Physically presence time

[akhil5293]

Hi guys! I was in Canada on a valid temporary resident status from 2014-2016 but I was not working and has no income during that time. Can I still be able to claim that towards my physical presence, please guide if anybody did it and how about the tax for those years ?

 

[21Goose]

Yes, you can claim half a day for each day of presence on valid status in the previous five years, up to a maximum of one year.

You don't need to have been working, you just need to be physically in Canada on legal status. The physical presence calculator will tell you how to enter these days.

 

[akhil5293]

Yes, you can claim half a day for each day of presence on valid status in the previous five years, up to a maximum of one year.

You don't need to have been working, you just need to be physically in Canada on legal status. The physical presence calculator will tell you how to enter these days.

What about the income tax filing, it says you need to file 3 out of 5 years but mine is only two years

 

[21Goose]

What about the income tax filing, it says you need to file 3 out of 5 years but mine is only two years

It says 3 out of 5, if you need to.

If you weren't eligible to file taxes, that's OK. If you were supposed to file taxes, but you didn't, that's a problem.

Did you stay in Canada for 2 years straight without leaving?

 

[akhil5293]

Yes I was in Canada for those years few month on the implied status too, does that count as well ?

 

[21Goose]

Yes I was in Canada for those years few month on the implied status too, does that count as well ?

Counts for the purpose of physical presence, since you were in legal status. I'm not sure about the tax returns though. If you stayed for more than 183 days, you might have been required to file taxes as you may be a deemed resident.

Go read this - https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/individuals-leaving-entering-canada-non-residents/deemed-residents.html

And if you think you were a deemed resident, you might want to talk to an account/tax advisor about filing taxes for that year. I don't know enough about Canadian tax law.