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Revenue Canada - "Separated"

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  • #31
    Wow, I'd fail on some of those and my ex has been moved out for just over three years. But I would not believe CRA has the time and resources to individually evaluate every separated couple who are still stuck in the same house. They just blanket deny what they consider inappropriate claims.

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    • #32
      So since I am claiming separated this year. Who claims the child care expenses.

      Is it always the lower income earner? My daycare provider is about to send us our receipt which is around $3000.00, so can I get her to split it according to our S7. expense ratio or does she get to claim it every year no matter what.

      I do know that s7 is split after tax deduction. Just not sure who get to deduct it?

      Thanks

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      • #33
        Just wanted to bump this thread to see if anyone has any additional information.

        I'm really wondering whether or not I should re-open my initial 2010 tax return to see if I could re-qualify for separated status from my in-home separation if I fight it again.

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        • #34
          I called the CRA and spoke to them. They said we can defiantly file separated but would not be able to claim any of the dependent claims. Lower income earner would have to claim all the child care expenses etc. So basically I can change the married label but don't get any of the benefits. I'm still deciding how to proceed.

          stbx asked me to do her taxes this year while I am doing mine. Not sure how to handle that.

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          • #35
            I assume that would change when you are living separate correct? I also assume the reason that is, is because you are still technically only maintaining one household. But- does your income still get included when doing the calculations?

            As for doing her taxes... if you do, you can at least maintain a copy and you will know her income

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            • #36
              Originally posted by Berner_Faith View Post
              I assume that would change when you are living separate correct? I also assume the reason that is, is because you are still technically only maintaining one household. But- does your income still get included when doing the calculations?

              As for doing her taxes... if you do, you can at least maintain a copy and you will know her income
              They said we would not have to include the others income.

              I would also be able to print two copies of her tax return. One with child care and one without.

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              • #37
                Originally posted by oink View Post
                How would you be able to print copies of her tax return, through a consent?
                As per my previous post she asked me to do her taxes for her.

                It's just a T4 and a uccb and child care expenses. Not a difficult task.

                The question is should I.

                I don't want to be blamed for a mistake, even though it's about as straight forward as they come.

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                • #38
                  OK FB...thanks.

                  I guess I have nothing to lose to try to make a call to CRA to see if I can get some clarification on this.

                  What's really making me a little irritated is that I keep getting conflicting answers.

                  The accountant initially told me to claim separated....then I got hit with the bill...CRA told me I couldn't. Then I went to my lawyers office and my lawyer said that most of her clients successfully claim separated status living in-home with the other spouse.

                  Then there are a number of Canlii cases where litigants have successfully challenged the CRA rule. Its just extremely "gray."

                  Anyway, I've already paid the outrageous bill now so it hurt hurt to try again, I guess.

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                  • #39
                    Originally posted by Pursuinghappiness View Post
                    OK FB...thanks.

                    I guess I have nothing to lose to try to make a call to CRA to see if I can get some clarification on this.

                    What's really making me a little irritated is that I keep getting conflicting answers.

                    The accountant initially told me to claim separated....then I got hit with the bill...CRA told me I couldn't. Then I went to my lawyers office and my lawyer said that most of her clients successfully claim separated status living in-home with the other spouse.

                    Then there are a number of Canlii cases where litigants have successfully challenged the CRA rule. Its just extremely "gray."

                    Anyway, I've already paid the outrageous bill now so it hurt hurt to try again, I guess.
                    It would help if everyone used the same terms. The CRA clearly has a different goal than the courts all they want is more money. I'm sure if I called back I would get a different answer.

                    I wonder if it's easier we both tax payers are on the same page.

                    If we both agree what we are doing and are both willing to fight for it if it would make a difference.

