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SCORPION Nov 14th 2008 1:59 pm

Filing taxes
 
I landed in mar 2007 but only stayed a few days...

I found out yesterday that i should have filed taxes... non resident at least.

Does anyone know what the penalties for late filing are?

Auld Yin Nov 14th 2008 3:06 pm

Re: Filing taxes
 
Do you have a Canadian Social Insurance Number? If you stayed only a few days,did you come under the Immigration process? Did you have any earnings during that period? You say you were a non-resident. As such I cannot believe you would be required to file a tax return unless you made a large amount of money during the few days and had entered the country under the Immigration process. Under Canadian Tax Laws, if you are a resident, any income from any source in the world is to be reported.

SCORPION Nov 14th 2008 3:13 pm

Re: Filing taxes
 

Originally Posted by brianscottie43 (Post 6974819)
Do you have a Canadian Social Insurance Number? If you stayed only a few days,did you come under the Immigration process? Did you have any earnings during that period? You say you were a non-resident. As such I cannot believe you would be required to file a tax return unless you made a large amount of money during the few days and had entered the country under the Immigration process. Under Canadian Tax Laws, if you are a resident, any income from any source in the world is to be reported.

many thanks for the response. I landed as a permanent reside
but, did not earn any money... I found the tax return for non-residents last night on the internet and from what i understood, one must file... i might have got my undergarments in a twist but that was what i understood.

we are due to return permanently and whilst filling some other forms, they all ask for the amounts filed in the tax return... this is what prompted this dilemma in the first place

Judy in Calgary Nov 14th 2008 3:29 pm

Re: Filing taxes
 
SCORPION, I agree with brianscottie43 that it is very unlikely that you were supposed to submit an income tax return for the 2007 tax year.

In most circumstances you would have had to do that only if you'd been a tax resident of Canada. Landing and activating your permanent resident status does not, in and of itself, make you a tax resident of Canada.

Here is Canada Revenue Taxation's web page about non-residents of Canada. Note that they use the term in the taxation sense, not in the immigration sense.

That page states:
Your tax obligations

As a non-resident of Canada, you pay tax on income you receive from sources in Canada. The type of tax you pay and the requirement to file an income tax return depend on the type of income you receive.
Further on it states:
Filing your income tax return

You must file a tax return if you:
  • owe tax for the year; or
  • want to receive a refund because you paid too much tax in the tax year.
It sounds to me as if you didn't have income from Canadian sources in 2007, and you weren't a tax resident of Canada because you spent only a few days in the country that year, so it's my view that you were under no obligation to file a Canadian income tax return (even a non-resident income tax return) for 2007.
x


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SCORPION Nov 14th 2008 3:32 pm

Re: Filing taxes
 
many thanks for your response.


So is it okay to put $0 in the boxes about filed taxes. also the info on these forms will be verified by CRA, so i just want to be sure

Judy in Calgary Nov 14th 2008 3:38 pm

Re: Filing taxes
 

Originally Posted by SCORPION (Post 6974852)
So is it okay to put $0 in the boxes about filed taxes. also the info on these forms will be verified by CRA, so i just want to be sure

It would help to know which forms you're completing. It's difficult to answer a question if one doesn't know what the form says.

In general, I do not believe that $0 would be the correct answer. To me it implies that you completed a tax return and reported an income of $0. But in fact you didn't submit a tax return.

So, to my mind, No or Not Applicable would be the correct answer. But, again, I don't know which forms you're completing, and I cannot see what the options on those forms are.
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triumphguy Nov 14th 2008 3:39 pm

Re: Filing taxes
 
Unless you made more than your personal exemption (aound 9-10,000), and you had no oither tax credits or write-offs then you won't have to pay taxes. Therefore there will be no penalty.

The penalty is on taxes owing.

You have a right in Canada to pay the least amount of taxes legally possible.

It's OK to put zero income if that is the case.

SCORPION Nov 14th 2008 3:43 pm

Re: Filing taxes
 

Originally Posted by Judy in Calgary (Post 6974855)
It would help to know which forms you're completing. It's difficult to answer a question if one doesn't know what the form says.

In general, I do not believe that $0 would be the correct answer. To me it implies that you completed a tax return and reported an income of $0. But in fact you didn't submit a tax return.

So, to my mind, No or Not Applicable would be the correct answer. But, again, I don't know which forms you're completing, and I cannot see what the options on those forms are.
x

Judy,

they are OSAP and Canada Child tax Benefits. Is it okay to waive any rights to backdated CCTB as I have been out of the country... I am just trying to keep things as simple as possible

Once again, many thanks for your help

SCORPION Nov 14th 2008 3:44 pm

Re: Filing taxes
 

Originally Posted by triumphguy (Post 6974857)
Unless you made more than your personal exemption (aound 9-10,000), and you had no oither tax credits or write-offs then you won't have to pay taxes. Therefore there will be no penalty.

The penalty is on taxes owing.

You have a right in Canada to pay the least amount of taxes legally possible.

It's OK to put zero income if that is the case.

Many thanks ...

Kind regards

Judy in Calgary Nov 14th 2008 4:15 pm

Re: Filing taxes
 

Originally Posted by SCORPION (Post 6974865)
they are OSAP

I still don't know which form you're completing.

I looked for your previous posts to see if they would shed any light on the matter. I found OSAP student loan.

