Request to file

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temp123
Posts: 3
Joined: Wed Mar 07, 2007 11:33 pm

Request to file

Post by temp123 »

What do you do if you receive request to file income tax in Canada while a US resident with no ties?

My spouse filed CAD tax for 2004. After we were married she moved down to the US. I was US resident for all of 2004 and had no Canadian income.

Should I file NR73 with my tax return with no income for 2004? Or attach a letter explaining I never lived in the US with my spouse in Canada? Or just file the return with no income and no attachments?
Carson
Posts: 183
Joined: Wed Oct 27, 2004 1:00 pm
Location: Toronto

Post by Carson »

Write them a letter explaining why you are not required to file a return. Do not send in the NR73 voluntarily!
nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

I think CRA is saying that he IS required to file, based on wife. Did she make some claim (GST, CCTB, spouasal exemption) based on your '0' income?

You would need to indicate in the letter that you are a "deemed non-resident". They *may* buy that.

Otherwise you would need to file, reporting all world income and exclude the US income in line 256. DO NOT file a blank return as this would be false.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
temp123
Posts: 3
Joined: Wed Mar 07, 2007 11:33 pm

line 256?

Post by temp123 »

What line do you declare world income as a non-resident? 104? No T4s.

And then you deduct the income in line 256?

>Did she make some claim (GST, CCTB, spouasal exemption) based on your '0' income?

No. But just to make sure what is CCTB?
temp123
Posts: 3
Joined: Wed Mar 07, 2007 11:33 pm

deemed

Post by temp123 »

Hi Nelson,

Isn't the foreign income line 256 deduction only for people declared deemed resident. Request to file did not mention residency status. Was not declared deemed resident.

By blank return, do you mean a return with 0 on line 150 OR one not filled out at all? If you are still deemed non-resident, wouldn't this be the correct way to file with 0 on all lines for income(if you had no Canadian souce income) and non-resident checked on the front page?
nelsona
Posts: 18681
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

You've been told twice to send a letter. Why are you asking about returns.

Line 256 is for deemed non-residents. Deemed residents don't get to exclude anything.

You have not been declared non-resident (thus the request to file), so you should not be using the non-resident return.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
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