Super Visa and Tax Issues
Mar 5th 2015, 4:22 pm
#31
Listen to the Music
Thread Starter
Joined: Mar 2013
Location: Fraser Valley BC
Posts: 4,714
Re: Super Visa and Tax Issues
Hi Jerseygirl,
Many thanks for the comments from Mr JG, it could almost be myself writing the note.
Like Mr JG, we have also consulted a tax professional, in her case an owner of a franchise, so had access to a number of other tax advisers and consulted them when, as expected, she literally held her head in her hands when the issue was described to her.
The result of her colleagues' deliberations was that CRA would refuse to issue an ITN without just cause and that tax should be filed on paper without any tax reference number but including a completed T1261.
On the subject of Visitor vs Temporary Resident Status, our Visitor Records clearly state that we are Visitors. After our frequent trips to the US we have often been asked what our status is and we have replied Visitor without issue. One visit to CBSA at Aldergrove confirmed that we are considered Visitors and when we queried this with a definition that Visitors were people who stayed for a maximum of 6 months we were told that CBSA could assign any length of stay to 'Visitors'.
So filing will take place this year...
Read on...
Many thanks for the comments from Mr JG, it could almost be myself writing the note.
Like Mr JG, we have also consulted a tax professional, in her case an owner of a franchise, so had access to a number of other tax advisers and consulted them when, as expected, she literally held her head in her hands when the issue was described to her.
The result of her colleagues' deliberations was that CRA would refuse to issue an ITN without just cause and that tax should be filed on paper without any tax reference number but including a completed T1261.
On the subject of Visitor vs Temporary Resident Status, our Visitor Records clearly state that we are Visitors. After our frequent trips to the US we have often been asked what our status is and we have replied Visitor without issue. One visit to CBSA at Aldergrove confirmed that we are considered Visitors and when we queried this with a definition that Visitors were people who stayed for a maximum of 6 months we were told that CBSA could assign any length of stay to 'Visitors'.
So filing will take place this year...
Read on...
Mar 21st 2015, 9:28 pm
#32
SUPER MODERATOR
Joined: Dec 2005
Posts: 88,021
Re: Super Visa and Tax Issues
Dave...today we have received the same letter as you from CRA saying we do not meet the criteria for an ITN number. We have a Canadian accountant who is preparing our US and Canadian tax returns. We are dual UK/US citizens and thus have to file US taxes no matter where we live.
Apr 14th 2015, 4:27 pm
#33
Listen to the Music
Thread Starter
Joined: Mar 2013
Location: Fraser Valley BC
Posts: 4,714
Re: Super Visa and Tax Issues
Update:
After a tortuous and sometimes frustrating journey, the situation we find ourselves in is as follows.
Like a number of other supervisa holders we were initially allowed to remain in Canada for two years and currently have been here for 16 months. During this time we have purchased a house and car etc and we brought over our household goods.
CRA concluded, when responding to our completed NR74 request for a statement of our tax status that we had established sufficient residency to require us to file for taxes within Canada. I expect that this will also apply to many others.
We arrived in December 2013 and as such CRA required us to file for 2013 and 2014. Readers holding supervisas should note that filing within Canada will also initially require completion of T1261 applications for temporary tax numbers. In addition, CRA will also require completion of T1135, although this can be done in the second tax year. I believe that completion of the T1135, a declaration of funds held outside Canada, is mandatory and may incur penalties if not completed.
So, we have now filed for 2013 and 2014 and submitted these on paper together with completed copies of T1261 to request tax numbers and completed copies of T1135, all in the same package addressed to the CRA International Tax Office. We are advised that CRA will take months to deliberate on this.
We will advise if and when we receive any reply.
Good luck to others in this position.
After a tortuous and sometimes frustrating journey, the situation we find ourselves in is as follows.
Like a number of other supervisa holders we were initially allowed to remain in Canada for two years and currently have been here for 16 months. During this time we have purchased a house and car etc and we brought over our household goods.
CRA concluded, when responding to our completed NR74 request for a statement of our tax status that we had established sufficient residency to require us to file for taxes within Canada. I expect that this will also apply to many others.
We arrived in December 2013 and as such CRA required us to file for 2013 and 2014. Readers holding supervisas should note that filing within Canada will also initially require completion of T1261 applications for temporary tax numbers. In addition, CRA will also require completion of T1135, although this can be done in the second tax year. I believe that completion of the T1135, a declaration of funds held outside Canada, is mandatory and may incur penalties if not completed.
So, we have now filed for 2013 and 2014 and submitted these on paper together with completed copies of T1261 to request tax numbers and completed copies of T1135, all in the same package addressed to the CRA International Tax Office. We are advised that CRA will take months to deliberate on this.
We will advise if and when we receive any reply.
Good luck to others in this position.
Apr 14th 2015, 4:43 pm
#34
SUPER MODERATOR
Joined: Dec 2005
Posts: 88,021
Re: Super Visa and Tax Issues
Update:
After a tortuous and sometimes frustrating journey, the situation we find ourselves in is as follows.
Like a number of other supervisa holders we were initially allowed to remain in Canada for two years and currently have been here for 16 months. During this time we have purchased a house and car etc and we brought over our household goods.
CRA concluded, when responding to our completed NR74 request for a statement of our tax status that we had established sufficient residency to require us to file for taxes within Canada. I expect that this will also apply to many others.
We arrived in December 2013 and as such CRA required us to file for 2013 and 2014. Readers holding supervisas should note that filing within Canada will also initially require completion of T1261 applications for temporary tax numbers. In addition, CRA will also require completion of T1135, although this can be done in the second tax year. I believe that completion of the T1135, a declaration of funds held outside Canada, is mandatory and may incur penalties if not completed.
So, we have now filed for 2013 and 2014 and submitted these on paper together with completed copies of T1261 to request tax numbers and completed copies of T1135, all in the same package addressed to the CRA International Tax Office. We are advised that CRA will take months to deliberate on this.
We will advise if and when we receive any reply.
Good luck to others in this position.
After a tortuous and sometimes frustrating journey, the situation we find ourselves in is as follows.
Like a number of other supervisa holders we were initially allowed to remain in Canada for two years and currently have been here for 16 months. During this time we have purchased a house and car etc and we brought over our household goods.
CRA concluded, when responding to our completed NR74 request for a statement of our tax status that we had established sufficient residency to require us to file for taxes within Canada. I expect that this will also apply to many others.
We arrived in December 2013 and as such CRA required us to file for 2013 and 2014. Readers holding supervisas should note that filing within Canada will also initially require completion of T1261 applications for temporary tax numbers. In addition, CRA will also require completion of T1135, although this can be done in the second tax year. I believe that completion of the T1135, a declaration of funds held outside Canada, is mandatory and may incur penalties if not completed.
So, we have now filed for 2013 and 2014 and submitted these on paper together with completed copies of T1261 to request tax numbers and completed copies of T1135, all in the same package addressed to the CRA International Tax Office. We are advised that CRA will take months to deliberate on this.
We will advise if and when we receive any reply.
Good luck to others in this position.
Apr 15th 2015, 10:41 pm
#35
Grumpy Know-it-all
Joined: Jul 2010
Location: Calgary, Alberta
Posts: 8,928
Re: Super Visa and Tax Issues
Various horror stories on here and in the press about people who failed to file it. On two separate occasions now, the CRA have lost my T1135 in internal mail.
