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Legal Ease
Legal Ease, Lawyer
Category: Canada Tax
Satisfied Customers: 101008
Experience:  Lawyer
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I worked for North American Midway Entertainment 2015 and

Customer Question

My name is***** worked for North American Midway Entertainment 2015 and 2016. I worked in the USA and Canada both years. I come from South Africa.
JA: The Accountant will know how to help. Please tell me more, so we can help you best.
Customer: I came back home at the end of 2016 and claimed for my tax for both years. my American tax was approved but my Canadian tax has been declined due to the fact that my American total income was higher than 10 percent of my total Canadian income. Please could you explain this to me? I payed all my taxes for both countries and feel that my tax is due back to me. Thank you.
JA: Is there anything else important you think the Accountant should know?
Customer: That is all thank you\
Submitted: 4 months ago.
Category: Canada Tax
Expert:  Legal Ease replied 4 months ago.

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 4 months ago.

Are you asking about a tax refund from Canada on taxes you paid in Canada?

Where are you a resident?

Customer: replied 4 months ago.
I am talking about my tax refund for Canada. I am from South Africa I worked for a company that traveled from the USA to Canada. So I claimed for both my USA and my Canadian tax return and my American got approved but my Canadian was declined due to the fact that my USA total income is 10% more than my total Canadian income
Expert:  Legal Ease replied 4 months ago.

But where are you a resident?

Customer: replied 4 months ago.
No I am not a resident of Canada or America
Expert:  Legal Ease replied 4 months ago.

So was the tax you paid in Canada withdrawn at source?

Customer: replied 4 months ago.
If you mean was it deducted from my paycheck every week then yes it was deducted ever week.
Expert:  Legal Ease replied 4 months ago.

Then when you filed your return you expected to get a refund but did not. Is that it?

Customer: replied 4 months ago.
That is correct yes and I followed all the procedures required I gave them all the papers work they need with all my T4 slips and W2's as requested
Expert:  Legal Ease replied 4 months ago.

Then you are correct.

Your US income has no relevance when you are not a resident of Canada.

The only income you need to report is your income earned in Canada.

I suggest that you retain a chartered accountant in your city and have the account assist you in filing an appeal.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 4 months ago.
Good day. I went back to taxback and told them that i spoke to you and also that you said that the US income had no relevance to my Canadian tax return, they then said that it a worldwide base income. They also cannot to show me the tax law on which they are using to deny my Canadian tax .
Expert:  Legal Ease replied 4 months ago.

Only residents of Canada must report their world-wide income.

It sounds like they think you are a resident of Canada.

Go back again and ask why it it world-wide income when you are not a resident.

Customer: replied 4 months ago.
I informed them that I was a non-resident of Canada on a few occasions and also I was a citizen of South Africa but they did not care about that information
Expert:  Legal Ease replied 4 months ago.

That doesn't make any sense.

That information is vital.

I think you need to see someone else.

Customer: replied 4 months ago.
The only problem is that the company (taxback) is the only one that handles the tax for South Africans but if u by chance know some other company that could help I would be very grateful. I also asked them very nicely if they could re-look at my file because it makes no sense why I am not getting my tax
Expert:  Legal Ease replied 4 months ago.

I think you should be see a bona fide chartered accountant in Canada to take care of your Return for Canada.

Customer: replied 4 months ago.
Also quick question what actions do you think I should do if they keep on denying my tax return and what can I do here in South Africa?
Expert:  Legal Ease replied 4 months ago.

An accountant in Canada can do the return and then appeal the notice of assessment.

Expert:  Legal Ease replied 4 months ago.

Is there anything more I can help you with at this point in time?