Filing partner taxes before common law PR application. Is it necessary?

[guillermochile]

Hi,

I am about to file my PR and my girlfriend for the last 4 years will sponsor me for that. She hasn't done her taxes in 8 years and she is doing them right now, for those same 8 years. My lawyer is telling me that is very very important that she has at least last three years done before filing my PR application. In your opinion guys, how important is this? Has anyone gotten the PR through common law without the partner having to do the taxes? It already has delayed my application for 2 months.

I appreciate all of the informed opinions.
Thanks!

G

 

[QuebecOkie]

Unless you're in Québec, she'll have to include an Option C form from CRA. She won't be able to get that, I don't believe, without having filed her taxes. Also, filing as common-law for the past four years will be further proof of your status together. I have no personal experience with this, as we filed married from within Québec, but it seems worth a bit of a wait to be sure that you have what you need. A delay of a few months now may save a delay of months later, when they would otherwise have to request further documentation.

 

[Rob_TO]

I am about to file my PR and my girlfriend for the last 4 years will sponsor me for that. She hasn't done her taxes in 8 years and she is doing them right now, for those same 8 years. My lawyer is telling me that is very very important that she has at least last three years done before filing my PR application. In your opinion guys, how important is this? Has anyone gotten the PR through common law without the partner having to do the taxes? It already has delayed my application for 2 months.

Only the previous years tax return is important. Tax returns from previous years should not matter.

What is more important is that you can prove cohabitation with your gf for minimum of 12 consecutive months.

Also when she files all her tax returns, she will need to consider the date you officially became common-law (so the date you first reached 12 months of living together), and as of that date will need to change her status from single to common-law.

And on a side note, filing 8 years worth of tax returns all at once, there is a good chance she will be flagged for audit by the CRA.

 

[little_apple]

VO Vienna requested our tax returns / Notice of Assessment for 2012 and 2013. In my GCMS notes I read later that the officer wanted to make sure that we filed as common-law.

In your case I would file taxes as common-law and include this proof in your application. Filing taxes is usually really fast and easy if you use a software like Turbotax

 

[SenoritaBella]

I'm not sure how they can confirm you filed as common-law by looking at the notice of assessment(NOA), unless, they call CRA to confirm. My NOA does not state my marital status.

VO Vienna requested our tax returns / Notice of Assessment for 2012 and 2013. In my GCMS notes I read later that the officer wanted to make sure that we filed as common-law.

In your case I would file taxes as common-law and include this proof in your application. Filing taxes is usually really fast and easy if you use a software like Turbotax

 

[SenoritaBella]

She can file the return for 2013(most current) first, get the option C print out, before mailing the application. Then go back and file for the last 7 up to 2012.
If you guys have savings, investments, etc include proof with your application. If you have TFSA(tax free savings account), RRSP(registered retired savings plan), life insurance, etc consider adding each other as beneficiaries, and include with your application.

Many people are of the logic that if you don't owe taxes, you don't need to file. But they forget they could be owed money back. For example, I have overpaid into CPP(Canada pension plan) once or twice, and CRA returned the excess amount.

If you don't file, you don't get the GST/HST credit or the spousal credit, which one of you can claim if the other person earned less than $11,000 last year.

Depending on how much your combined household income is, you may be eligible for some provincial credits like the low income benefit, assisted living credit, etc (the names differ by province).

Hi,

I am about to file my PR and my girlfriend for the last 4 years will sponsor me for that. She hasn't done her taxes in 8 years and she is doing them right now, for those same 8 years. My lawyer is telling me that is very very important that she has at least last three years done before filing my PR application. In your opinion guys, how important is this? Has anyone gotten the PR through common law without the partner having to do the taxes? It already has delayed my application for 2 months.

I appreciate all of the informed opinions.
Thanks!

G

 

[little_apple]

I'm not sure how they can confirm you filed as common-law by looking at the notice of assessment(NOA), unless, they call CRA to confirm. My NOA does not state my marital status.

I don't know. Maybe the officer made a mistake in the notes. Maybe he just wanted to confirm that we filed taxes at the same address...

The only difference I see between our two tax returns (first as single, second as common-law) is that the refund of the second one is soooo much smaller

 

[Carlaganda23]

I guess it is safe to file for Common-Law together right now since they might asked it from both of you.

Me and my partner filed together for 2013. We are officially Common-Law since July 2013( moved in together last July 2012- officially Common-Law after 12 months of living together). We are planning to send our T1 for further correspondence of our application. I guess it is one of the needed proofs to make it sure that your relationship/marital status is completely legit.