CRA P102 Support Payments Tax Guide and Question About Claiming Legal Fees

[samantha4692]

Reading P102 is awesome! I phoned CRA today for info and she directed me to the guide. I'm learning so much about what's considered as a support payment that will save both my ex and I (we're amicable so far) mega at tax time. I highly recommend reading the guide.

https://www.canada.ca/en/revenue-age....html#PayPrior

My question:

The CRA agent told me (not her area of expertise) that she didn't think the lawyer could charge for the tax form to allow us to claim legal fees. She suggested I contact the law society. I checked law societies website and couldn't find the info.

If I request a tax form or statement from my lawyer for income tax purposes indicating the amount paid to my lawyer regarding support payments can my lawyer charge me for that, or is it one of those things that they aren't allowed to charge for.

Thanks!

[denbigh]

I don’t think so but I am not sure? My lawyer just gave me a letter with the amount to be used on my tax, prior to that I didn’t realize I could, and it made a significant difference come tax time. I didn’t go back and look at my bill to see if she charges me, but I thought no one can charge you for any receipt needed for income tax purposes,

[rockscan]

It wouldn’t hurt to ask your lawyer. If you aren’t sure about fees you could probably check with the provincial law society. It may be a case similar to doctors. They can charge to release medical records but those charges are subject to their decisions and could be claimed as photocopying fees etc.

Remember though that legal fees are only deductible if they were spent to get child support and if you receive spousal, that is claimed as income.

[samantha4692]

Thank you so much, denbigh and Rockscan