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New immigration law - PR card holders (based in BC) now need 5 year tax assessme

johnlam

Newbie
Nov 15, 2012
2
0
I just read that with the new immigration law that just took effect, all PR holders would now need to present 5 years CRA income tax assessment when they apply for the PR card renewal.

One of the people that I know may have have a problem.

He landed in Canada at the end of December, 2010 and got his PR card in January 2011. Then he returned overseas (Taiwan ROC) to complete his required military service. Before he was drafted in September 2011, he had a job. He was discharged in August 2012 and has a job in Taiwan ROC at the moment. He plans to return Canada some time next year (2013) for further study and to stay at least 2 years before his current PR card expires in order to fulfill the time limit required for PR renewal.

Now with the new law, do you think he needs to make tax return from year 2011?

What are his options? I'm interested in this case myself.

Appreciate any feedback or advice.
 

steaky

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Nov 11, 2008
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No, you just need to show the notice of assessment for the last five years. Say your friend would like to renew his PR card in 2015 and he move back to Canada in March 2013, he would have to include his notice of assessment for 2013 and 2014 with the application for the PR card renewal.
 

johnlam

Newbie
Nov 15, 2012
2
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Thanks Steaky..

Can you put in the url or references to site about what you mentioned to confirm? I may need to call CRA on the matter perhaps?
 

steaky

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Nov 11, 2008
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Just re-read the guide for PR card renewal. It said "Other Income Tax assessments issued by Canada Revenue Agency within the past five (5) years".

I don't think CRA deals with this. You might, however, want to check with the CIC call centre.

http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#5445E4
 

farid-

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Apr 19, 2012
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absolutely correct I,just filled the,forms recently it,says within five yrs.
 

yazmost

Star Member
Apr 27, 2007
58
1
You scared me!! so does that mean, to renew your PR you have to proof 5 years stay in Canada? how about citizenship then?
Did anyone understand that like this?

Regards,
 

steaky

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Nov 11, 2008
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yazmost said:
You scared me!! so does that mean, to renew your PR you have to proof 5 years stay in Canada? how about citizenship then?
Did anyone understand that like this?

Regards,
Nope. I suggest you read the guide again.
 

Msafiri

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Nov 18, 2012
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As the inclusion of tax assessements is a relatively new requirement we'll have to see if a trend emerges for those who submit 2 years of tax returns. It can be the case that only 2 years of returns are available as the person has only been in Canada for 2 years. I think the problem will be for those whose 2 years in Canada is out of sync with the 'standard' tax filing/ notice assessment timelines e.g your return to Canada February 2010 you file in 2011 for the 2010 year apply for PR Card renewal February 2012 but have only the 1 year Notice of Assessment. Arguably if all you need is 2 years presence for renewal then if you can prove this presence you will get a renewed PR Card.
 

choson86

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Sep 20, 2012
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Hey ppl

does this only apply to ppl residing or wanting to reside in BC?
 

Msafiri

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Nov 18, 2012
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Applies to all PR renewals regardless of province/ territory of residence.
 

choson86

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Sep 20, 2012
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Hey all,

Man.. this tax assessment thing is getting me confused.
I'm currently outside of Canada and I'm planning to return 4~5 months before my PR expires in Sept.2014 due to personal issues. I was then planning to reside in Canada for 2 years (if I do get in) attending an MBA program and then apply for a PR Card renewal. Would the inclusion of tax assessments for the last five years interfere or make my plans difficult?

thanks in advance.
 

Msafiri

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Nov 18, 2012
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Your application will be in 2016 so its speculation at this time as to the documentation that will be required then. Assuming this stays as is then submit 5 years Notice Of Assessments if you have them if not then whatever you have. You need proof of 730 days of physical presence in the 5 year window preceeding the date of PR Card renewal application so if you can provide such then you will get a renewal. Filing taxes is indicative but not conclusive proof of residence so having 5 years of tax assessments would be helpful to your application. Not having the notices (at least covering 730 days) is not necessarily a hindrance but it does raise questions as to why you have not filed taxes if you really have been resident in Canada.