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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 05-03-2013, 10:04 AM
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Default Letter from CRA

So I filed RC65 on direction from Revenue Canada.

The one agent I spoke to said we could file as separated but couldn't claim any of the benefits as we were still living together.

Anyway the form states the following

Quote:
Please complete the attached questionnaire and return it to us with the necessary documents within 30 days...............

For income tax purposes you are considered to be married or living common-law if any of the following conditions apply:

- You are married or living common-law and have not lived separate and apart for more than 90 days as a result of the breakdown of the relationship;

- You were married or living common law, and made a decision to separate but continued to share a household; or, after a period of living separate and apart, you now share a household;

- You share a household with someone who is the natural or adoptive parent of your child;

- For longer than 12 months, you have maintained a marriage-like relationship with an individual who lives in the same household as you, and one or more of the following is present in that relationship:
- Sharing of household expenses and responsibilities;
- Sharing of parental responsibilities;
- Sharing of property and resources; or
- social bonds (presenting yourself in social situations as spouse or common -law partners

A separation of less than 90 days is not considered a legal separation under the "Income Tax Act"

We are confirming your marital status for the period of August 7, 2011 to present.

Part 1 - Marital Status

Your marital status for this period was?
.
.
.

You are not considered to have a cohabiting spouse or common-law partner if you have been separated for 90 days or more due to a breakdown in the relationship

However, you are still considered to have a cohabiting spouse or common-law partner if the separation is involuntary. Involuntary separation may occur when one spouse or partner is away to attend schoo, for work or health reasons, or due to incarceration.

Part 2 - Home Address

______________________________________-

The home address is typically a street address, and is the physical location where you live. It cannot be a post office box, postal station, General Delivery, and cannot be in care of another person or firm.

Your full address for the period of August 7, 2011 to present:

The dates you live at this address

from _________ - to ____________

During this period, did your former spouse or common-law partner also reside at this address

Yes ________ NO _________

If "yes" please provide the dates that your former spouse or common-law partner also lived at this address

_____________ to ______________

Home address 2 if applicable

The dates you lived at this address

_____________ to _______________

During this period, did your former spouse or common-law partner also reside at this address

Yes _______ No _________

If yes........provide dates

__________ to ____________

If no ........ provide his/her address

_______________________________

Please attach photocopies of at least two (2) documents that show you and your former spouse or common-law partner did (this is what it says typo?) live at the same address for the period of August 7, 2011 to present. Documentation must cover the entire period under review and can include:

- Rental or lease agreement
- Property tax bill
- Mortgage papers
- Bank Statements
- Insurance policies
- Utility bills
- Letter from Employer
- Employer medical or dental plan
- Drivers Licence and registration (Front and back)
- Other bills that show different address(es)

For example: if the period under review is January to December, we would accept the following set of documentation as proof of your residential address:

- electricity bills for January, July and December; and
- rent receipts for March, August and October

Other types of documents that may be acceptable:

- Letter from the landlord confirming that he has knowledge that the former spouse or common-law partner did not reside at the client's address

- Letter from a doctor or dentist indicating the dates they were informed of the change of address and the addresses they have on file

- Letter from a member of the clergy or a person in authority who can confirm that the client and the former spouse or common-law partner have lived at different addresses due to a breakdown in their relationship

- Letter from the child's (children's) school or day care indicating the date they were notified of a marital status change and address changes for contact purposes; and

- Separation agreement or divorce decree on which there is an indication of different addresses for the client and the former spouse or common-law partner

.
.
.

Questions about reuniting which are not relevant in my case.
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Old 05-03-2013, 10:12 AM
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So clearly I cannot provide any of this.

So I guess my only option is to fill it in correctly. Provide a letter of explanation along with my divorce application;

Provide case Perron vs. Queen

Point by point explanation of the case and the relevance to my case.
Letter from my lawyer that I was not to leave the house as it risked damaging my case before the courts.
If they reject my claim for August 7th, 2011 I guess I can continue to try and fight or just accept the decision.

