Filing Canadian taxes.

Brandon · Post by **Brandon** » Thu Mar 07, 2013 7:10 pm

Hello,

I am a landed immigrant since 2004. I got a job in the US and lived there from 2006 â€“ 2010 under H1B visa.

I filed taxes in the US when I was working there (2006-2010) but did not file Canadian taxes.

When I left Canada:
Never taken any benefits (child benefits, etc), still have OHIP, but never used it , never owned a property, no credit card, but still have 1 bank account (with small amount of money, less than $800), and still have Driverâ€™s License, but never used it.

I moved back to Canada on Dec 2011 and I filed Canadian Taxes on April 2012, claimed 0 incomes for 2011.

I just got a letter from CRA, required to file my taxes 2009 â€“ 2010.

I did not fill the form as non-resident when I left Canada, as I was not aware about all the taxes until I moved back here.

What option do I have here?

Can I claim 0 incomes for 2009-2010 to CRA?

If I declare my US income for 2009-2010, will this lead CRA to ask more questions.
What is the recommendation?

Note : I am working now in Canada and I will file my income tax for 2012.

Any input will be appreciated. Thank you !!

JGCA · Post by **JGCA** » Thu Mar 07, 2013 8:12 pm

When you left Canada in 2004 you were suppose to file a departure return stating the date you left. Since you failed to do that they assume you still resided in Canada. I would file the 2009 and 2010 return as a NON RESIDENT showing that you were not in Canada, I would also send them a letter saying you lived in the US so you were not a resident in 2009 or 2010 as a reply to their demand first then if they ask for the T1 to be filed file a non resident nil return.

nelsona · Post by **nelsona** » Fri Mar 08, 2013 7:39 am

I would send the letter first. Only file if they subsequently request it. There is no point filing a NR return until they believe you are NR, which would be by your letter.

JGCA · Post by **JGCA** » Sat Mar 09, 2013 2:19 pm

A possible reason why the CRA has asked for the previous 2 years taxes to be filed is I am guessing since you put zero income in 2011 you claimed the GST credit. THe CRA will need to know since you did not file the previous years the income you had from all sources to determine eligibility for the GST.