[unknown]

Comments moved to the coffee room

[oasis_jane]

Joe, on Feb 23 2008, 10:45 PM, said:

In the best interests of the client, that may of not been the best answer.
Q:  "Is there a way to file this return"

A:  Well.. Hopefully not...
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I apologize for not responding or clarifying earlier; your discussion directly answers to my confusion. I also want to apologize for using this forum for a tax filing related question; however clarification of my inquiry is as follows:

Wife arrived in Canada June 07 - husband has not arrived and does not have Canadian income and is not yet a resident as per immigration; however due to deemed resident infomration in tax law - he would qualify as a result of his wife being a landed immigrant.

Question a) I don't want to file the wife's return without claiming her husband's income.

Question B) Would the husband's return need to be filed due to being a deemed resident status that his wife has immigrated to Canada and he plans on arriving upon completion of immigration status.

Do I just advise her to wait to file until her husband arrives in Canada and deal with the return then?

I appreciate your suggestions and discusssion, however also apologize if this was not an appropriate question for this forum.

Thank you for your support and advise

[Joe]

oasis_jane, on Feb 24 2008, 10:55 AM, said:

" however due to deemed resident infomration in tax law - he would qualify as a result of his wife being a landed immigrant"

Doesnt sound like that to me from the information posted..


"Question a) I don't want to file the wife's return without claiming her husband's income."

So far, from the information posted, its not sure whether you would be filing a Resident or a Non-Resident return for the wife. But she does need to file.


"Question b ) Would the husband's return need to be filed due to being a deemed resident status that his wife has immigrated to Canada and he plans on arriving upon completion of immigration status."

Doesnt sound like he is a deemed resident from the information posted.


"Do I just advise her to wait to file until her husband arrives in Canada and deal with the return then?"

No


As I queried way back in post #2, the specific facts have also to be weighed with regard to Treaty provisions, which you have not posted.


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[Easter1]

"I appreciate your suggestions and discusssion, however also apologize if this was not an appropriate question for this forum."


It is unforturnate, you feel that this forumn is not about helping each other with Tax issues.


'Moderator where are you????'

If the attitude does not change, and we all get badgered for asking questions, then why will anyone contribute.

Don't discourage, rather encourage and WATCH your tone!!!

Easter

[Easter1]

Fair enough!

:P

[unknown]

Jane, since my comments were offtopic, I moved them to the coffeeroom. Nothing to do with the integrity of your topic, which was just fine.

Sorry if I caused any confusion.

[spenceh]

oasis_jane, on Feb 24 2008, 11:55 AM, said:

I apologize for not responding or clarifying earlier; your discussion directly answers to my confusion. I also want to apologize for using this forum for a tax filing related question; however clarification of my inquiry is as follows:

Wife arrived in Canada June 07 - husband has not arrived and does not have Canadian income and is not yet a resident as per immigration; however due to deemed resident infomration in tax law - he would qualify as a result of his wife being a landed immigrant.

Question a) I don't want to file the wife's return without claiming her husband's income.

Question B) Would the husband's return need to be filed due to being a deemed resident status that his wife has immigrated to Canada and he plans on arriving upon completion of immigration status.

Do I just advise her to wait to file until her husband arrives in Canada and deal with the return then?

I appreciate your suggestions and discusssion, however also apologize if this was not an appropriate question for this forum.

Thank you for your support and advise

For clarity, you may want to get the husband to complete a residency determination form - NR 73 or 74 and provide a letter authorizing you to discuss his tax issues. (The latter may not work since he does not yet have a Canadian Tax Identification Number or SIN but it's worth a try.) Include a cover letter from your firm (confirming that he neither left nor arrived in Canada but his status is not clear to you so the form is used for convenience) and request CRA provide you AND the husband with their determination.

[Joe]

spenceh, on Feb 25 2008, 06:47 AM, said:

For clarity, you may want to get the husband to complete a residency determination form - NR 73 or 74 and provide a letter authorizing you to discuss his tax issues. (The latter may not work since he does not yet have a Canadian Tax Identification Number or SIN but it's worth a try.) Include a cover letter from your firm (confirming that he neither left nor arrived in Canada but his status is not clear to you so the form is used for convenience) and request CRA provide you AND the husband with their determination.

And also do the same for the wife....

However, since ITO(whatever) will also have to look at the Treaty, there's no telling whether the reply will be quick or slow.

(It may be better if the two requests go in together, since all family info would have to be sent for each request anyway.)

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[louiskam]

Helga, your suggestion, particularly filing her husband's NR74 first is a good one. Now if he were deemed resident here (because of strong family ties) from June, 2007 onward but missing the S.I.N., I think he should still file his related world income before April 30. The relevant tax treaty may help reduce his tax liability, if any. Just my 2 cents.

[Joe]

louiskam, on Feb 25 2008, 12:24 PM, said:

Helga, your suggestion, particularly filing her husband's NR74 first is a good one.

I still think it likely that neither of them are tax-resident here....

But the file aint on my desk to examine...

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[JohnV]

"I still think it likely that neither of them are tax-resident here...."

Too strong a position Joe. Can't be determined from the facts. Is it possible to make "the case"? ...should at least look at it.....which you only get to do if file was on your desk

http://jeriwesterson.typepad.com/my_weblog/images/cluttered_desk.jpg

[Joe]

JohnV, on Feb 25 2008, 01:10 PM, said:

Can't be determined from the facts.

:lol:
Yes, I know, we dont have enough information - but I needed to counter the over-prevalent assumptions that continue to be made without basis on this thread in the other direction.

My previous post may have been much closer to reality than you think - though if it was my client who knows what facts I would be seeking to emphasize as relevant in their best interests...


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