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READ ME. PENSION RULES UK to Canada

READ ME. PENSION RULES UK to Canada

Old Sep 2nd 2018, 4:06 pm
  #106  
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Default Re: READ ME. PENSION RULES UK to Canada

Originally Posted by lins and Stef McLachlan
I have tried to do this twice. I dont have a problem with posting it, but I have tried and failed twice. If you think it would be helpful to have it where everyone could access it, I agree. If you PM me I will send it to you via email and you can play around with it and post it on my behalf with the disclaimers as suggested. I have never given it to anyone as legal advice and have told them our story and suggested the way forward for people. Whether they choose to do something is entirely their decision. I am upset by John boy E’s comments and I do appreciate that he has been doing this for years as a job. That We got lucky and that it wasnt to be believed and your support of his stance in telling people of his experience in these matters making me feel that you are somehow calling me a liar. Sorry, but I dont do this to gain, just to help people to understand what has happened in our case. It is in writing for CRA, I have not made this up. As I have said before, the trolls and comments on this site are worrying at times, part of the reason I stopped posting for a long time. This matter I deemed important to get out there.

please send what you have written back to me for my final approval, is all I ask
stef
I have read this thread with interest as I have a pension currently held in the UK that pays a lump sum on retirement. I didn't pick up any hint that anyone was suggesting you were posting for any other reason than to help other people in the same position. That is the problem with things that get written, rather than spoken, its easy to misinterpret the spirit of the comment. Based on his, undoubted, extensive experience and knowledge, JonboyE believes that the CRA assessor made a mistake in your case which worked out in your favour, he may be correct, or he may not be but, for those of us following the thread the posts with the other side are as helpful (though not as encouraging) as yours have been. I didn't read his 'fill your boots' and 'you got lucky' comments to be in anyway meant as an insult but more congratulatory as having challenged the system and won.
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Old Sep 2nd 2018, 10:56 pm
  #107  
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Default Re: READ ME. PENSION RULES UK to Canada

Originally Posted by HGerchikov
I have read this thread with interest as I have a pension currently held in the UK that pays a lump sum on retirement. I didn't pick up any hint that anyone was suggesting you were posting for any other reason than to help other people in the same position. That is the problem with things that get written, rather than spoken, its easy to misinterpret the spirit of the comment. Based on his, undoubted, extensive experience and knowledge, JonboyE believes that the CRA assessor made a mistake in your case which worked out in your favour, he may be correct, or he may not be but, for those of us following the thread the posts with the other side are as helpful (though not as encouraging) as yours have been. I didn't read his 'fill your boots' and 'you got lucky' comments to be in anyway meant as an insult but more congratulatory as having challenged the system and won.
+1
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Old Sep 9th 2018, 8:39 pm
  #108  
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Default Re: READ ME. PENSION RULES UK to Canada

Originally Posted by bats
Thread resurrection

Did anyone appeal paying tax on the lump sum and if so any results??
I sent a letter to the tax office in Calgary September 2017 and another one in February 2018 asking to be reassessed , I haven't had a response
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Old Sep 9th 2018, 8:53 pm
  #109  
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Default Re: READ ME. PENSION RULES UK to Canada

Originally Posted by bielbs
I sent a letter to the tax office in Calgary September 2017 and another one in February 2018 asking to be reassessed , I haven't had a response
Unreal how the CRA have simply ignored your correspondence. If the boot was on the other foot.......
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Old Sep 9th 2018, 9:21 pm
  #110  
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Default Re: READ ME. PENSION RULES UK to Canada

Originally Posted by bielbs
I sent a letter to the tax office in Calgary September 2017 and another one in February 2018 asking to be reassessed , I haven't had a response

Our letter is now posted in part on the Wiki. I am not surprised that they havent got back to you. The wheels at CRA turn slowly when you are assessed as owing them......even slower if they think they may have to give anything back.

You may have to get a Lawyer. Try calling them to see if they have any record of your request for reassessment....is a starting point, I think.

