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Old 04-06-2013, 01:11 AM
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If the child support was paid from Canada, your ex does not even has to declare as income in the first place.

It is just a matter fro your ex to argue her point to the swis gov.


I had a friend that from Switzerland and he has dual citizenship and property in both country. The Swiss gov wanted to tax him on his income from Canda. He debate sucessfully as his accountant send letter to Swiss that his income was only subject to Canada tax.

The thing is that if you only been here for the last 3 month, you do not even have to file tax yet here but where you where in 2012.
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Old 04-06-2013, 10:49 AM
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This is very valuable information, thanks for clarifying the difference between a Tax Lawyer and Tax Accountant, I had no idea.

I am confused though, the CRA website states:

Quote:
If you are a resident of Canada who makes support payments to a non-resident, you do not have to withhold tax on the payments. You can deduct the payments if the conditions outlined in What are support payments? are met.
I understand I would need a court order or written agreement for these to qualify as support payments, but besides that I should be ok. Am I missing something here?

It seems there are two alternatives:
  1. Based on the above, get some sort of court agreement and use that to deduct support payments from my taxes in Canada. This will most likely require to change my legal status to separated.
  2. Since there are double taxation agreements between Canada/Switzerland try to get the Swiss not to tax my wife.
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Old 04-06-2013, 11:18 AM
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Quote:
Originally Posted by ConfusedInCanada View Post
This is very valuable information, thanks for clarifying the difference between a Tax Lawyer and Tax Accountant, I had no idea.

I am confused though, the CRA website states:

I understand I would need a court order or written agreement for these to qualify as support payments, but besides that I should be ok. Am I missing something here?



It seems there are two alternatives:
  1. Based on the above, get some sort of court agreement and use that to deduct support payments from my taxes in Canada. This will most likely require to change my legal status to separated.
  2. Since there are double taxation agreements between Canada/Switzerland try to get the Swiss not to tax my wife.
Beware that there is two type of support and child support are treated differently. You need a court order so you can be exempt of tax on spousal support but you mentioned you are paying child support. What are support payments?

Not sure where you saw the exception for non resident.

For marital status, you do not need a court order in Canada to change your marital status to separated. It can be done anytime by filling the CRA form RC65 - Marital Status Change or you can even do it on line through CRA "My Account" web site.
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Old 04-06-2013, 11:52 AM
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If this is Child support there is only one alternative. Your ex does not have to even declare the CS as income as long it is from you income made in Canada. Since she does not have to declare, the Swiss gov can't tax it.



P102 - Support Payments 2012

Child support payments
Under court orders and written agreements made after April 1997, any support amount that is not identified in the order or agreement as being solely for the support of the recipient is considered to be child support. These amounts are not deductible by the payer and do not have to be included in income by the recipient.

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