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ARCHIVED - General Income Tax and Benefit Guide - 2009

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General Information

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Is this guide for you?

This guide will help you complete your 2009 income tax and benefit return. It is important to use the package for the province or territory where you lived at the end of the year so that your provincial or territorial tax and credits can be calculated properly. To make sure you are using the correct package, see "Which tax package should you use?"

What's new for 2009?

We list the major changes below, including income tax changes that have been announced but were not law at the time of printing. If they become law as proposed, they will be effective for 2009 or as of the dates indicated. For more details on these and other changes, see the areas outlined in colour in this guide.

Registered disability savings plan (RDSP) (lines 125 and 232) - The deadline for opening an RDSP, making contributions, and applying for the matching grant and the income-tested bond for 2008 was extended from December 31, 2008, to March 2, 2009. The 2009 RDSP contribution year began March 3, 2009.

Apprenticeship completion grant (line 130) - Enter on line 130 income received from an apprenticeship completion grant.

Basic personal amount (line 300) - The amount has increased to $10,320.

Age amount (line 301) - The maximum amount has increased to $6,408.

Spouse or common-law partner amount (line 303) - The maximum amount has increased to $10,320.

Amount for an eligible dependant (line 305) - The maximum amount has increased to $10,320.

Home renovation expenses (line 368) - For 2009 only, you can claim an amount for eligible expenses incurred for work performed or goods acquired after January 27, 2009, and before February 1, 2010.

Home buyers’ amount (line 369) - You can claim an amount of $5,000 if you purchased a qualifying home after January 27, 2009 (closing after this date).

Investment tax credit (line 412) - The deadline to claim the mineral exploration tax credit on qualifying expenses renounced under flow-through share agreements has been extended to March 31, 2010.

New payment method - You may be able to pay online using our My Payment option.

Home Buyers’ Plan (HBP) - The maximum amount you can withdraw from an RRSP under the HBP has increased to $25,000. For more information, see Guide RC4135, Home Buyers’ Plan (HBP).

Final return of a deceased person - If an unmatured RRSP or RRIF of a deceased person decreases in value following death, and the final payment from that RRSP or RRIF is made after 2008, a deduction may be claimed on the final return of the deceased person for that decrease in value. For more information, see Guide T4040, RRSPs and Other Registered Plans for Retirement.

 

National Register of Electors (the Register)

The Register contains the name, sex, date of birth, and address of eligible electors (Canadian citizens who are 18 years of age or older) and is used to produce electoral lists and to communicate with electors for federal elections or referendums. Note that inclusion in the Register is at the option of the elector. Consenting to provide your information to Elections Canada will help ensure you are correctly registered.

Elections Canada will only use the information you provide for purposes permitted under the Canada Elections Act. The Canada Elections Act allows for the electoral lists produced from the Register to be shared with provincial/territorial electoral agencies for uses permitted under their respective legislation. The Canada Elections Act also provides for electoral lists that do not include date of birth information to be shared with Members of Parliament, registered political parties and candidates at election time.

Response instructions (responding to questions is optional)

If you are a Canadian citizen, tick the "Yes" box next to question A ("Are you a Canadian citizen?") on page 1 of your return. If you are not a Canadian citizen, tick the "No" box next to question A.

If you are a Canadian citizen, and you would like to authorize the Canada Revenue Agency (CRA) to give your name, address, date of birth, and Canadian citizenship status to Elections Canada, tick the "Yes" box next to question B ("As a Canadian citizen, do you authorize the Canada Revenue Agency to give your name, address, date of birth, and citizenship to Elections Canada to update the National Register of Electors?") on page 1 of your return. If you are a Canadian citizen but do not authorize the CRA to give this information to Elections Canada, tick the "No" box next to question B.

This information is not used by the CRA for the purpose of processing your return.

If you tick "Yes" to both questions

Notes
The CRA updates the information provided to Elections Canada every month. Your authorization remains in effect until you file your next return. Therefore, if you move during this period, and you advise the CRA of your new address, the CRA will advise Elections Canada the next time information is provided.

