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  • Income tax returns

    I need someone to tell me definitely a "rule" on this.

    My partner and his ex have been exchanging returns for five years now. We file our returns electronically and I download the file, save the four pages as a pdf and he ships it off to her. He hasnt filed a mail in return in years. They did them via accountant electronically.

    Last year she demanded a signed copy of his return. Their agreement says "exchange returns as filed..." His lawyer said dont black out the SIN. Thats all we've been told.

    She sent him a jumbled copy of her return and he told her to resend it properly with all pages (she screws it up every year and this year one page was missing). Her response was in the vein of you need to show good faith here since I showed you good faith. No, you finally followed the agreement and sent the full proper file.

    Do you have to send a signed copy or is the electronic copy provided by the tax software enough?

  • #2
    I use a tax software and it has a statement at the end that I need to checkoff and date that all that I've entered is true. Revenue Canada doesn't require a signature so I don't understand why his ex would?

    I would understand if she wanted copies of the supporting documents (t4, receipts, t5 etc )but I wouldn't volunteer those unless it was specified in their agreement.

    Do they follow-up with exchanging NOA's? That would certify that the return was correct. Anyone can file an adjustment (T1J) after their return - the NOA would be verification that the return is correct and complete.

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    • #3
      Nope just the return as filed. Its the document from the software and it says ufile on it. Shes being ridiculous and coming up with new things that she can claim hes not adhering to!

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      • #4
        I should also add that his taxes are moot since hes paying cs on his higher income. His taxes are less than half his current income.

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        • #5
          I wouldn't worry about it too much then. Provide what the agreement states and any changes that may come up through the year.

          I did ask my lawyer about this and she didn't say there was any hard and fast rule. Every situation is different and the agreement should reflect what each party needs to make sure they are fully informed. If you've done that then it's all that is required.

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          • #6
            Ya his lawyer said to not black out the sin number. This signature bs came about last year. She likes to make up new rules and then pull the "not working in good faith" card.

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            • #7
              Why exchanging tax returns and not NOA's? Your partner or his ex could file one return, send it to the ex, then file a revised return with CRA.
              Hopefully you will also be filing NOA's?

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              • #8
                dinkyface is correct - this is exactly what my ex has done in the past.

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                • #9
                  Their agreement says tax returns. He could send the noa too but she refuses. Like I said though, his t1 isnt proper proof of his income and he sent all that info to FRO.

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                  • #10
                    Originally posted by rockscan View Post
                    Their agreement says tax returns. He could send the noa too but she refuses. Like I said though, his t1 isnt proper proof of his income and he sent all that info to FRO.
                    Doesn't really matter what the order says. The Federal Child Support Guidelines set out what needs to be exchanged. So long as you are providing one of the documents in a timely manner that the FCSG sets out you are ok.

                    See Rule 21:

                    Federal Child Support Guidelines

                    I would only send NOA. As well, you can always send over a copy that is noterized with all the blackouts of the personal information. Reality is that the other party already knows your SIN number probably and has tax paperwork from previous years.

                    The other party is just being annoying.

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                    • #11
                      Originally posted by rockscan View Post
                      Their agreement says tax returns. He could send the noa too but she refuses. Like I said though, his t1 isnt proper proof of his income and he sent all that info to FRO.
                      Yes it is. See Rule 21.

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                      • #12
                        Originally posted by rockscan View Post
                        Ya his lawyer said to not black out the sin number. This signature bs came about last year. She likes to make up new rules and then pull the "not working in good faith" card.
                        Just tell the lawyer that you have satisfied the requirements under Rule 21 of the FCSG and if they would like they can proceed to motion and to kindly provide you the dates for the hearing. That usually shuts them up.

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                        • #13
                          Its not his lawyer or even her lawyer. Its her. She likes to do this. She interprets the agreement however she sees fit and then makes demands and starts spouting that he refuses to follow the agreement. He ALWAYS sends the documents on time as per the agreement. She is just pulling this to stir up shit. Plus she was mad that he called her on sending him a photograph (you read that right) of her taxes. Then the kids get involved telling him hes being an assholes for making her send the proper info and saying shes not following the agreement when he isnt doing it either (he is, she doesnt agree with the terms, follows what she wants or says the kids made the decisions). Its stupid and ugly and unnecessary. I just wanted to see if there was a hard and fast rule on it that I was missing in the FCSG or their agreement.

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                          • #14
                            Originally posted by rockscan View Post
                            Its not his lawyer or even her lawyer. Its her. She likes to do this. She interprets the agreement however she sees fit and then makes demands and starts spouting that he refuses to follow the agreement. He ALWAYS sends the documents on time as per the agreement. She is just pulling this to stir up shit.
                            It is with respect that I say this rockscan as you are a very valued contributors.

                            You are falling into the conflict trap. Until such time the other party makes a real move, like filing a motion, it is all nonsense that you should /ignore. Until such time the other party actually seeks to have the agreement enforced then it is all "stuff" you should /ignore. I would drop the communication with the other party regarding this matter and wash your hands clean of their nonsense.

                            You are getting sucked into the emotional cycle that the other party wants. They are not doing this because of an agreement or their belief of the agreement. They are doing this to create conflict and for no other matter. It doesn't matter if they are right or wrong in the matter. So long as they get you freaking upset they win. Don't let them freaking win.

                            Originally posted by rockscan View Post
                            Plus she was mad that he called her on sending him a photograph (you read that right) of her taxes.
                            This is why they need to change the system so financial exchange when agreed or ordered just happens through Revenue Canada and not the parties themselves. There is no technological reason they couldn't do this... (Revenue Canada)

                            Originally posted by rockscan View Post
                            Then the kids get involved telling him hes being an assholes for making her send the proper info and saying shes not following the agreement when he isnt doing it either (he is, she doesnt agree with the terms, follows what she wants or says the kids made the decisions).
                            Not much you can do if the other parent involves children that are >16y.o. with this kind of nonsense. The only saving grace is hopefully they go to university, college or trade school in another jurisdiction so they can escape the nonsense.

                            Originally posted by rockscan View Post
                            Its stupid and ugly and unnecessary. I just wanted to see if there was a hard and fast rule on it that I was missing in the FCSG or their agreement.
                            No you are not missing anything technically. Emotionally I would recommend you stop engaging with the other party and simply state the disclosure was provided and to advise them to seek independent legal advice if they are unhappy with what was provided.

                            Remember, CS will eventually end... There will be a day when you won't have any interaction with the other party as the children will be adults. You may see that person at one of the children's weddings or a special event but, those incidents you can count on two hands once they are >18y.o.

                            Remember that... It will all go away one day. CS isn't usually forever. (Extreme cases of disabilities etc it can be but, very rare.)

                            Good Luck!
                            Tayken

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                            • #15
                              All valid Tayken. All things I tell him. I have to keep reminding him the kids are brainwashed and he wont get anywhere fighting with them. He tends to forget sometimes and its a matter of getting him off track. His ex knows how to pick at him and then say stuff to the kids that makes him upset. As I keep reminding him, she has avenues if she thinks hes not following the order/law and she has done nothing because he has done no wrong. My common saying in the house is "hit the ignore button and move on". His major upset is that she had their teen do the scanning and sending to him when she should have done it herself. This leads to resentment on their part which isnt fair.

                              Thanks for the advice. I appreciate it. Even the level headed ones tend to fall down the rabbit hole sometimes!

                              Comment

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