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Income Tax filing

americandesimd

Hero Member
Aug 10, 2014
265
17
Hi There,

Just wanted to confirm if my below filled table is correct. I moved to Canada in Jan 2018 and will be applying for citizenship end of this month Jan 2021
I will be filing my 2020 taxes online in Feb 2021 as that is the earliest date to file.
Am I good to apply end of Jan 2021 with the below table? Please review.

Tax Year Required to file Taxes Filed
YesNoYesNo
2020​
2019​
2018​
2017​
2016​

Thanks!
 

greencard14

Star Member
Jan 31, 2014
199
27
USA
Category........
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2173
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04-06-2014
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Sent with app
Med's Request
13-11-2014
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11-12-2014
Someone might correct this, but I read in several places that you will need to file at least three years taxes. If I were you, I would wait until early Feb and then apply after filing 2020 taxes too.
 

sydcarton

Hero Member
Sep 4, 2015
543
195
Hi There,

Just wanted to confirm if my below filled table is correct. I moved to Canada in Jan 2018 and will be applying for citizenship end of this month Jan 2021
I will be filing my 2020 taxes online in Feb 2021 as that is the earliest date to file.
Am I good to apply end of Jan 2021 with the below table? Please review.

Tax Year Required to fileTaxes Filed
YesNoYesNo
2020​
2019​
2018​
2017​
2016​

Thanks!
You will have to have filed taxes in three years out of 5 prior to applying for citizenship. Check here: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-0002-application-canadian-citizenship-under-subsection-5-1-adults-18-years-older.html#Step1

Judging by this table you have only filed taxes in years 2019 and 2018. You would have to file your 2020 taxes before applying for citizenship.
 

americandesimd

Hero Member
Aug 10, 2014
265
17
Thanks Guys for the quick reply.
Actually their statement is a bit confusing - "may need to file personal income taxes for at least 3 years within the 5-year period" (its may and not must)

However, I also think its best to wait until Feb 22 (E file date) and then apply. I will take your advise.
Do I need to wait until I get my NOA or as soon e file is done I have apply the next day?
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

Thanks Guys for the quick reply.
Actually their statement is a bit confusing - "may need to file personal income taxes for at least 3 years within the 5-year period" (its may and not must)

However, I also think its best to wait until Feb 22 (E file date) and then apply. I will take your advise.
Do I need to wait until I get my NOA or as soon e file is done I have apply the next day?
1. There is no requirement to have filed taxes for Citizenship, you have to have 3 years residency in the 5 years on the date you apply.\
2. CIC just asks whether you filed taxes or not, some people don't bother to file taxes if they have overpaid.
 
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dpenabill

VIP Member
Apr 2, 2010
6,427
3,173
Hi There,

Just wanted to confirm if my below filled table is correct. I moved to Canada in Jan 2018 and will be applying for citizenship end of this month Jan 2021
I will be filing my 2020 taxes online in Feb 2021 as that is the earliest date to file.
Am I good to apply end of Jan 2021 with the below table? Please review.

Tax YearRequired to fileTaxes Filed
YesNoYesNo
2020​
2019​
2018​
2017​
2016​

Thanks!
The tax related requirement is to have COMPLIED with CRA tax filing requirements for 3 of the previous 5 tax years.

Years checked [Yes] (required to file, yes) and [Yes] (filed, yes) count.

Years checked [No] (required to file, No) and [Yes] (filed, yes) count.

Years checked [No] (required to file, No) and [No] (filed, No) count.

That is because all those are years in which the individual complied with CRA rules for who must file a tax return.

Actually, only if the applicant checks [Yes] (required to file, Yes) and [No] (filed, No) is that a year that will not count . . . the individual was required to file under CRA rules but did not, so that is not a year the individual complied with tax filing rules.


Citizenship Applications Made in 2020:

For an application made during the tax year 2021, the relevant five tax years are precisely as you list them: 2016, 2017, 2018, 2019, 2020.

Based on what you list here, you met the tax filing requirements for at the least the four years 2016 through 2019, including 2016 and 2017 since you were not required to file a return for those years.

I am not sure when Canadian residents are required to file a tax return for 2020. For most years, for most but not all Canadian tax filers, the tax filing deadline is April 30 of the following tax year, but Covid-19 delayed the deadline for 2019 returns and probably (I have not checked) does so this year, for 2020, as well. Nonetheless, the soonest a Canadian is REQUIRED to file a tax return for 2020 (unless for some reason the taxpayer receives a request for one sooner, which is very unlikely), will be April 30, 2021.

Thus, for any citizenship application made between now and April 29, 2021, the applicant can check [No] NOT REQUIRED to file a return for 2020, and thus a [No] have NOT FILED check for 2020 will still count 2020 as a year in compliance with the tax filing requirements.

In a more practical, for what looks best approach, not a bad idea to wait to apply AFTER filing this year's return . . . assuming you are someone in a position to file as soon electronic filing is available, AND assuming that will be comparable to previous years (measures in response to Covid-19 can put a wrinkle in things). It is almost always good to wait and apply with more physical presence days IN Canada.

Similarly, overall and generally, even though compliance for three years meets the requirements, looks much better to be in compliance for all years.