If, during the year, you change your mind about the CRA sending your information to Elections Canada, contact the CRA at 1-800-959-8281 to have your consent removed. However, your information will remain on the Register. To remove your information from the Register, see "Removal from the Register" below.

If you tick "No" to one or both questions (or do not make a choice)

Removal from the Register

You can write to Elections Canada to request to be removed from the Register, or that your information not be shared with provincial/territorial electoral agencies that use it to produce their electoral lists.

Deceased persons

If the return is being completed for a person who consented to provide information to Elections Canada on his or her last return but has since died, the CRA will notify Elections Canada to remove the person's name from the Register.

For more information contact Elections Canada

Telephone:   1-800-463-6868 toll free in Canada and the United States
Teletypewriter:   1-800-361-8935 (for individuals with a hearing or speech impairment) toll free in Canada and the United States
Internet:   www.elections.ca

General information

Before you start

Do you have to file a return?

You must file a return for 2009 if any of the following situations apply:

Even if none of these requirements apply, you may want to file a return if any of the following situations apply:

What date is your return for 2009 due?

Generally, your return for 2009 has to be filed on or before April 30, 2010.

Note
 If you file your return after April 30, 2010, your GST/HST credit (including any related provincial credit), Canada Child Tax Benefit payments (including those from certain related provincial or territorial programs), and Old Age Security benefit payments may be delayed.

Self-employed persons - If you or your spouse or common-law partner carried on a business in 2009 (other than a business whose expenditures are primarily in connection with a tax shelter), your return for 2009 has to be filed on or before June 15, 2010. However, if you have a balance owing for 2009, you still have to pay it on or before April 30, 2010. For more information on how to make your payment, see line 485.

Deceased persons

If you are the legal representative (the executor, administrator, or liquidator) of the estate of an individual who died in 2009, you may have to file a return for 2009 for that individual. For more information about your filing requirements and options, and to know what documents are required, see Guide T4011, Preparing Returns for Deceased Persons, and Information Sheet RC4111, What to do following a death.

Note
 If you received income in 2009 for a person who died in 2008 or earlier, do not file an individual return for 2009 for that income on behalf of that person. However, you may have to file a T3 Trust Income Tax and Information Return for the estate.

Exception to due date of your return

When a due date falls on a Saturday, a Sunday, or a holiday recognized by the CRA, we consider your return to be filed on time or your payment to be made on time if we receive it or it is postmarked on the next business day. For more information, go to our Important dates page.

What penalties and interest do we charge?

Penalties

If you owe tax for 2009 and do not file your return for 2009 within the dates we specify under "What date is your return for 2009 due?" in the previous section, we will charge you a late-filing penalty. The penalty is 5% of your 2009 balance owing, plus 1% of your balance owing for each full month that your return is late, to a maximum of 12 months. Your late-filing penalty may be higher if we charged you a late-filing penalty on a return for any of the three previous years.

Tax Tip
 Even if you cannot pay the full amount you owe on or before April 30, 2010, you can avoid the late filing penalty by filing your return on time.

We may waive or cancel this penalty as well as any interest that may apply (see the next section) if you file your return late because of circumstances beyond your control. If this happens, complete Form RC4288, Request for Taxpayer Relief, and mail it to us. Only requests relating to tax years ending in any of the 10 calendar years before the year you make the request will be considered. For example, a request made in 2010 must relate to the 2000 or a later tax year to be considered. For details, see Information Circular IC07-1, Taxpayer Relief Provisions.

You may have to pay a penalty for any amounts you fail to report on your return for 2009. If you also failed to report an amount on your return for 2006, 2007, or 2008, you may have to pay another penalty. However, if you tell us about an amount you failed to report, we may waive these penalties. See "What is a voluntary disclosure?" or go to our Voluntary Disclosures Program page.