Last edited by lins and Stef McLachlan; Sep 9th 2018 at 9:22 pm. Reason: typo
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Old Sep 27th 2018, 12:42 am
  #111  
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Default Re: READ ME. PENSION RULES UK to Canada

Hi
As i understand it

there is a CRA three year time limit to claiming back over paid taxes

so best be quick applying

cheers
jerry
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Old Sep 27th 2018, 3:36 am
  #112  
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Default Re: READ ME. PENSION RULES UK to Canada

Originally Posted by Hurlabrick
Stef has emailed me jpg's of the relevant portions of the CRA letter. I will updated the wiki as appropriate in the next few days when I get back from the current road trip!

Could you give a link to the wiki page(s) when you have done so please?


Many thanks
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Old Sep 27th 2018, 5:33 am
  #113  
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Default Re: READ ME. PENSION RULES UK to Canada

Would appreciate a link to the wiki info as well please.

Thanks
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Old Sep 27th 2018, 8:13 am
  #114  
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Default Re: READ ME. PENSION RULES UK to Canada

Originally Posted by DoeBird
Would appreciate a link to the wiki info as well please.

Thanks
The Wiki is above on the blue bar, there is also a link in my signature and a link in the 'Newbies Read Me' sticky thread (above). The Newbies thread would be well worth a read if you haven't done so already, will help you get used to the forum and how to use it.

HTH.
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Old Oct 6th 2018, 7:20 pm
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Default

Has anyone else had a positive response on this issue?

I would like a copy of this as well if possible. Thank you!

Last edited by christmasoompa; Oct 6th 2018 at 9:10 pm. Reason: Posts merged - there is an edit button if you think of something you want to add just after posting.
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Old Oct 6th 2018, 7:46 pm
  #116  
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Default Re: READ ME. PENSION RULES UK to Canada

Originally Posted by bielbs
I sent a letter to the tax office in Calgary September 2017 and another one in February 2018 asking to be reassessed , I haven't had a response
it took over two years for us to get a response and I should imagine that if there is any sniff that they will need to repay you any money, then it could be considerably longer. You could try resubmitting the tax form for that year minus the lump sum figure and send a copy of the act and section. See if you get any response. I have been told that you can refile up to 10 years, but Jonboy e will have more of an idea how that works. We tried to refile, but not until after the apoeal had been sent in and they wouldnt then let us.
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Old Oct 6th 2018, 7:48 pm
  #117  
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Default Re: READ ME. PENSION RULES UK to Canada

Originally Posted by hollyday
Has anyone else had a positive response on this issue?
PWC got back to me last week and the response was positive although to be certain my 25% would be excempt, they are carring out a detailed review to confirm in certainty.
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Old Oct 9th 2018, 5:43 pm
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Default Re: READ ME. PENSION RULES UK to Canada

I am watching this post with interest as we have a lump sum due in December. If we don't declare it, I assume there would be penalties until we prove that we are right not to?
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Old Oct 9th 2018, 6:03 pm
  #119  
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Default Re: READ ME. PENSION RULES UK to Canada

Originally Posted by WasinVancouver
I am watching this post with interest as we have a lump sum due in December. If we don't declare it, I assume there would be penalties until we prove that we are right not to?
The only way CRA would find out about it is if a) you told them and b) if HMRC UK told them.

A) if it is up to 25% Tax Free Lump Sum you dont have to declare it at all. In fact if you do, you will get a huge bill and give yourself a heart attack in the process. The act is clear about it being tax free in Canada.

B) I did contact HMRC who had no record of the lump sum because it was not subject to tax, being up to 25% tax free. So they would not be passing on any information to CRA.

Save yourself som grief and simply enjoy it. After all CRA do get 13% tax on everything you spend it on in Canada, so they dont dip out.

As an insurance Policy be sure to get a letter from your Pension Provider to keep safely tucked away in case you ever get asked about it. You might also want to make a note of the oart of my letter that explaings the Act and Section.

Your monthly pension will be taxable in Canada as Worldwide Income and should be declared, but thats not easy in itself when UK runs March to April and Canada December to December.

Hope this helps
Stef
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Old Oct 9th 2018, 6:25 pm
  #120  
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Default Re: READ ME. PENSION RULES UK to Canada

Originally Posted by WasinVancouver
I am watching this post with interest as we have a lump sum due in December. If we don't declare it, I assume there would be penalties until we prove that we are right not to?
I crystallized my pension early July and have deferred my 25% lump sum until I get certainty from PWC. I have been advised by my pension administrators, I have a year after the crystallization event to take the lump sum. If after a year, you lose the benefit.
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