why you think i'm sharing misinformation


Physical Presence
The Citizenship Act requires that applicants under subsection 5(1)

• be physically present in Canada for at least 1095 days during the 5 years immediately before the date of application;
• meet any applicable requirement under the Income Tax Act to file a return of income for the 3 taxation years that are fully or partially within the 5 years immediately before the date of application.

So, he/she does not need to file 2013 if he/she did it from 2014 up to 2017 in case he/she applied in 2018. Right ?

 

[EstherBarros]

I checked the link you have put, but there is nothing that confirms your statement. I found the text below in the same page. I'm curious to know why you think i'm sharing misinformation


Physical Presence
The Citizenship Act requires that applicants under subsection 5(1)

• be physically present in Canada for at least 1095 days during the 5 years immediately before the date of application;
• meet any applicable requirement under the Income Tax Act to file a return of income for the 3 taxation years that are fully or partially within the 5 years immediately before the date of application.

Learn more about residence requirements.

MEET THE APPLICABLE REQUIREMENT does not mean that they have to have filed it necessarily, as I said, if one does not have income and doesn't file a tax return, then they are meeting the applicable requirement (as I understand it). I may be wrong, though.

In any case, as I also said before, if OP filed for 2014, 2015, 2016 and 2017 then there is no issue. Also, they can file the return now for those years even with no income.

 

[k.said]

2 out if 5 just be maintain your permanent resident status. if you live more than 6 months in each calender, you are not entirely a resident of canada. That applies to citizens too. Receiving a penny as benefit in a taxation year and not filing tax return can cause some issue.

It's not completely true. You can be outside Canada for more than 6 month in a year, but you may still be considered as Canadian resident for tax purpose and eligible to filing a tax income return. This is what CRA calls "Deemed resident".

 

[Joshua1]

2 out if 5 just be maintain your permanent resident status. if you live more than 6 months in each calender, you are not entirely a resident of canada. That applies to citizens too. Receiving a penny as benefit in a taxation year and not filing tax return can cause some issue.

Why do you keep making stuff up?

You said something inaccurate in a post, a member showed you proof by providing the actual link, but instead of acknowledging your mistake and move on, you choose to doubledown by stating more inaccuracies.

I've been corrected many times in this forum and it's fined... it's ok to be wrong sometimes my friend.

Cheers!

 

[msamiullah]

The requirement is 3 tax filings out of 5.
So if you did it for 3 times between 2014 and 2017 it should not be an issue for you. it depends only on which date you have sent your application.

Yes I have filled taxes for 2014,2015 and 2016. As I applied for citizenship in Dec 2017, I couldnt file for 2017. I hope that wouldnt be an issue.