non-resident spouse

[abe83]

hi,

My spouse and I married two years ago, she didn't enroll me in her CRA tax issues didnt notify we are married yet cause the lady in the embassy advised we don't need to and because I am not living with her in Canada, and I never stepped to Canada yet , she is visiting me in my country (Egypt) she is willing to enroll me in her new year CRA Tax documents , as we finishing our sponsorship process. she is getting child support for one kid . how adding me to her CRA will affect her income tax ? will that suspend her child support ? is there really penalty for the past two years! actually one of her colleagues did the same thing with her non Canadian husband and advised her to do the same!

please advise what to do as soon as possible
regards

 

[jeffporfirio1]

hi,

My spouse and I married two years ago, she didn't enroll me in her CRA tax issues didnt notify we are married yet cause the lady in the embassy advised we don't need to and because I am not living with her in Canada, and I never stepped to Canada yet , she is visiting me in my country (Egypt) she is willing to enroll me in her new year CRA Tax documents , as we finishing our sponsorship process. she is getting child support for one kid . how adding me to her CRA will affect her income tax ? If you had no Canadian Income, and she was not supporting you, NO.
will that suspend her child support ? Again, if you had no Canadian Income, NO
is there really penalty for the past two years! NO
actually one of her colleagues did the same thing with her non Canadian husband and advised her to do the same!

please advise what to do as soon as possible
regards

 

[abe83]

thanks for your help
thats good news though
So she doesn't need to change her CRA martial status ?
someone noted she should and should claim my global income in CAD ?

 

[abe83]

hi,
sorry for bringing this here again.I need some clarification.
the Tax accountant said they might ask for the past two years income tax to be refunded , and they might suspend the child support for a while.
she enrolled her kid as dependent in the past two years, thats the reason why they will ask for refund ? I think he really don't know he just saying he thinks thats what would happen!
can someone advise ?

 

[cheng9999]

hi,

My spouse and I married two years ago, she didn't enroll me in her CRA tax issues didnt notify we are married yet cause the lady in the embassy advised we don't need to and because I am not living with her in Canada, and I never stepped to Canada yet , she is visiting me in my country (Egypt) she is willing to enroll me in her new year CRA Tax documents , as we finishing our sponsorship process. she is getting child support for one kid . how adding me to her CRA will affect her income tax ? will that suspend her child support ? is there really penalty for the past two years! actually one of her colleagues did the same thing with her non Canadian husband and advised her to do the same!

please advise what to do as soon as possible
regards

It does not affect her income tax, and you typically don't have to pay taxes (as you are not living in Canada, but there is something called deemed resident which does not just rely on days you stay in Canada but the ties and intentions you have) but depending on how much you make, it does affect the Child Tax Benefit. By saying "child support", do you mean the Child Tax Benefit?

It is not a penalty, but for the purpose of calculating how much Child Tax benefit she receives, it takes into account all the family income including the spouse who is not living in Canada.

 

[Rob_TO]

hi,

My spouse and I married two years ago, she didn't enroll me in her CRA tax issues didnt notify we are married yet cause the lady in the embassy advised we don't need to and because I am not living with her in Canada, and I never stepped to Canada yet , she is visiting me in my country (Egypt) she is willing to enroll me in her new year CRA Tax documents , as we finishing our sponsorship process. she is getting child support for one kid . how adding me to her CRA will affect her income tax ? will that suspend her child support ? is there really penalty for the past two years! actually one of her colleagues did the same thing with her non Canadian husband and advised her to do the same!

please advise what to do as soon as possible
regards

You may have a problem. She is supposed to change her status to "married", even if spouse is a non-resident. Once status is married, CRA will usually ask for non-resident spouse's "world income" earned outside Canada (form is CTB9 http://www.cra-arc.gc.ca/E/pbg/tf/ctb9/). This can then be added to your wife's income to confirm a total "family income" amount that CRA uses for purposes of calculating eligibility for things like child benefits.

So worst case scenario, they will ask for your world income and back-date the amounts to when you actually got married. They may do a re-assessment of all child benefits paid since that date, and force your wife to pay the difference back since she should have been receiving a lower amount all this time due to higher family income.

Also you may be deemed a factual resident simply due to having a wife and child living in Canada.
http://www.cra-arc.gc.ca/tx/nnrsdnts/cmmn/rsdncy-eng.html
Step 1: Determine if you have residential ties with Canada
The most important thing to consider when determining your residency status in Canada for income tax purposes is whether or not you maintain, or you establish, residential ties with Canada.
Significant residential ties to Canada include:
-a home in Canada;
-a spouse or common-law partner in Canada; and
-dependants in Canada;

http://www.cra-arc.gc.ca/tx/nnrsdnts/ndvdls/tmprry-eng.html#nttlmnts
Entitlements to benefits and credits
Canada child benefit
If your spouse or common-law partner is a non-resident of Canada, he or she will have to file Form CTB9, Canada Child Benefit – Statement of Income.

 

[abe83]

sorry to open that again , we just don't understand a lot about this.

we got a respond from the CRA saying that we need to pay money back and the due for July 4014 to June 2015 based on 2013 income and they added up the income as mr Rob_TO said.
now they claiming two parts of the due money CCTB , NCBS for November 2014 to December 2014 of 708 $ then a prior due of 1636 $ with total 2345 $ for 7-2014 to 7-2015.
will this happen to the next two years too 2015-2016, 2016-2017?
Can this money be paid in installments?like monthly ? can I arrange when to start ?
they said also that the annual CCTB reduced from 4250$ to 3500$ is that means they will pay her money while we still paying them pack the due money ? or they won't give her any CCTB untill she pay back all the due money .

 

[abe83]

i can attach some of the papers sent

 

[Rob_TO]

sorry to open that again , we just don't understand a lot about this.

we got a respond from the CRA saying that we need to pay money back and the due for July 4014 to June 2015 based on 2013 income and they added up the income as mr Rob_TO said.
now they claiming two parts of the due money CCTB , NCBS for November 2014 to December 2014 of 708 $ then a prior due of 1636 $ with total 2345 $ for 7-2014 to 7-2015.
will this happen to the next two years too 2015-2016, 2016-2017?
Can this money be paid in installments?like monthly ? can I arrange when to start ?
they said also that the annual CCTB reduced from 4250$ to 3500$ is that means they will pay her money while we still paying them pack the due money ? or they won't give her any CCTB untill she pay back all the due money .

You really need to call CRA and ask them all this. They can arrange payment schedules at their discretion.
I'm not sure if you continue to receive CCTB while owing, again you can ask this to CRA. They may deduct what you owe from the future payments.