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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 08-05-2012, 12:45 AM
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Default Claiming Legal Fees (Case Law) For Tax Deduction in Child Support Matters

Hi All,

I know this question comes up often on the forum so I thought this case law and following articles regarding claiming legal fees on line 221 was important. A parent on April 19, 2010 won the right to claim legal fees in an appeal setting forth the case law for tax deductions for a payer of child support to deduct legal fees from their taxes.

The case law is as follows:

Trignani v. The Queen, 2010 TCC 209 (CanLII)
Date: 2010-04-19
Docket: 2008-3989(IT)I
URL: CanLII - 2010 TCC 209 (CanLII)
Citation: Trignani v. The Queen, 2010 TCC 209 (CanLII)

Article in the Lawyers Weekly on the subject:

"Child support payer can deduct legal fees spent on child support bid"
- "Father can deduct even though he has paid, not received, support"

The Lawyers Weekly - May 7, 2010

Another article on the topic:

Child Support Payer can Deduct Legal Fees spent on Child Support Bid
Cristin Schmitz for The Lawyers Weekly
May 7, 2010

Quote:
The Tax Court has ruled that a father with joint custody of his son is entitled to deduct the legal fees he spent to pursue child support, even though the father has always paid, rather than received, child support.
Child Support Payer can Deduct Legal Fees spent on Child Support Bid - Canadian-Lawyers.ca

Good Luck!
Tayken
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Old 08-05-2012, 06:57 AM
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awesome link! thanks
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Old 08-05-2012, 03:39 PM
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Thx Tayken. I will definitely be needing to look into this.
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Old 08-07-2012, 01:41 PM
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I was under the impression that you cannot claim legal fees you paid to establish custody of a child. Is the outcome of this case saying otherwise?
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Old 09-16-2012, 02:26 PM
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Default Tax deduction And legal fees

Are there any cases to support tax deduction for legal for spousal support only. There are no kids.
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Old 09-18-2012, 09:47 PM
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It should be deducted (saying "should" 'coz mine is being audited) given Technical News #24 of Oct 10 2002 allowing it.
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Old 09-18-2012, 09:52 PM
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Are there any similar case law for spousal support only and claiming legal fees?
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Old 09-18-2012, 10:04 PM
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I am quoting you CRA's own publication regarding claiming "legal costs incurred to obtain SS"... check the thread http://www.ottawadivorce.com/forum/f...89/#post106237

In particular posts by Dinkyface and Mess.
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Old 09-18-2012, 10:06 PM
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My accountant said it might be a flag for an audit. I hope not.

I don't understand where I find this------Technical News #24 of Oct 10 2002 allowing it.
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Old 09-18-2012, 10:16 PM
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Google is a wonderful tool: ITNEWS-24 - Income Tax - Technical News No. 24
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