Tax question for Johnboye
#1
Thread Starter
Forum Regular


Joined: Jul 2010
Posts: 68











I have a property in the UK that my children live in. No income is made from this property and it is still in my name. I know i have to declare it every year to the tax people but im not sure what form I need to fill out.
The T1135 seems to expect an income, as does the T1135e
Is it classed as personal property and therefore I dont need to say anything? sorry to sound foolish but im getting confused and I really dont want to get it wrong.
The T1135 seems to expect an income, as does the T1135e
Is it classed as personal property and therefore I dont need to say anything? sorry to sound foolish but im getting confused and I really dont want to get it wrong.
#2
Binned by Muderators










Joined: Jul 2007
Posts: 11,708
From: White Rock BC











Personal use property is defined in section 54 of the Income Tax Act:
“personal-use property†of a taxpayer includes
(a) property owned by the taxpayer that is used primarily for the personal use or enjoyment of the taxpayer or for the personal use or enjoyment of one or more individuals each of whom is
(i) the taxpayer,
(ii) a person related to the taxpayer, or
(iii) where the taxpayer is a trust, a beneficiary under the trust or any person related to the beneficiary, ...
My bolding, but (a)(ii) seems to cover it. Therefore you don't need to report this on a T1135, or anywhere else AFAIK
“personal-use property†of a taxpayer includes
(a) property owned by the taxpayer that is used primarily for the personal use or enjoyment of the taxpayer or for the personal use or enjoyment of one or more individuals each of whom is
(i) the taxpayer,
(ii) a person related to the taxpayer, or
(iii) where the taxpayer is a trust, a beneficiary under the trust or any person related to the beneficiary, ...
My bolding, but (a)(ii) seems to cover it. Therefore you don't need to report this on a T1135, or anywhere else AFAIK
#3
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Joined: Jul 2010
Posts: 68











Thank you very much Johnboye :-)
#4
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After receiving a notice from the tax people asking me to fill out a T1135 I just spoke with the CRA and they say I have to declare any income I get from this house, even though it doenst come into Canada and the house is lived in by my children, apparently the fact that the children pay the bills via my UK bank account would give me an income that i must declare :-(
#5
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Joined: Jul 2007
Posts: 11,708
From: White Rock BC











You might want to look at this link http://www.cra-arc.gc.ca/tx/nnrsdnts...fq-eng.html#h7 See Q.32, especially example c).
I don't see any reasonable expectation of profit that would make the property specified foreign property.
I don't see any reasonable expectation of profit that would make the property specified foreign property.
#6
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Forum Regular


Joined: Jul 2010
Posts: 68











Thank you for that JonboyE, i will be using that as my argument when the tax office phones me back in the next few days.....ha ha I get passed round the system 3 or 4 times only to find the person i need to speak to isnt there, no different to the UK then really is it.
Anyway hopefully they will agree its a personal property and leave me alone, fingers crossed :-)
Anyway hopefully they will agree its a personal property and leave me alone, fingers crossed :-)
#7
Andrew





Joined: May 2012
Posts: 767











Hi,
If I became tax resident in Sep 2013, by what date do I have to submit the T1135?
Thanks
Andrew
If I became tax resident in Sep 2013, by what date do I have to submit the T1135?
Thanks
Andrew
#8
JonBoyE will correct me If I'm wrong but I think Individuals who immigrate to Canada are not required to file Form T1135 in the taxation year in which they first become Canadian tax residents (unless they were previously Canadian tax residents)
#9
Andrew





Joined: May 2012
Posts: 767











Regards Andrew
#10
I assume you will submit it for the Tax Year 2014 ie on or before April 30th 2015.




