Shall I need to file tax for my spouse in 2019 and 2020 or only for 2019 or not needed at all?

[sridbhav]

I (work permit) and My Spouse(visitor VISA) came to Canada on Apr 10 2019.

She went back to India on Oct 03 2019 to deliver our baby and couldn't return back due to COVID restrictions. Her VISA expired on Jan 30 2021.
I stayed in CANADA and continued working here.
I have applied for my WP extension on Jan 10 2021 as mine expired on Jan 30 2021.

What is her residency status in 2019 and 2020 for Tax purposes ? Shall I need to file for me alone or I can couple my returns with my spouse's?

I see in the CRA and Quebec websites that spouse will be considered as "Resident" as long as she has significant residential ties (me(spouse) being here).

[Duy Duc Dao]

Thank you for choosing TurboTax. For your question: 

1. Yes, you need file tax for your spouse for both 2019 and 2020 tax return if this is the first time you are filing your tax return in Canada but it should be separated tax package for 2019 and 2020 tax return . If this is not the first time you file your tax return in Canada, you should only file your tax return for your spouse in 2020 tax return as a factual resident in Canada, it is same tax package as filing the tax return for resident in Canada. 

2. Your spouse residency status in 2019 and 2020 for tax purposes is factual resident - temporarily outside in Canada. And you should file tax return for your spouse as a factual resident in Canada (same as resident in Canada). 

3. However, the information which you gave us is not very specific. We would like suggest that you can go to the CRA and contact the international tax to verify your spouse's tax information. 

For more information, you can verify and get on CRA website about Factual Residents - Temporarily outside in Canada.  

If you have any further questions, please feel free to ask us anytime. Thank you for choosing TurboTax Community. 

[sridbhav]

Thanks for the reply, Duy Duc Dao. Can I claim "spousal credit" while I file tax for 2019 and 2020 ?

[sridbhav]

I'm filing for the first time.

[Duy Duc Dao]

You've welcome. We could say that you can claim "spousal credit". This is more information from the CRA about Spouse or common-law partner amount.

As we are unable to discuss issues in this public forum that require the sharing of personal and confidential information. We would like suggest you contact with our tax agencies to discuss more details about your situation by a private message through Facebook or Twitter or call our Customer Support team.

Thank you for choosing TurboTax Community. 

[sridbhav]

Thanks, Duy Duc Dao..will do