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  • #91
    I sent mine at the middle/end of April and received word back in 2nd week of June. So expect about 60-90 days. They actually ended up calling me on the phone at work to clarify a few things so make sure you keep your paperwork handy around that time.

    There was a poster who said they don't backdate CCTB, HST/GST, etc benefits...so apparently that is not true because they're doing it on mine all the way back to my kid's birth and she's a teen.

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    • #92
      Ok...good news.

      It looks like they did indeed process backdated CCTB for the years I appealed for separated status. I checked my account online on CRA and the July CCTB checks are listed.

      So my appeal for both tax status and benefits seems to have been successful.

      Apparently, you can appeal the CRA rules regarding marital status change successfully which is good news for all those people suffering through in-home separations.

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      • #93
        Originally posted by Pursuinghappiness View Post
        Ok...good news.

        It looks like they did indeed process backdated CCTB for the years I appealed for separated status. I checked my account online on CRA and the July CCTB checks are listed.

        So my appeal for both tax status and benefits seems to have been successful.

        Apparently, you can appeal the CRA rules regarding marital status change successfully which is good news for all those people suffering through in-home separations.
        That's great news

        Congrats and this gives me hope that I might get somewhere.

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        • #94
          CRA received my Notice of Objection on June 26th. I just spoke to them at the appeals office and they confirmed they received it but it has not be looked at yet.

          The agent told me if I don't hear from them within two weeks to call back.

          Comment


          • #95
            Update. My last informal appeal got approved yesterday. I had to do 1 year at a time since my in-home separation lasted that long.

            So they basically allowed me to claim separated for those two years and approved all the benefits associated with that.

            Just like to say thanks for the help from the forum members that helped me get this accomplished.

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            • #96
              Originally posted by Pursuinghappiness View Post
              Update. My last informal appeal got approved yesterday. I had to do 1 year at a time since my in-home separation lasted that long.

              So they basically allowed me to claim separated for those two years and approved all the benefits associated with that.

              Just like to say thanks for the help from the forum members that helped me get this accomplished.
              That is awesome news....

              Comment


              • #97
                Ditto. Congrats, and glad to know it can be done.

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                • #98
                  Thank you FB and Mess.

                  FB, good luck with yours!

                  Comment


                  • #99
                    My plan is not working as smoothly as I had hoped.

                    I got a letter back today.

                    We are writing to inform you that the correspondence filed regarding your marital status will not be recognized as a valid objection by the appeals division.

                    You can not object to this issue as it is not considered an amount assessed under the Income tax Act.

                    A change to marital status may affect your Income Tax Return, Canada Child Tax Benefit (CCTB) and/or serveral other provincial programs. You must identify each (re)assessment and/or (re)determination you are in disagreement with when filing a Notice of Objection.
                    .
                    .
                    .

                    However, we have transferred your request to the appropriate department for their review.
                    .
                    So I guess I just have to go ahead and file my taxes separated and worry about it later. I'm not sure how telling me I don't qualify for something is not an assessment but whatever.

                    I was pretty sure I included the letter and mentioned that it was because I was denied the CCTB as I was not eligible because I was married.

                    I'm starting a weeks holidays today so I will deal with this when I get back.

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                    • I called the chief of appeals today and they explained to me that I cannot appeal marital status. I have to appeal actual money.

                      So she said to re-word the appeal to state that I was denied the CCTB - UCCB - GST credits because of the marital status.

                      So I am going to re-write the letter and submit it again. SO FRUSTRATING.

                      Comment


                      • FB:

                        I looked back over the letter I initially sent to CRA and what I specifically asked for was a re-assessment of my 20XX year taxes due to marital status. So what they initially did was re-assess the tax year once they accepted that I met the definition of "separated". Once they did that, I received a refund for my income tax for that year...then the person that completed that assessment sent that re-assessment and status change to benefits for me. I actually didn't have to do anything else but maybe I got lucky?

                        Once the tax year is re-assessed, I believe all the tax credits and benefits are supposed to move on their own. I know that definitely works in reverse because once they re-assessed me the first time as married, I got separate bills from each benefit/tax credit asking me to pay them back the monies I had initially received.