So I am guessing, but don't know for sure, that in 2007 you received a loan from Ontario Student Assistance Program, went overseas to study, have now returned to Canada, and have to complete a form regarding the repayment of your student loan.

But I'm only guessing and, even if my hunch is correct, I'm still not looking at the form you're looking at, and I can't see what that form says. I'm on Vancouver Island and perhaps you're in Ontario, and we're probably three time zones apart from each other, and I cannot see that far.

At this point I just do not know enough about your situation to help you, and we've probably drifted into a topic that I know nothing about. But, for the benefit of someone who was qualified to assist you, it really would help if you would tell them the whole story.


and Canada Child tax Benefits. Is it okay to waive any rights to backdated CCTB as I have been out of the country
Yes, it's okay. You in any case were not eligible for CCTB while you were out of the country.
x

SCORPION Nov 14th 2008 10:01 pm

Re: Filing taxes
 

Originally Posted by Judy in Calgary (Post 6974876)
I still don't know which form you're completing.

I looked for your previous posts to see if they would shed any light on the matter. I found OSAP student loan.

So I am guessing, but don't know for sure, that in 2007 you received a loan from Ontario Student Assistance Program, went overseas to study, have now returned to Canada, and have to complete a form regarding the repayment of your student loan.

But I'm only guessing and, even if my hunch is correct, I'm still not looking at the form you're looking at, and I can't see what that form says. I'm on Vancouver Island and perhaps you're in Ontario, and we're probably three time zones apart from each other, and I cannot see that far.

At this point I just do not know enough about your situation to help you, and we've probably drifted into a topic that I know nothing about. But, for the benefit of someone who was qualified to assist you, it really would help if you would tell them the whole story.

Yes, it's okay. You in any case were not eligible for CCTB while you were out of the country.
x

Judy,

I am applying to OSAP to start a course in Jan '09 at UofToronto.... I read my previous post... I declined the offer to study in the UK... I applied to UofT instead... hence why I have to complete the forms...

thanks for confirming the CCTB status.

Judy in Calgary Nov 15th 2008 4:23 am

Re: Filing taxes
 

Originally Posted by SCORPION (Post 6975383)
I am applying to OSAP to start a course in Jan '09 at UofToronto.... I read my previous post... I declined the offer to study in the UK... I applied to UofT instead... hence why I have to complete the forms...

Thanks for the clarification. It helps.

Because I still didn't know exactly what questions OSAP was asking you, I went to their website with the intention of seeing their application forms. However, I found that I was unable to view an entire application at once. The website asked me to register and to fill in all kinds of information about myself (name, SIN, date of birth, address, details of previous studies, etc.) before it allowed me to progress to the part of the application in which I was interested. I didn't feel like going through the hassle of creating a fictitious persona to that level of detail, so I never did see the questions about the applicant's financial situation.

I am guessing, but don't know for sure, that OSAP is asking about your income from all sources, not just Canadian sources. For example, you might have had a savings account somewhere in the world that paid you the equivalent of a few dollars in interest. I would guess that that income would be reportable on the OSAP application form.

Without having seen the application form but having read a bit of the background blurb on their website, I gather that OSAP also would be interested in family income (e.g., a spouse's income). However, I am guessing that your spouse's income might be reportable on a separate line from your income. (In my hasty reading of some of your previous posts, I saw something that suggested to me that you were married.)

But everything I've said about OSAP is speculation, because I don't know.

Canada Revenue Agency is another matter. I provided my early response to you in the context of Canadian tax obligations, and I'm sure brianscottie43 and triumphguy did too.

I stand by what I said earlier. If you were not a tax resident of Canada and if you did not earn income from Canadian sources in 2007, you were not obliged to file a Canadian income tax return for 2007.

Sorry I can't help with the OSAP side of things.
x

JonboyE Nov 15th 2008 4:48 am

Re: Filing taxes
 
You only HAVE to file a general tax return for 2007 if you were resident for tax purposes in the year AND owe tax. It seems extremely unlikely that you were tax resident in Canada in 2007.

You only HAVE to file a non-resident tax return for 2007 if you have Canadian source income AND owe tax.

You can choose to file a return for several reasons and, as mentioned above, if you don't owe tax there is no penalty. If you are applying for benefits in 2008 it is probably a good idea to file a zero return for you and your OH for 2007 to get yourselves into the Canada Revenue Agency's system. You'll need your Social Insurance Numbers. If you do have them yet you should apply for temporary taxpayer's numbers.

CCTB is only for people who are tax resident in Canada. You should apply as soon as you move here. On the application form (well, the accompanying schedule) you need to report your world-wide income, converted to Canadian Dollars for the preceding two years plus current year.

I don't know about the other form you are completing. If you want to post a link I'll have a look at it and give you my interpretation.

triumphguy Nov 15th 2008 10:26 am

Re: Filing taxes
 
If you are a resident for a tax year it might be a good idea to file a tax return, even though you have no income. It puts you on the books so to speak, and according to my accountant may help to start build your credit history (even though taxes and credit are not related - don't ask me how one helps the other, I'm not my accountant).

SCORPION Nov 15th 2008 11:23 am

Re: Filing taxes
 
Many thanks to all of you for taking time out to help... your input is greatly appreciated.

I will file a non-resident tax return for 2007 to get on the system... it will certainly help with the osap verification with CRA...

I will certainly miss the UK tax system... roll on the paperwork


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