Tax requirement for sponsor

[mn096104]

Hi guys,
Many thanks to your attention. My husband and I are preparing the out landing sponsored spouse immigration. About sponsor requirement is paying tax mandatory? Does it have any influence on our application? In my husband case as he has been working for many years but has never paid any tax before, so apart from writing a explain letter about his time in China for the past two years, is it still better for him to pay tax for the past years? How many years would be helpful for our application?

 

[mikeymyke]

Wow that's really bad. If he's been working for many years but not pay tax, that means he's committing tax evasion, which is extremely illegal and can land him some serious jail time. He cannot sponsor if he's in prison.

 

[mn096104]

I'm not sure about canadian tax law, my husband is a canadian citizen, lives in BC, canada

 

[mikeymyke]

I'm not sure about canadian tax law, my husband is a canadian citizen, lives in BC, canada

Yes, as a Canadian, he is supposed to declare all money he's earning, whether its a cash job, or from an employer. What he's doing is breaking the law, many years over, and if the government finds out, he can go to jail, then he won't be able to sponsor you.

 

[jenny12345]

File the taxes. Make sure you get the notice of assessment (option C printout) when you submit the application

 

[mn096104]

File the taxes. Make sure you get the notice of assessment (option C printout) when you submit the application

My husband doesn't have much asset or house, so we plan to file out some of the previous years and pay for current year.
We are wondering how many years would be good enough for our application?

 

[echo_00]

Hi guys,
Many thanks to your attention. My husband and I are preparing the out landing sponsored spouse immigration. About sponsor requirement is paying tax mandatory? Does it have any influence on our application? In my husband case as he has been working for many years but has never paid any tax before, so apart from writing a explain letter about his time in China for the past two years, is it still better for him to pay tax for the past years? How many years would be helpful for our application?

I think as long as your husband files tax every year, no problem..., my husband owe lots of money when he was sponsoring me, until now he still owe money from gov't but no problem sponsoring me

 

[mn096104]

I think as long as your husband files tax every year, no problem..., my husband owe lots of money when he was sponsoring me, until now he still owe money from gov't but no problem sponsoring me

wow that's a very encouraging news, thanks. Anyone else has any experience and idea about the topic? Please kindly help us. Many thanks

 

[wowsers]

I would not do anything at all until your husband has consulted an accountant or tax lawyer. You are unlikely to get good advice by asking a question in general terms on this forum and without knowing whether the members who answer your question have the necessary knowledge and experience to answer it. Tax law is complicated and the answer to your question depends on detailed facts which you have not given. I live in the UK and cannot give you any advice concerning the likely outcome of your revelations to the Canadian tax authorities However if you were asking about UK tax law, which you are not, I would give you the same advice (to consult an expert) but point out that if a person is outside the jurisdiction (in your husband's case China for at least 2 years) for (as I recollect) longer than 6 months he is not taxed on those earnings in the UK; also that as I recollect liability for UK tax depends on being domiciled or ordinarily resident within the UK for the tax year in question. Also some low earners in the UK are not required to file a tax return at all. Canadian tax law may or may not be the same but there is at least a chance that there are similar principles in Canada. So your husband would be very unwise to stick out his neck, risk a criminal conviction and scupper his chances to sponsor you, without first taking competent advice.

 

[mn096104]

I would not do anything at all until your husband has consulted an accountant or tax lawyer. You are unlikely to get good advice by asking a question in general terms on this forum and without knowing whether the members who answer your question have the necessary knowledge and experience to answer it. Tax law is complicated and the answer to your question depends on detailed facts which you have not given. I live in the UK and cannot give you any advice concerning the likely outcome of your revelations to the Canadian tax authorities However if you were asking about UK tax law, which you are not, I would give you the same advice (to consult an expert) but point out that if a person is outside the jurisdiction (in your husband's case China for at least 2 years) for (as I recollect) longer than 6 months he is not taxed on those earnings in the UK; also that as I recollect liability for UK tax depends on being domiciled or ordinarily resident within the UK for the tax year in question. Also some low earners in the UK are not required to file a tax return at all. Canadian tax law may or may not be the same but there is at least a chance that there are similar principles in Canada. So your husband would be very unwise to stick out his neck, risk a criminal conviction and scupper his chances to sponsor you, without first taking competent advice.

Thank you wowsers for your great advice, my husband and I plan to apply next year March, as my job requires me to stay in beijing for the following year, so we are not in a rush. He spent the past two years in China with a F visa and just came back to Canada, currently he is looking for jobs, and we plan to fill taxes after he gets a new job then we can start on the sponsorship application.
The reason why I'm asking for people's advice here is in the hope that someone who has the experience or facing the same issue as us, I find this forum is very helpful, so sharing any info here might help us have a better clue : )

 

[bartjones]

I agree with the previous poster. Your best strategy would be to consult an experienced tax accountant. For the past two years he may not be obliged to pay tax based on his non-residency. Determining residency for tax purposes is a very tricky issue under Canadian tax law. You will want to consult with an expert before filing anything.

 

[CharlieD10]

I agree with previous posters on getting expert advice from a tax professional. This is what CRA says on their website:

Residency - Individuals
Under Canada's tax system, your liability for income tax in Canada is based on your status as a resident or non-resident of Canada. Your residence status must be established before your tax liability to Canada can be determined.

A determination of residence status can only be made after all the factors have been considered. Your circumstances have to be reviewed in their entirety to get an accurate picture of your residence status.

So, have your husband talk to a qualified tax accountant.