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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #101  
Old 08-12-2013, 02:08 PM
Pursuinghappiness Pursuinghappiness is offline
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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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  #102  
Old 08-13-2013, 10:41 AM
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Quote:
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.
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  #103  
Old 08-13-2013, 12:15 PM
Pursuinghappiness Pursuinghappiness is offline
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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.
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  #104  
Old 08-13-2013, 01:01 PM
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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.
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  #105  
Old 08-13-2013, 02:29 PM
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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?
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  #106  
Old 08-13-2013, 10:23 PM
sookiestakehouse sookiestakehouse is offline
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So I'm going through this process and sent my information to CRA proving my marital status as my ex spouse decided in their infinite wisdom to file married.
I'd like to thank everyone for sharing their experiences and information on this forum as it has been enlightening to say the least and a tremendous help to me. Now for the waiting game.... I should hear back within the next couple weeks so wish me luck! If not than I'm going to take the next step and appeal it.

What a living nightmare.... And just when you thought the separation process was horrible.
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  #107  
Old 08-14-2013, 10:22 AM
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I went ahead and submitted my 2012 taxes today.

I claimed separated
I claimed one child as a eligible dependent
I claimed 20% of my 2012 legal fees to establish child support payments (as a recipient - Set-off). My order specifically states she pays me x and I pay her y.

I now also have to go back and adjust my 2011 taxes although that seems a little more difficult.
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  #108  
Old 08-14-2013, 11:24 AM
Pursuinghappiness Pursuinghappiness is offline
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FB:

I'm sure there's more than one way to skin a cat with regard to CRA. I think if you just file separated, they'll end up sending you a package with a questionnaire to prove it.

Like I said, I just paid the fees (it was around 5-6k total) and then asked for re-assessment. If you do it the way I did, you have to fill out the adjustment request which triggers them looking at your return: T1-ADJ - T1 Adjustment Request

As I stated, I also sent a letter and proof documentation. At one point when CRA called me, I told them I could send more and the rep on the phone said "please don't.." because I sent everything I could think of in legal docs to prove my case.

Maybe it was just a case of the squeeky wheel getting the grease but I can tell you, its been a nice summer with all the $ I've gotten back.
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  #109  
Old 08-14-2013, 11:27 AM
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Quote:
Originally Posted by oink View Post
Rioe...I am sure you meant CRA in your post above?
Haha, yes I did, and it's too late to edit - drat! I was trying so hard not to put RCT as I knew that was wrong...
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  #110  
Old 08-14-2013, 12:00 PM
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Quote:
Originally Posted by Pursuinghappiness View Post
FB:

I'm sure there's more than one way to skin a cat with regard to CRA. I think if you just file separated, they'll end up sending you a package with a questionnaire to prove it.

Like I said, I just paid the fees (it was around 5-6k total) and then asked for re-assessment. If you do it the way I did, you have to fill out the adjustment request which triggers them looking at your return: T1-ADJ - T1 Adjustment Request

As I stated, I also sent a letter and proof documentation. At one point when CRA called me, I told them I could send more and the rep on the phone said "please don't.." because I sent everything I could think of in legal docs to prove my case.

Maybe it was just a case of the squeeky wheel getting the grease but I can tell you, its been a nice summer with all the $ I've gotten back.
I'm working on sending in the T1-ADJ now for 2011.
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