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Resident Wife with Non Resident Husband

Wife came on work permit with two sons age under 18 in year 2016. Her husband has business in other country.
In 2018, Whole family got PR, including her husband.
All got SIN.
Only Wife and her two sons filed their return for 2016, 2017, 2018. Wife Declared her husband’s net income in her return.
Her husband never filed his return till date. He visited to his family every year, spent few months with them, But No Income in Canada, but have income from business in his most resident country. He filed his tax return in that country.

In 2019 Both husband and wife purchased a home together.

So, Now

  1. Do Husband has to file his Tax Return in Canada as he has SIN, a residential property?
  2. Also Husband has more than CAD 100,000 foreign property in his previous country.

Husband is going to face prosecution in Canada for under-reporting 2018 World wide income in 2018 and/or for failing to file in 2018.
And the same for 2019…

His CPA and his tax lawyer should be having a discussion about voluntary disclosure and coming clean…

Regarding your follow-up post (subsequently deleted) asserting that the husband need not file because he was not resident in Canada:
What would make you think that he was non-resident in Canada for tax purposes?
Please ensure that you refer to the CANADA Income Tax Act…

Husband must file 2018 and 2019. Must also complete foreign income verification statement for 2018 and 2019

Thank You, Sir for politely giving reply

1 Like

@ mjeconsulting
Good point also abut the T1135s - since the 2018 one is now overdue, that’s another $2,500 penalty plus interest…

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Thank You Joe,