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Originally posted by sekha18

Hi,
To all here.I have a question that in 2004 I came to Canada for 5 days to complete my landing process and returned to India.So in 2005 I came to stay here permanently in Canada.I have also filled my return for 2005.Now the child tax benifit department asked me to file a return for 2004 so that they can calculate the child tax benifit.i dont know what papers to submit as I had worked in India and also payed my tax there for 2004.Please give me some help so that I know what I can do.
Regards to all
sekha18

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I landed in June'04 and went back after one week (to US). I had filed taxes for 2004 in part (for pro-rated income) but did not claim Child Tax benefits since we were not living there. and I did not want to make false claims.
In 2005 as well I filed taxes without claiming the child tax benefit as we are still in US.

So my suggestion is; you write to CRA explaining, that you can file tax returns for 2004 (on your worldwide / India income), but DO NOT wish to claim Child tax benefits for 2004 year, since you were physically presnet in Canada during that period.

so DO file tax returns on your India income for 2004 as worldwide income.
- you can either do it as NON - resident if you did not have any ties to Canada in 2004.
or as deemed resident if you had ties (even if like a bank account etc)

But DO NOT claim child tax benefits with that return. and send your return by post along with that letter explaining why you are not claiming Child Tax Benefits.

That would clarify CRA of all their queries. Actually CRA is not aksing here something out of blue, in fact they are trying and asking you to go through the right process.

hope this helps. if you wish consult a professional.