Interest

If you have a balance owing for 2009, we charge compound daily interest starting May 1, 2010, on any unpaid amounts owing for 2009. This includes any balance owing if we reassess your return. In addition, we will charge you interest on the penalties indicated in the previous section, starting the day after your return is due.

When will we pay interest?

We will pay you compound daily interest on your tax refund for 2009. The calculation will start on whichever of the following three dates is latest:

Social insurance number (SIN)

Your SIN is the authorized number for income tax purposes under section 237 of the Income Tax Act and is used under certain federal programs. You have to give it to anyone who prepares information slips (such as a T3, T4, or T5 slip) for you. Each time you do not give it when you are supposed to, you may have to pay a $100 penalty. You also have to give it to us when you ask us for personal tax information. Check your slips. If your SIN is missing or is incorrect, advise the slip preparer.

Your SIN card is not a piece of identification, and it should be kept in a safe place. For more information, or to get an application for a SIN, contact Service Canada or visit their Web site. You can find the addresses and telephone numbers of their offices on their Web site or in the government section of your telephone book.

Canada Child Tax Benefit (CCTB) and Child Disability Benefit (CDB)

If you are responsible for the care and upbringing of a child who is under 18 years of age, you can apply for the CCTB for that child. Submit a completed Form RC66, Canada Child Benefits Application, along with any other documents required, as soon as possible after the child is born or begins to live with you. This information is also used to apply for payments from certain related provincial or territorial programs. If you are a permanent resident, temporary resident, or protected person (refugee) as defined in the Immigration and Refugee Protection Act, you should apply as soon as possible after you and your child arrive in Canada.

In addition to the CCTB, you can also receive a CDB if your child meets the criteria for the disability amount and we have approved Form T2201, Disability Tax Credit Certificate, for that child.

The CCTB and CDB are based on the net income (line 236) shown on your return and, if applicable, your spouse's or common-law partner's return minus any amount you or your spouse or common-law partner reported on lines 117 and 125. If you or your spouse or common-law partner deducted an amount on line 213, and/or an amount for a repayment of registered disability savings plan income included on line 232, we will add these amounts to your or your spouse’s or common-law partner’s net income. Therefore, to qualify for these benefits, you both have to file a return every year, even if there is no income to report.

To apply for the CCTB or to view your CCTB account, go to our My Account page. For more information regarding the CCTB or CDB, go to our Child and Family Benefits page, see Pamphlet T4114, Canada Child Benefits, or call us at 1-800-387-1193.

Universal Child Care Benefit (UCCB)

If you are responsible for the care of a child under six years of age, you may be eligible to receive $100 per month for each qualified dependant.

You do not need to apply for the UCCB if either of the following situations apply to you. The benefit will be sent to you automatically if:

If neither of these situations apply to you, you will have to apply for the UCCB by completing Form RC66, Canada Child Benefits Application.

While the UCCB is taxable (line 117) in the hands of the spouse or common-law partner with the lower net income, it will not be taken into account in calculating your GST/HST credit (including any related provincial credit), your CCTB payments (including those from certain related provincial or territorial programs), the social benefits repayment (line 235), the refundable medical expense supplement (line 452), or the Working Income Tax Benefit (WITB) (line 453).

To enroll your child for the UCCB or to view your UCCB account, go to our My Account page. For more information regarding the UCCB, go to our Universal Child Care benefit page, see Pamphlet T4114, Canada Child Benefits, or call us at 1-800-387-1193.

Which tax package should you use?

Generally, you have to use the package for the province or territory where you resided on December 31, 2009. However, there are exceptions (see next section) such as if you had residential ties (see definition below) in another place. You should have received the package you need based on our records.

If you resided in Quebec on December 31, 2009, use the package for residents of Quebec to calculate your federal tax only. You will also need to file a Quebec provincial return.

