ARCHIVED - General Income Tax and Benefit Guide - 2002

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General information

Before you start

Do you have to file a return?

You have to file a return for 2002 if any of the following applies:

• You have to pay tax for 2002.
• We sent you a request to file a return.
• You disposed of property in 2002 (such as if you sold real estate or shares) or you realized a taxable capital gain (such as if a mutual fund or trust attributed amounts to you, or you are reporting a capital gains reserve you claimed on your 2001 return).
• You have to pay back any of your Old Age Security or Employment Insurance benefits. See line 235 for details.
• You have not repaid all of the amounts you withdrew from your registered retirement savings plan (RRSP) under the Home Buyers' Plan or the Lifelong Learning Plan. For details, see the Home Buyers' Plan (HBP) guide or the Lifelong Learning Plan (LLP) guide.
• You have to contribute to the Canada Pension Plan (CPP). This can apply if, for 2002, the total of your net self-employment income and pensionable employment income is more than $3,500. See line 222 for details.

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

• You want to claim a refund.
• You want to apply for the GST/HST credit (see "Goods and services tax/harmonized sales tax (GST/HST) credit application"). For example, you may be eligible if you turn 19 before April of 2004.
• You or your spouse or common-law partner wants to begin or continue receiving Canada Child Tax Benefit payments 
  (see below for details).
• You have incurred a non-capital loss (see line 236) in 2002 that you want to be able to apply in other years.
• You want to carry forward the unused portion of your tuition and education amounts (see line 323).
• You want to report income for which you could contribute to an RRSP, in order to keep your RRSP deduction limit (see "Line 10 - Contributions based on your RRSP deduction limit for 2002") for future years up to date.

What date is your return for 2002 due?

Generally, your return for 2002 has to be filed on or before April 30, 2003.

Note
If you file your return after April 30, 2003, your GST/HST credit, Canada Child Tax Benefit (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 2002 (other than a business whose expenditures are primarily in connection with a tax shelter) your return for 2002 has to be filed on or before June 15, 2003. However, if you have a balance owing for 2002, you still have to pay it on or before April 30, 2003. 
For details of 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 2002, you may have to file a return for 2002 for that individual. 
Get the Preparing Returns for Deceased Persons guide for details about your filing requirements and options.

Note
If you received income in 2002 for a person who died in 2001 or earlier, do not file a return for 2002 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.

What penalties and interest do we charge?

Penalties

If you owe tax for 2002, and do not file your return for 2002 within the dates we specify under "What date is your return for 2002 due?", we will charge you a late-filing penalty. The penalty is 5% of your balance owing for 2002, 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, 2003, you can avoid the late-filing penalty by filing your return on time.

We may waive 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, include a letter with your return (or send one to us separately) giving the reasons why you filed your return late. 
For details, get Information Circular 92-2, Guidelines for the Cancellation and Waiver of Interest and Penalties.

You may have to pay a penalty for any amounts you fail to report on your return for 2002. If you also failed to report an amount on your return for 1999, 2000, or 2001, 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?".

Interest

If you have a balance owing for 2002, we charge compound daily interest starting May 1, 2003, on any unpaid amounts owing for 2002. 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.

Social insurance number (SIN)

Your SIN is used under certain federal programs. You have to give it to anyone who prepares an information slip (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 your Human Resources Development Canada office, or visit www.hrdc.gc.ca/sin on the Internet. You will find the address and telephone number of your office in the government section of your telephone book, and on the Web page mentioned above.

Canada Child Tax Benefit (CCTB)

If you are responsible for the care of a child who is under 18, you can apply for the CCTB for that child. To do so, submit a completed Form RC66, Canada Child Tax Benefit Application , along with any other documents required, as soon as possible after the child is born or begins to live with you. This application also is used to apply for payments from 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.

The CCTB is based on the net income (line 236) shown on your return and, if applicable, your spouse or common-law partner's return. Therefore, to qualify for the benefit, you both have to file a return every year, even if there is no income to report.

Once you have applied for the CCTB, you have to advise us immediately of any of the following changes (as well as the date it happened or will happen):

• the child is no longer in your care, stops living with you, or dies;
• you move (or your payments may stop, whether you receive them by direct deposit or by cheque);
• your marital status changes (but if you separate due to a breakdown in your relationship, you should wait until you are separated for at least 90 days);
• you receive your payments by direct deposit (see the section called "Direct deposit") and your banking information changes; or
• your or your spouse or common-law partner's immigration or residency status changes.

For more information about the CCTB, get the Your Canada Child Tax Benefit pamphlet, or call us at 1-800-387-1193.

Which tax and benefit package should you use?

Generally, you have to use the package for the province or territory where you resided on December 31, 2002. However, there are exceptions 
(see the next section) such as if you had residential ties (see below) in another place. You should have received the package you need based on our records.

If you resided in Quebec on December 31, 2002, 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 and personal property are, and where your spouse or common-law partner or dependants reside. Other ties that may be relevant include social ties, a driver's licence, bank accounts or credit cards, and provincial or territorial hospitalization insurance. For more details, see Interpretation Bulletin 
IT-221, Determination of an Individual's Residence Status .

Exceptions

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

• If, on December 31, 2002, you had residential ties (see above) 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 you were going to school in Alberta or staying in a ski chalet in Quebec, you would use the package for Ontario.
• If you are filing a return for a person who died in 2002, use the package for the province or territory where that person resided at the time of death.
• If you emigrated from Canada in 2002, use the package for the province or territory in which you resided on the date you left.
• If you lived outside Canada on December 31, 2002, but maintained residential ties with Canada, you may be considered a factual resident of a province or territory. Use the package for the province or territory where you kept your residential ties. However, this may not apply if you were a factual resident who, under a tax treaty, is considered to be a resident of another country. For more information, contact us.
• If you were a non-resident (see below) of Canada throughout 2002, 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.
• If you were a deemed resident (see below) of Canada on December 31, 2002, use the package for non-residents and deemed residents of Canada. However, if you are reporting only Canadian-source income from a business with a permanent establishment in a province or territory, use the package for that province or territory.

Non-resident - You are a non-resident for tax purposes throughout any period in which you do not have residential ties in Canada and you are not a deemed resident (see below) of Canada. Contact us to find out the special rules that apply to you.

Deemed resident - You are a deemed resident for tax purposes if you did not establish residential ties in Canada, but you stayed here for 183 days or more in 2002 and, under a tax treaty, you were not considered a resident of another country.

Generally, you also were a deemed resident if you resided outside Canada during 2002, you did not maintain residential ties in Canada, and you were a government employee, a member of the Canadian Forces or their overseas school staff, or working under a Canadian International Development Agency program. This also may apply to your dependent children and other family members.

How can you get the tax and benefit package you need?

To find out how to get a General forms book and guide for a particular province or territory, see the section called "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 may also need one of the following publications:

• If you were a non-resident, and you earned income from employment or a business with a permanent establishment in Canada, get the Non-Residents and Income Tax guide.
• If you were a non-resident, and you received rental income from real property in Canada, get the Income Tax Guide for Electing Under Section 216 .
• If you were a non-resident, and you received certain other kinds of income from Canada (including pensions and annuities) get the Electing Under Section 217 of the Income Tax Act pamphlet.
• If you were a newcomer to Canada in 2002, get the Newcomers to Canada pamphlet.
• If you emigrated from Canada during 2002, get the Emigrants and Income Tax pamphlet.
• If you will be outside Canada for an extended period, get the Canadian Residents Abroad pamphlet.