GST/HST credit question (WARNING: long post)

[Love_Young]

Hello, well earlier this year before my husband and I got married in May he put me down on his tax return as his common law wife. We had been living together for over a year around tax time. All was good and hubby got his tax refund as well as GST/HST check. They then later in the month mailed us a letter stating that they could not confirm that hubby was eligible to receive GST/HST for me since they needed proof of common law status as well as SIN and we needed to pay back the check, which we did. In June we mailed the Statutory Declaration for Common Law status that we had completed before being married in with a letter explaining why I don't have a SIN. Well just last week we finally got a response, thing is I don't know what I should include else with the letter to prove he is eligible to receive this credit. And since they evaluated us as common law previously, would it be too confusing to them or too late to mail a change of marital status with the rest of the things they are requesting?

Before I type up what the exact letter says, I will give you some background. Hubby and I have been living together since Nov 12, 2008. Last year we thought we were going to apply common law so we obtained a statutory declaration of common law status in Dec 2009. Later in Dec we discussed future plans and decided we would like to marry however since we wouldn't be married by the time tax time came around (I believe it is April right?) we filed with me as common law which was the correct thing to do. We later got married in late May 2010 so we have yet to have the opportunity to change his marital status so we still need to do that. I am currently on implied status since I am waiting for AIP which should be in April 2011, I am not able to show them any "current" visitor records just the one that is providing implied status. On the letter they are asking me to explain why I can't get a SIN, they didn't mention Individual Tax Number so I am not sure what to explain as to why I cannot get a SIN. I know I can obtain a ITN but I hear they bring nothing but issues later on after you do get a SIN. Comments on that?

Anyway here is the letter I received so please if you can recommend me some things on what to include or how to explain our situation to CRA it would mean a lot. My hubby has had to go without two GST checks so far this year and I would like to do the best I can to make sure he is able to get the checks he deserves especially since we do qualify for the benefit.

"Dear Sir:
RE: Goods and service tax/harmonized sales tax (GST/HST) credit

We are writing in response to your letter dated June 15, 2010 regarding your GST/HST credit account. We apologize for the delayed reply. We are unable to fully update the information provided as additional information is required.

The social insurance number (SIN) for your spouse or common-law partner is incorrect or missing. If he or she does not have a SIN please contact the nearest Service Canada Centre. If your spouse or common-law partner has already applied for a SIN, please resubmit your benefit application once he or she receives their SIN form the Service Canada Centre. If the Service Canada Centre has denied your spouse or common-law partner's application for a SIN, you must explain the reason for the denial below and return this letter to us. In addition, please attach a legible copy of one of the following original or certified documents:
- a visitor record;
- a passport;
- a driver's license;
- a birth certificate or proof of birth; or
- a temporary resident permit.

Reason for denial of a SIN by the Service Canada Centre:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

You did not provide your spouse or common-law partner's date of entry into Canada. _____________________________
Please forward the requested information to the attention of the undersigned in the attached envelope. If we do not receive a reply within 30 days, we will assume that you do not consider yourself eligible for our benefit programs.

Yours sincerely,
Benefit Programs"

I know we need to figure something out soon since it will be 30 days before long that they sent the letter to us but before I mailed anything I just wanted to get advice. Do you think it is worth trying to go to the tax centre itself? I just don't know what to do. Someone please help us. ???

 

[bonbon9]

Sorry Love_Young I don't know how to help you, but I would like to know the answers you get as we're kinda in the same situation

 

[Love_Young]

Oh sorry you are in a similar situation bonbon9. If it isn't one task in this process, it is another. Hopefully this posts will help others too.

 

[Karlshammar]

Sorry, but I don't think he'd be eligible for the GST/HST credit without a SIN. Btw, what's an ITN? The only one I'm familiar with is an ITIN, but that's a U.S. number.

 

[PMM]

Hi

Sorry, but I don't think he'd be eligible for the GST/HST credit without a SIN. Btw, what's an ITN? The only one I'm familiar with is an ITIN, but that's a U.S. number.

Individual Tax Number

 

[Love_Young]

Sorry, but I don't think he'd be eligible for the GST/HST credit without a SIN. Btw, what's an ITN? The only one I'm familiar with is an ITIN, but that's a U.S. number.