Residential ties  - These ties include where your home (owned or leased) and personal property are and where your spouse or common-law partner or dependants reside. Other ties that may be relevant include social ties, driver's licence, bank accounts or credit cards, and provincial or territorial hospitalization insurance. For more information, see Interpretation Bulletin IT-221, Determination of an Individual's Residence Status.

Exceptions

In the following situations, you should use the package indicated:

A. If, on December 31, 2009, you had residential ties in more than one province or territory, use the package for the province or territory where you have your most important residential ties. For example, if you usually reside in Ontario, but were going to school in Alberta or Quebec, you would use the package for Ontario.
B. If you are filing a return for a person who died in 2009, use the package for the province or territory where that person resided at the time of death.
C.

If you emigrated from Canada in 2009, use the package for the province or territory in which you resided on the date you left. Mail your tax return to the:

International Tax Services Office
2204 Walkley Road
Ottawa ON  K1A 1A8

D.

If you lived outside Canada on December 31, 2009, but maintained significant residential ties with Canada, you may be considered a factual resident of Canada. Use the package for the province or territory where you kept your residential ties. You have to also complete Form T1248, Information About Your Residency Status, and attach it to your return. Mail your tax return to the:

International Tax Services Office
2204 Walkley Road
Ottawa ON  K1A 1A8

If, under a tax treaty, you are considered to be a resident of another country, this may not apply. For more information, contact us.
E. Generally, if you did not maintain significant residential ties with Canada, and on December 31, 2009, you lived outside Canada and were a government employee, a member of the Canadian Forces or their overseas school staff, or working under a Canadian International Development Agency program, you may be considered a deemed resident of Canada. Use the package
for non-residents and deemed residents of Canada. This also may apply to your dependent children and other family members.
F. If you stayed in Canada for 183 days or more in 2009, you did not establish significant residential ties with Canada, and, under a tax treaty, you were not considered a resident of another country, you will be considered a deemed resident of Canada. Use the package for non-residents and deemed residents of Canada.
G. If, throughout 2009, you did not have significant residential ties with Canada and neither E nor F apply, you may be considered a non-resident of Canada for tax purposes. Use the package for non-residents and deemed residents of Canada.
  However, if you earned income from employment in a province or territory, or earned income from a business with a permanent establishment in a province or territory, use the package for that province or territory. Also, complete Form T1248, Information About Your Residency Status, and attach it to your return.

How can you get the tax package you need?

To find out how to get a General forms book and guide for a particular province or territory, see "Publications". In addition, you can get the package for non-residents and deemed residents of Canada from us or any Canadian embassy, high commission, or consulate.

Other publications you may need

Unless you resided in Canada all year, you also need one or more of the following publications:

For more information, contact the International Tax Services Office at  1-800-267-5177 . If you are calling from outside Canada and the United States, call 613-952-3741 .

Getting started

Gather all documents needed to complete your return. This includes information slips (such as T3, T4, T4A, and T5 slips) and receipts for any deductions or credits you plan to claim. Refer to the guide as you find lines on the return that apply to you, or see the back of your information slips for more instructions.

You can file electronically or file a paper return. No matter how you file, see "What do you include with your return and what records do you keep?".

What if you are missing information?

If you have to file a return for 2009, make sure you file it on time even if some slips or receipts are missing. You are responsible for reporting your income from all sources to avoid possible interest and/or penalties that may be charged. If you know that you will not be able to get a slip by the due date, attach a note to your paper return stating the payer’s name and address, the type of income involved, and what you are doing to get the slip. Use any pay stubs or statements you may have to estimate the income to report and any related deductions and credits you can claim. Enter the estimated amounts on the appropriate lines of your return. Attach the pay stubs or statements to your paper return. If you are filing electronically, keep all of your documents in case we ask to see them.

Note
You should have received most of your slips and receipts by the end of February. However, T3, T5013, and T5013A slips do not have to be sent before the end of March.