I will also be asking my ex to do the same and if we both send the same thing I'm not sure what they would do. I'm not sure she will agree but she will most certainly get an increase in benefits dated back to August 7th, 2011.

This is my plan.
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Old 05-03-2013, 10:27 AM
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Hi FB:

Yes, as I stated in another tax post...same thing happened to me and I got assessed with around a $4200 bill.

About a month ago, I called CRA and talked to someone on the phone about it it. Then sent in a request for informal appeal. I haven't heard anything back yet. In fact, I sent the package to my regular tax center which really isn't the appeal center so I'm waiting to hear back what they're going to do.

The reason I did that is that if you go through the formal process, there's a fee associated...and I think you get "tagged/blacklisted" with CRA in future years...so I wanted to try to just get someone to read my explanation first.

I included a letter, all my court documents, and my previous tax assessments. I also included excerpts from sworn questioning documents which pertained to separation...ie, us not cooking, eating, socializing, etc together.

I'm doubting I'm going to be successful arguing this...but for 2 years, I had to claim married with zero benefit from my ex's income...so I'm hoping that someone realizes this is a problematic gap between family law and CRA rules and at least my letter helps to stack on the list of complainers so they fix it.
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Old 05-03-2013, 10:35 AM
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Quote:
Originally Posted by Pursuinghappiness View Post
Hi FB:

Yes, as I stated in another tax post...same thing happened to me and I got assessed with around a $4200 bill.

About a month ago, I called CRA and talked to someone on the phone about it it. Then sent in a request for informal appeal. I haven't heard anything back yet. In fact, I sent the package to my regular tax center which really isn't the appeal center so I'm waiting to hear back what they're going to do.

The reason I did that is that if you go through the formal process, there's a fee associated...and I think you get "tagged/blacklisted" with CRA in future years...so I wanted to try to just get someone to read my explanation first.

I included a letter, all my court documents, and my previous tax assessments. I also included excerpts from sworn questioning documents which pertained to separation...ie, us not cooking, eating, socializing, etc together.

I'm doubting I'm going to be successful arguing this...but for 2 years, I had to claim married with zero benefit from my ex's income...so I'm hoping that someone realizes this is a problematic gap between family law and CRA rules and at least my letter helps to stack on the list of complainers so they fix it.
Were you assessed the tax bill as a result of claiming separated on your taxes and you made claims for those benefits?

I received the letter as I had filed RC65. I have not at any time applied for any tax benefits because of out status change.

I think this might be of benefit to me as I can determine if they will allow the status change before I file my 2012 taxes and thus claiming any benefits. Neither my ex or I filed our taxes by the deadline. According to my numbers I am getting a refund without any late filing penalties.

If and when I get the status updated I may be able to go back and refile my 2011 taxes as well.

Again this might be a better approach. I'm not sure.
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Old 05-03-2013, 11:01 AM
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Quote:
Were you assessed the tax bill as a result of claiming separated on your taxes and you made claims for those benefits?
Yes, I used a new tax preparer the first year I separated as my ex's friend was doing our joint taxes before.

So apparently, he didn't know the rules either and incorrectly filed me as separated despite the fact that I had described my living conditions. Anyway, I got a small refund instead of paying per my ex's added income.

I received that very same letter that you posted earlier about a year after they did my re-assessment.

When, I filed my RC-65 around 90 days after I moved out into my own house and CRA didn't send me any follow-up questionaires.
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Old 05-03-2013, 11:04 AM
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Quote:
Originally Posted by Pursuinghappiness View Post
Yes, I used a new tax preparer the first year I separated as my ex's friend was doing our joint taxes before.

So apparently, he didn't know the rules either and incorrectly filed me as separated despite the fact that I had described my living conditions. Anyway, I got a small refund instead of paying per my ex's added income.

I received that very same letter that you posted earlier about a year after they did my re-assessment.

When, I filed my RC-65 around 90 days after I moved out into my own house and CRA didn't send me any follow-up questionaires.
Thanks... This is very good to know.

I may not get what I want but I shouldn't be punished financially for it.
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