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Permanent resident status with regard to tax purposes

sabril

Member
Jul 15, 2008
12
0
Hello,

I used to live in Canada since 2006 to 2007 as a international postgrad. student. I left Cananada na continue to live in my country of origin.
I obrained a Permanent resident status in July 2008, but I lived in my country of origin until May 2011. So, in 2011 I established my recidential ties. I contacted several times with International service of the CRA, every time they advised me that I became permanent resident with regards to tax purposes in May 2011, but the CRA in St. John's sent me again a notification that I am not tax eligible until July 2008! I thought that they not believe me that I was not living in Canada almost three years and I send them a copy of my passport, and air tickets three months ago, but they did not answer me. I did not have any property in Canada until 2011. I only had a bank account which I used in 2006 and I did not close it, but there was no any transaction 3.5 years, and amount was $0.00
I am afraid that they will consider me as Canadian permanent resident who lived and worked outside of Canada. I am sure that I will be able to resolve this issue, because I have a number of evidences that I did not live in Canada and that I lived in my home country, but I am afraid that I will need to take a lawyer, because my communication with them, both writing letters and phone conversation seems to be useles.
If anybody has similar experience or some good idea what I could do, I would very appreciate it.
 

Alabaman

Hero Member
Apr 24, 2009
608
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Edmonton
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What do you mean by "I am not tax eligible until July 2008" ?

Anyways, this is what I would do - File tax zero income returns for 2008, 2009 and 2010. Just print out T1 forms for those years and fill in zero for everything and send to CRA.
 

sabril

Member
Jul 15, 2008
12
0
Thank you for answer.
The CRA sent me a report stated that I was not tax eligible since he end 2007 until July 2008 (at that time I became permanent resident of Canada). But when I entered Canada in 2008, I stayed only 2 weeks and until July 2011 I did not enter Canada. I phoned the international service of the CRA and they advised me that I became a resident of Canada with regards to tax purposes in 2011 when I settled permanently in Canada and that I need to report taxes in 2012. I don't know if I need report taxes for years when I did not have any residential ties in Canada (2008, 2009, and 2010)? Please advise me.
Confusing thing in CRA St. Johns was statement that I was tax ineligible until 2008. How to prove them that I was outside of Canada since the time of becoming permanent resident of Canada until July 2011.

Thanks!
 

Jonboy

Star Member
Sep 10, 2010
97
7
White Rock, BC
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Don't file tax returns for 2008-2010 unless you had some Canadian sourced income. In that case you would file non-resident returns. If you filed resident tax returns for those years showing zero income you are making things worse for yourself: you are stating you were tax resident when you were not, and you are declaring zero income whn you must have had some.

I would file a T1 general (resident tax return) for 2011 showing the date you becamse resident as in May 2011. Send this direct to the International Tax Services Office in Ottawa. Keep lots of proof of the fact you were non-resident in those years in case they question this.