Identification, income, and deductions

Identification

Follow the instructions on the return to complete this area. Incomplete or incorrect information may delay the processing of your return and any refund, credit, or benefit, such as any GST/HST credit and Canada Child Tax Benefit payments you may be entitled to receive.

Personal label

If you have a personal label, attach it to your return. If your name, address, or social insurance number (SIN), or your spouse's or common-law partner's SIN, is incorrect, put a line through the wrong information, and print your changes clearly on the label.

We may modify part of your address to meet Canada Post's requirements. Therefore, the address on your package, your notice of assessment, or other correspondence we send you may be different from the one you indicate on your return.

Information about your residence

On the first line, enter the province or territory where you lived or of which you were considered to be a factual resident on December 31, 2009. We need to know this to calculate your taxes and credits correctly. For more information, see "Which tax package should you use?".

On the second line, enter the province or territory where you live now, if it is different from your mailing address. We need to know this to calculate certain provincial or territorial credits and benefits you may be entitled to receive.

On the third line, if you were self-employed in 2009, enter the province or territory where you had a permanent business establishment.

On the last line, if you became or ceased to be a resident of Canada for income tax purposes during 2009, enter your date of entry or departure, whichever applies.

Marital status

Tick the box that applied to your status on December 31, 2009. Tick "Married" if you had a spouse or "Living common-law" if you had a common-law partner (see below). You still have a spouse or common-law partner if you were living apart for reasons other than a breakdown in your relationship. Tick one of the other boxes only if neither of the first two applied.

Note
If you are entitled to any GST/HST credit, Universal Child Care Benefit, or Canada Child Tax Benefit payments, or Working Income Tax Benefit (WITB) advance payments, and your marital status changes during the year, be sure to let us know and send us a completed Form RC65, Marital Status Change.

Spouse

This applies only to a person to whom you are legally married.

Common-law partner

This applies to a person who is not your spouse, with whom you are living in a conjugal relationship, and to whom at least one of the following situations applies. He or she:

a) has been living with you in a conjugal relationship for at least 12 continuous months;
b) is the parent of your child by birth or adoption; or
c) has custody and control of your child (or had custody and control immediately before the child turned 19 years of age) and your child is wholly dependent on that person for support.

In addition, an individual immediately becomes your common-law partner if you previously lived together in a conjugal relationship for at least 12 continuous months and you have resumed living together in such a relationship. Under proposed changes, this condition will no longer exist. The effect of this proposed change is that a person (other than a person described in b) or c)) will be your common-law partner only after your current relationship with that person has lasted at least 12 continuous months. This proposed change will apply to 2001 and later years.

Reference to "12 continuous months" in this definition includes any period that you were separated for less than 90 days because of a breakdown in the relationship.

Information about your spouse or common-law partner

You must provide us with the following information, if applicable:

Goods and services tax/harmonized sales tax (GST/HST) credit application

To receive this credit, including any related provincial credit, you have to apply for it, even if you received it last year. Complete the application area on page 1 of your return for 2009. Your credit is based on the number of children you have and your net income added to the net income of your spouse or common law partner (if you have one), minus any amount you or your spouse or common law partner reported on
lines 117 and 125. If you or your spouse or common-law partner deducted an amount on line 213, and/or an amount for a repayment of registered disability savings plan income included on line 232, we will add these amounts to your or your spouse's or
common-law partner's net income.

This information is also used to calculate any payments from certain related provincial programs. Net income is the amount on line 236 of a person's return, or the amount that it would be if the person filed a return.

Make sure you enter, in the Identification area on page 1 of your return, your marital status and, if it applies, the information concerning your spouse or common-law partner (including his or her net income, even if it is zero). Otherwise, your application may be delayed. Either you or your spouse or common-law partner can receive the credit, but not both. No matter which one of you applies, the credit will be the same.

To view your GST/HST credit account, go to our My Account page . For more information on the GST/HST credit, go to our Child and Family Benefits page, see Pamphlet RC4210, GST/HST Credit, or call 1-800-959-1953 .

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