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Law.Hut
Law.Hut, Lawyer
Category: Canada Law
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Experience:  with over 15 years experience.
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I need a question answered about CCTB and the CRA. Im being

Resolved Question:

I need a question answered about CCTB and the CRA. I'm being told I must repay child tax benefits of $7995, unless I can verify I lived in Alberta by providing letters from my landlord, with dates rent was paid, and it must be signed by the landlord. We paid cash for one of the places we resided, had no receipts or rental agreement, and the only name we know the landlord had was his first name Ronnie.

Does the CRA actually need a letter from the landlord, or can I prove residency in an alternate manner. In fact, I did not pay the rent, my boyfriend did, who I've subsequently split from. Also, I lived with him in Ontario for a while, but did not own the house - his mother did. I now live with my parents. I am completely broke, make enough to pay daycare and gas to get to work, I am going to school, do not own anything but massive debt. I've just about had enough. My mother has given me a car to use, a house to live in, and food to eat. I'm 24 and so frustrated. I feel I can never get ahead.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Law.Hut replied 1 year ago.
Hello:

It does not have to be a landlord. After all, what would CRA expect if you were living rent free, or living with a friend?

Other ways to prove residency can be to show that you had ID issued to you with a certain address, or utility or phone bills for service to an Alberta address in your name. Or that you had listed an Alberta address with businesses, such as bank statements in your name with an Alberta address, or credit card statements. Receipts or ATM print outs for your account could also be useful. You can also seek to get letters from neighbours or others who dealt with you and know that you were residing in Alberta. That can help if they are professionals, like a doctor, dentist, nurse, lawyer, banker, accountant, or any type of clergy for example. Any type of employment information such as a pay statement with an Alberta address could be used.


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Customer: replied 1 year ago.

CRA has stated specifically that I need provide a landlords letter or mortgage info if I owned. What do I do if they keep telling me this, which they've done several times so far? Is there a law, rule, policy I can quote?

Expert:  Law.Hut replied 1 year ago.
No. They are just quoting a policy to you. There is no section of the Income Tax Act that says that residency can only be proven by one of the two documents that they mention. As I pointed out , ho would hat be fair to a person that has no owned property or any landlord? You can tell them that such information is not a available to you and you are proving residency in another manner. Don't ask ahead of time if they will accept some alternative information. Just put together what you can, tell them that you do not have any information from a landlord and had no mortgage. If you are denied benefits or they seek to have you repay , you are allowed to appeal to a court, and you can certainly submit these alternative types of documents for review by a court.
Customer: replied 1 year ago.


Who do I appeal to if they deny? What court? I really appreciate your help.

Expert:  Law.Hut replied 1 year ago.
You would first file a Notice of objection with Canada Revenue. There would be an internal appeal within Canada Revenue. If that is also ruled against you, then you can file an appeal with the Tax court of Canada.

Here's a web address that gives information on both the notice of objection and filing an appeal to tax court. Sorry, I cannot attach a live link:

http://www.cra-arc.gc.ca/gncy/cmplntsdspts/ncmtx-eng.html

Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7316
Experience: with over 15 years experience.
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