REMEMBER: A year counts toward one of the three years in compliance if the individual has filed a return for that year, OR was not required to file a return for that year. That is, for a year to count under the citizenship qualifications, that only requires the filing of a return for a year in which CRA rules require the individual to file a return. Thus, some PRs may qualify for citizenship without ever having filed any tax return, and many will be able to count years they did not file a return.

Note: some forum participants assert that just being resident in Canada means the individual must file a return, but this is NOT true for everyone.

At the other end of the spectrum, some forum participants say that if the tax was paid for the year, such as through withholding by an employer, a tax is not owed and the individual is not required to file a return, and this too is WRONG (as long as the tax was paid there is no penalty, but the law still requires filing a return). Those who assert the latter fail to recognize the difference between when a tax is "owed" versus when a person has "to pay tax," failing to recognize that those who are obligated to pay a tax for a given tax year are by virtue of that alone generally required to file a return EVEN IF NO tax PAYMENT is "OWED" because it has been paid, again such as where the individual has fully paid the tax through employer withholding.

HOWEVER this is not the proper forum for questions about who must file a tax return . . . for that question first review the information available at the CRA at https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/you-have-file-a-return.html
 
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Ctv92

Hero Member
Jul 11, 2019
206
120
The tax related requirement is to have COMPLIED with CRA tax filing requirements for 3 of the previous 5 tax years.

Years checked [Yes] (required to file, yes) and [Yes] (filed, yes) count.

Years checked [No] (required to file, No) and [Yes] (filed, yes) count.

Years checked [No] (required to file, No) and [No] (filed, No) count.

That is because all those are years in which the individual complied with CRA rules for who must file a tax return.

Actually, only if the applicant checks [Yes] (required to file, Yes) and [No] (filed, No) is that a year that will not count . . . the individual was required to file under CRA rules but did not, so that is not a year the individual complied with tax filing rules.


Citizenship Applications Made in 2020:

For an application made during the tax year 2021, the relevant five tax years are precisely as you list them: 2016, 2017, 2018, 2019, 2020.

Based on what you list here, you met the tax filing requirements for at the least the four years 2016 through 2019, including 2016 and 2017 since you were not required to file a return for those years.

I am not sure when Canadian residents are required to file a tax return for 2020. For most years, for most but not all Canadian tax filers, the tax filing deadline is April 30 of the following tax year, but Covid-19 delayed the deadline for 2019 returns and probably (I have not checked) does so this year, for 2020, as well. Nonetheless, the soonest a Canadian is REQUIRED to file a tax return for 2020 (unless for some reason the taxpayer receives a request for one sooner, which is very unlikely), will be April 30, 2021.

Thus, for any citizenship application made between now and April 29, 2021, the applicant can check [No] NOT REQUIRED to file a return for 2020, and thus a [No] have NOT FILED check for 2020 will still count 2020 as a year in compliance with the tax filing requirements.

In a more practical, for what looks best approach, not a bad idea to wait to apply AFTER filing this year's return . . . assuming you are someone in a position to file as soon electronic filing is available, AND assuming that will be comparable to previous years (measures in response to Covid-19 can put a wrinkle in things). It is almost always good to wait and apply with more physical presence days IN Canada.

Similarly, overall and generally, even though compliance for three years meets the requirements, looks much better to be in compliance for all years.



REMEMBER: A year counts toward one of the three years in compliance if the individual has filed a return for that year, OR was not required to file a return for that year. That is, for a year to count under the citizenship qualifications, that only requires the filing of a return for a year in which CRA rules require the individual to file a return. Thus, some PRs may qualify for citizenship without ever having filed any tax return, and many will be able to count years they did not file a return.

Note: some forum participants assert that just being resident in Canada means the individual must file a return, but this is NOT true for everyone.

At the other end of the spectrum, some forum participants say that if the tax was paid for the year, such as through withholding by an employer, a tax is not owed and the individual is not required to file a return, and this too is WRONG (as long as the tax was paid there is no penalty, but the law still requires filing a return). Those who assert the latter fail to recognize the difference between when a tax is "owed" versus when a person has "to pay tax," failing to recognize that those who are obligated to pay a tax for a given tax year are by virtue of that alone generally required to file a return EVEN IF NO tax PAYMENT is "OWED" because it has been paid, again such as where the individual has fully paid the tax through employer withholding.

HOWEVER this is not the proper forum for questions about who must file a tax return . . . for that question first review the information available at the CRA at https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/you-have-file-a-return.html

Thank you for this! This was reallyyy helpful when I applied so figured I'd circle back around. I read so many opinions on this and ultimately decided to go ahead as I was eligible as of Jan 3 this year, and would not receive T4's for at least another month. This explanation also made sense after re-reading the language around taxes in the last 5 years on application instructions.

Re tax filing questions, my answers were:

year required to file, filed
2022 yes, no
2021 yes, yes
2020 yes, yes
2019 no, no
2018 no, no

I submitted online Jan 4, 2023 and got AOR Jan 19, 2023 having only filled 2 years of taxes. Fyi, I did attach a LOE confirming I am required to file 2022 taxes, have not yet received my T4's and would do so well in advance of the May 1, 2023 deadline.

Hopefully this helps others as it did me! Good luck everyone!