RevCanada made me commonlaw after 2 months

[bin56]

Divorced for 4 years and have given ex use of my address for some mailings regarding kids etc. Try cohabiting since May 2010. RC and the GST/HST arm needs proof we were separate for between years which we provide. RC sends letters stating that they have adjusted our status to commonlaw since that May 2010. They write that no adjustment is required for the 2005 to 2009 years. I thought you are not commonlaw until 2 years have passed. This seems to be a stretch. They have kept most letters we sent in while saying they should be returned. They are extremely rude and arrogant on the phone. They are breaking their own rules. I want this ruling undone. Any ideas?

[standing on the sidelines]

here is what i found on the CRA site

Common-law partner
A common-law partner applies to a person who is not your spouse (see above), with whom you are living in a conjugal relationship, and to whom at least one of the following situations applies. He or she:

a) has been living with you in a conjugal relationship for at least 12 continuous months;

b) is the parent of your child by birth or adoption; or

c) has custody and control of your child (or had custody and control immediately before the child turned 19 years of age) and your child is wholly dependent on that person for support.

In addition, an individual immediately becomes your common-law partner if you previously lived together in a conjugal relationship for at least 12 continuous months and you have resumed living together in such a relationship. Under proposed changes, this condition will no longer exist. The effect of this proposed change is that a person (other than a person described in b) or c)) will be your common-law partner only after your current relationship with that person has lasted at least 12 continuous months. This proposed change will apply to 2001 and later years.

[logicalvelocity]

Did you not answer that question already on your submitted Itax returns for those respective years?

[bin56]

so they CAN do this? wow. Thanks.

[bin56]

Originally Posted by logicalvelocity

Did you not answer that question already on your submitted Itax returns for those respective years?

Yes they already know all this from t4 etc from pevious years. We had to prove it to them, though, at our expense and time.

[blinkandimgone]

Originally Posted by bin56

Divorced for 4 years and have given ex use of my address for some mailings regarding kids etc. Try cohabiting since May 2010. RC and the GST/HST arm needs proof we were separate for between years which we provide. RC sends letters stating that they have adjusted our status to commonlaw since that May 2010. They write that no adjustment is required for the 2005 to 2009 years. I thought you are not commonlaw until 2 years have passed. This seems to be a stretch. They have kept most letters we sent in while saying they should be returned. They are extremely rude and arrogant on the phone. They are breaking their own rules. I want this ruling undone. Any ideas?

I don't think I quite understand your post. You and your spouse divorced 4 years ago and it was your spouse using your address to recieve mail about the children?

[dadtotheend]

And they appear to have reconciled in May 2010. It's not clear from what was written.

[logicalvelocity]

The question on the first page of the ITAX schedule is specific for a given day

Tick the box that applies to your marital status on December 31, 2009:
(see the "Marital Status section in the guide)

1 - Married
2 - Living common-law
3 - Widowed
4 - Divorced
5 - Separated
6 - Single

Next question on the schedule...

Information about your spouse or common-law partner (If you ticked box 1 or 2 above) (See the guide for more information)

Sin, name, net income, etc.
....................

Scenario - If you commenced living with a partner on December 1 of a year - on December 31, of the same year your still not common law even for Revenue Canada. As SOTS shared:

a) has been living with you in a conjugal relationship for at least 12 continuous months;

Resubmit your tax returns for those years. If any changes - It's considered an amendment which you are fully allowed to do for last ten taxation years.

The expenses would be generally low considering the price of a stamp and some photo copies. Perhaps it was your former partner that completed the forms incorrectly for prior years.

[blinkandimgone]

See, I didn't get that they'd reconciled just that he/she had lent out their home address.

Scenario - If you commenced living with a partner on December 1 of a year - on December 31, of the same year your still not common law even for Revenue Canada. As SOTS shared:

Because they have children together would they not be considered common law right away if they reconciled?

[logicalvelocity]

Originally Posted by blinkandimgone

See, I didn't get that they'd reconciled just that he/she had lent out their home address.



Because they have children together would they not be considered common law right away if they reconciled?

I believe so for CCRA purposes as SOTS shared at B. However, what if you leased space to your former spouse. ie: Room and Board - Would this construe to be common-law or just a business arrangement.