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Filed: Timeline
Posted

Hi Everyone, I'm new to this forum. I have a bit of an interesting situation. I am a US citizen, and lived in Canada on a temporary work assignment (for a US employer) during 2009 and for the first 9 days of 2010. I filed tax returns for both of those years and fulfilled my tax obligations in both years. I have not resided in Canada since January 2010 and do not maintain a home there. My work visa actually expired in January 2010 and was not renewed.

I received a T1 packet in January of 2012 to file a 2011 tax return. I did not believe that I needed to file and called the international tax office of the CRA and was told that it was automatically sent to me because I had filed in the past and that if I did not live in Canada then I would not need to file. I did not file a 2011 return and received a letter from the CRA today telling me that I need to file a 2011 tax return.

I've been doing some reading online about "deemed residency" and am now concerned that the CRA may be wrongly deeming me a resident? I had no home in Canada, though I did leave one bank account open until January 2011 to cover incidental expenses (I had an electric bill that I forgot to pay when I moved). I only kept a couple hundred dollars in that account, and the only transaction on that account during that time was to pay the electric bill. The account has since been closed. My understanding is that is not enough to be deemed a resident but now I am confused and concerned.

My tax returns were professionally prepared in 2009-2010 and when I look at the residency status on those returns, they say "non-resident." I know that this is a lot of info, but has anybody had a similar experience? With the holiday, everything is closed and now I'm a little worried.

Thanks!

Posted

Found this form on the CRA site: http://www.cra-arc.gc.ca/E/pbg/tf/nr73/nr73-12e.pdf

It looks like it may fit your situation and give them something in writing showing that you left the country.

Hope it all get fixed quick for you.

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
http://forums.serbinski.com/viewforum.php?f=2 Decent place to ask questions

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

Filed: K-1 Visa Country: Canada
Timeline
Posted

You are supposed to inform them when you are no longer working/living in Canada. I'm sure as long as you prove that you did not live/work in Canada at that time, you shouldn't have a problem. Not sure how to go about fixing it so I would follow the advice of others, but you could always give Revenue Canada a call and ask.

 
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