                        So my understanding was...and what worked in practice for me...is sending them a letter asking for re-assessment based on your argument for separated status (including your proof docs) for the applicable tax year(s). Everything else should flow from there.

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                        • Originally posted by Pursuinghappiness View Post
                          FB:

                          I looked back over the letter I initially sent to CRA and what I specifically asked for was a re-assessment of my 20XX year taxes due to marital status. So what they initially did was re-assess the tax year once they accepted that I met the definition of "separated". Once they did that, I received a refund for my income tax for that year...then the person that completed that assessment sent that re-assessment and status change to benefits for me. I actually didn't have to do anything else but maybe I got lucky?

                          Once the tax year is re-assessed, I believe all the tax credits and benefits are supposed to move on their own. I know that definitely works in reverse because once they re-assessed me the first time as married, I got separate bills from each benefit/tax credit asking me to pay them back the monies I had initially received.

                          So my understanding was...and what worked in practice for me...is sending them a letter asking for re-assessment based on your argument for separated status (including your proof docs) for the applicable tax year(s). Everything else should flow from there.
                          Thanks for the clarification.

                          I am about to start working on re-filing my 2011 taxes.

                          I am going to ask they update my status to separated.
                          Include the portion of my 2011 lawyer fees to collect child support.
                          Claim my son as a dependent.

                          I've also sent in my updated Notice of Objection yesterday.

                          I still have not filed my 2012 taxes as of yet due to the marital status issues.

                          Comment


                          • Ok...so that's the difference with what I did then.

                            I filed 2010 as separated...then they re-assessed me married. I then filed my 2011 as married also but right after I filed, I sent in my request for re-assessment.

                            I paid what they said I owed (and for 2010 ended up paying back both my refund and allowed benefits) but I have now received all of that back.

                            I sent in the letter and support documentation (including CC brief, motions, etc to show that there was active litigation during those tax years and a letter from my lawyer). They then re-assessed those tax years and sent the re-assessment notice to benefits.

                            Both tax years got re-assessed to separated status and then benefits updated my net income amounts and re-assessed my eligibility for benefits. And I got a refund for what I paid.

                            Comment


                            • Originally posted by Pursuinghappiness View Post
                              Ok...so that's the difference with what I did then.

                              I filed 2010 as separated...then they re-assessed me married. I then filed my 2011 as married also but right after I filed, I sent in my request for re-assessment.

                              I paid what they said I owed (and for 2010 ended up paying back both my refund and allowed benefits) but I have now received all of that back.

                              I sent in the letter and support documentation (including CC brief, motions, etc to show that there was active litigation during those tax years and a letter from my lawyer). They then re-assessed those tax years and sent the re-assessment notice to benefits.

                              Both tax years got re-assessed to separated status and then benefits updated my net income amounts and re-assessed my eligibility for benefits. And I got a refund for what I paid.
                              I was hoping this would be the easier way without having to pay anything back and end up being reassessed.

                              We shall see.

                              Comment


                              • Here's my experience, though it was not a live-in separation so I'm not sure how relevant it is.

                                I filed as separated the first tax year after separation. My ex did as well, but neglected to update his address as having changed. He was moving around a lot and kept using my address so his mail would be stable. To RCA, I suppose it looked like an in-home separation? Anyway, after second year of filing as separated, RCA came at us saying they had reassessed us as still married and demanded proof that we lived apart. I could not easily prove that as I was not the one who moved, but my ex said he would handle it. I didn't pay back any of the money they were demanding. Repeatedly. Then they kept my tax refund for the following year to recoup it! It turned out my ex had not handled it as promised, so I sent them a ton of info detailing our separation, showing I had kept the house, that he had put a different address on our separation agreement even if he hadn't told RCA about it, that the utility bill was now in my name instead of his, etc. Everything I could think of. A few months later, it was all updated again and I got my refund. I don't know if my ex finally changed his address with them and that helped, but his RCA mail did stop coming to my house.

                                I don't think you have to redo your taxes yourself unless you filed them wrong. They will recalculate based on the new marital status. But you do have to send them everything you can think of that shows that you were separate families. It goes to RCA itself, and they send the new marital status to all the little sub-departments for CCTB and GST and all.

                                I have no idea how RCA handles housemates. I wonder if they try to demand proof that platonic friends who room together are not common-law?

                                Comment

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