Today: Friday, May 25, 2018, 1:20 pm (PST)

No activity in Canada

Posted by:

Angela Hardbattle

Angela Hardbattle

Tax Question:

My non-resident company has no activity in Canada. Do I still need to file a Canadian corporate tax return?

Facts:

Non-resident corporations that have no activity in Canada during its fiscal year are not required to file a Canadian corporate tax return. However, without filing a Canadian corporate tax return, the Canada Revenue Agency (CRA) will not know that you did not have activity in Canada. Therefore, CRA may send you a letter requesting that a return is required to be filed.

Discussion:

If CRA requests that a return be filed, even though your company had no activity in Canada, you may be tempted to file a return in order to be in compliance. However, if you file a tax return later than six months past your fiscal year end, CRA will assess you a non-resident corporation late filing penalty even if no taxes are owing. The penalty for failing to file on time is the greater of $100 or $25 per day that the return is late up to a maximum penalty of $2,500.

Instead of incurring a late filing penalty, a letter can be sent stating that there is no activity in Canada for the requested tax year. The letter is sent to CRA’s International Tax Services Office and should include the following:

  • Company name.
  • Canadian business number of the company.
  • Relating tax year.
  • State that you are a non-Canadian corporation with no permanent establishment in Canada.
  • State that you had no activity in Canada for the requested tax year and therefore, are not required to file a Canadian corporate income tax return for the requested tax year.
  • Have an individual with proper authority for the company sign the letter.

Angela Hardbattle, Dipl. T (Hons), CPA, CA, Manager

Manager, Gilmour Group CPA’s
Email: faqs@gilmour.ca

Disclaimer: The information contained in this article is intended solely to provide general guidance on matters of interest for the personal use of the reader, who accepts full responsibility for its use. While we have made every attempt to ensure the information contained in this article has been obtained from reliable sources and accurately described herein. SW Media Group and Gilmour Group Incorporated is not responsible for any errors or omissions, or for the results obtained from the use of this information. Before taking any action that might affect your personal and business finances, you should consult a qualified professional advisor.

 

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