Actually he is eligible, he is the Canadian citizen and DOES have a SIN. I am the one that does not.
And considering that he has supported me for two years on one income and I am dependent on him, he should be eligible. We are trying to receive the spousal/dependent claim. And as PMM posted ITN is an Individual Tax Number. I could not remember whether it was ITN or ITIN that Canada called it. They both seem to represent a similar thing. A visitor is allowed to receive an Individual Tax Insurance Number if they are not eligible for a temporary or permanent SIN, if they need one to file taxes and want a refund, and you are a deemed resident of Canada.

 

[prof456]

Where are you folks located? There's probably a CRA office in your district. Book an appointment to see someone and discuss with them.

 

[Jurjen]

Did you use to work, before entering Implied Status? If so, you already have a SIN and need to keep on using that number, even if it's officially expired. At least, this is wat Services Canada explained to me. My first taxes I'll need to do, will be for this year, so I don't have experience with the Revenu services. Hope this is any usefull anyways.

 

[bonbon9]

Love_Young I think the right way to do it is to get an ITN from them.

Do you know if once we get the ITN and file as non-residents with 0 income, our husbands will receive the GST/HST checks that they missed (since date of marriage/common law)?

 

[Karlshammar]

Ah, ok, I understand now. Thanks for the explanation!

Actually he is eligible, he is the Canadian citizen and DOES have a SIN. I am the one that does not.
And considering that he has supported me for two years on one income and I am dependent on him, he should be eligible. We are trying to receive the spousal/dependent claim. And as PMM posted ITN is an Individual Tax Number. I could not remember whether it was ITN or ITIN that Canada called it. They both seem to represent a similar thing. A visitor is allowed to receive an Individual Tax Insurance Number if they are not eligible for a temporary or permanent SIN, if they need one to file taxes and want a refund, and you are a deemed resident of Canada.

 

[Love_Young]

Where are you folks located? There's probably a CRA office in your district. Book an appointment to see someone and discuss with them.

We are in St. John's and the office isn't too far from the house. That is why I was considering going there. We received the letter from the St. John's office itself anyway.

 

[Love_Young]

Did you use to work, before entering Implied Status? If so, you already have a SIN and need to keep on using that number, even if it's officially expired. At least, this is wat Services Canada explained to me. My first taxes I'll need to do, will be for this year, so I don't have experience with the Revenu services. Hope this is any usefull anyways.

No I didn't work before being on implied status. But I am glad you posted that so it can be helpful to others that didn't know that.

 

[Love_Young]

bonbon9: I am not sure but I am hoping that would be the case. Really the only reason they haven't given it to him so far is because I don't have a SIN number. But I am assuming that if you were to get some form of tax number then it would make the processing easier.

Karlshammar: You're very welcome.

 

[bonbon9]

bonbon9: I am not sure but I am hoping that would be the case. Really the only reason they haven't given it to him so far is because I don't have a SIN number. But I am assuming that if you were to get some form of tax number then it would make the processing easier.

Karlshammar: You're very welcome.

I called CRA earlier and the lady explained me that the ITN is needed for any non-resident to file an income tax return. We need to file our incomes even if they're 0, so they can recalculate our families' GST/HST, and the credit will go to the SIN holder (our husbands).

It's kinda how I understand it. Because there is a bunch of additional forms to submit. She gave me a list:


- rc65
- rc66
- rc66sch
- t1261

 

[Love_Young]

I called CRA earlier and the lady explained me that the ITN is needed for any non-resident to file an income tax return. We need to file our incomes even if they're 0, so they can recalculate our families' GST/HST, and the credit will go to the SIN holder (our husbands).

It's kinda how I understand it. Because there is a bunch of additional forms to submit. She gave me a list:


- rc65
- rc66
- rc66sch
- t1261

WOW thanks sooo much for that. I think though we might just make an appointment and bring everything with us. Maybe they can help me with everything as well. On the ITN form it says it takes 4-6 weeks to get a number issued but we don't have that long to wait since they want us to reply within 30 days, well more like 9 now... here is hoping they can do something for us. I will post here when we get everything done. Update me if you figure everything out.