                    Comment


                    • #40
                      Originally posted by FB_ View Post
                      I called the CRA and spoke to them. They said we can defiantly file separated but would not be able to claim any of the dependent claims. Lower income earner would have to claim all the child care expenses etc. So basically I can change the married label but don't get any of the benefits. I'm still deciding how to proceed.

                      stbx asked me to do her taxes this year while I am doing mine. Not sure how to handle that.
                      I was also always the tax-doer in our household, so after separation, my ex asked me to do his. I asked my lawyer if this was wise, and he said not to do it, that we were apart now and doing things like that could muddle the financial separation.

                      What we did in the end was that he bought his own copy of the software I used, and I walked him through it. It did have the advantage that I found out what his income was that year. Since then, he's been doing his taxes on his own and I haven't got a clue.

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                      • #41
                        im going through the same issues here, they denied we are seperated and then added back around 4000 dollars to my income that she received. i also have to pay back hst credit trillium bennifit and there was something else. very frustrating

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                        • #42
                          I have filed separated for the past two years but we maintain the same address. The house is split up so he resides in the lower portion. Canada Revenue Agency has recently come back and changed my status to married and sent me a bill for $2,800. I appealed the decision through the informal appeal process. I just received a call last week asking for some documents. I need a few letters from people of authority stating that they were aware of my separation and also bills showing the change from our name to my name. That's a problem since everything has always been in my name but I am sending copies of everything to show his name was never on anything. The problem I have is that I am a private person. I have been divorced before so this time around, I never really spoke to anyone about it, especially not my employer.

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                          • #43
                            I have filed separated for the past two years but we maintain the same address. The house is split up so he resides in the lower portion. Canada Revenue Agency has recently come back and changed my status to married and sent me a bill for $2,800. I appealed the decision through the informal appeal process. I just received a call last week asking for some documents. I need a few letters from people of authority stating that they were aware of my separation and also bills showing the change from our name to my name. That's a problem since everything has always been in my name but I am sending copies of everything to show his name was never on anything. The problem I have is that I am a private person. I have been divorced before so this time around, I never really spoke to anyone about it, especially not my employer.
                            Hi Elaine:

                            I'm going to be trying this route too to see if I can appeal my decision. I talked to someone on the phone last week and am starting the process tomorrow to see if I can end up getting this decision overturned.

                            Please keep the thread updated on your success status...I'll do the same.

                            (By the way, I got a $4500 bill that I paid back last year...)

                            Comment


                            • #44
                              Make sure you put in writing that you want to appeal through the informal appeal process and I believe you only have a certain window to appeal but it's worth a shot. Through the formal process, they can bill you for their time. I am getting one letter from someone in finance that was aware of my separation, one letter from a child care worker and sending them my mortgage documents and copies of utililities bills with my name on them. I also have a copy of a better business bureau complaint from last year where I was sent to a collection agency over my ex's cell phone bill because his account was linked to mine. I'm hoping that it is sufficient.

                              What was requested was a letter from a police officer, minister, supervisor, etc. Almost like getting your passport, you need something from 2 or 3 people.

                              When you send the letter requesting the appeal, you have to clearly indicate that the residential space in the house is separate, ie you don't do things together, no common area, each with their own living space. You don't eat meals together, etc. It would also be helpful if you sent the documentation with the request for appeal to speed things up.

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                              • #45
                                Thank you. I'll forward my letter with the "informal" request.

                                I'm also planning to send in copies of our court orders...including under oath transcript copies from our questioning in which it states our living arrangements under oath...ie, I didn't cook dinner, eat with him, do his laundry, etc.

                                I'm hoping that helps.

                                I'm actually not expecting to have any resolution on this. I've already paid the money back. I just want to send in the crap so that they get enough of a continuing problem on this that they clarify the rules in the future.

                                I think its just f'ing ridiculous that there's this much divorce going on, that family court FORCES you to reside in the same residence during separation so you don't lose your kids, then you have different rules with CRA...and they're screwing people with thousands in fines. Its complete nonsense and people undergoing the divorce process are suffering and paying enough in legal fees not to add this crap into the mix.

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