So I have been told both yes and no from different CRA employees. And I know I have posted on this topic before. But CRA is reassessing me now, as I expected that they would.
2 kids, 50% at each home, payor paying offset amount of CS as well as SS.
Recipient has claimed child A as eligible dependant. My argument is (and one person I have spoken with at CRA has agreed with me on this, trying to reach her again though has been tough) that we are both technically paying each other CS, therefore the recipient receives the offset amount. Which then means that technically neither of us are allowed to make the eligible dependant claim. However, as has been mentioned here, and as I keep pointing out, there is that rule around "if you and another person were required to make support payments for the child for 2009 and as a result, no one would be entitled to claim the amount for an eligible dependant for the child, you can still claim this amount providing that you and the other person(s) paying support agree that you will be the one making the claim. If you cannot agree on who will claim this amount for the child, neither of you can make the claim".
As mentioned, in our situation, there are 2 children. Why can't we each claim 1 child as eligible dependant? They just keep saying, no...you (the payor) are paying child support and so no you can't make that deduction. To me, it seems as though the CRA reps I have spoken to do not understand the way that child support is calculated, and offset, when there is a shared custody situation.
Once and for all, am I mistaken? If not, any advice on how to sort this out? Thanks in advance. And apologies for beating this dead horse so badly...
2 kids, 50% at each home, payor paying offset amount of CS as well as SS.
Recipient has claimed child A as eligible dependant. My argument is (and one person I have spoken with at CRA has agreed with me on this, trying to reach her again though has been tough) that we are both technically paying each other CS, therefore the recipient receives the offset amount. Which then means that technically neither of us are allowed to make the eligible dependant claim. However, as has been mentioned here, and as I keep pointing out, there is that rule around "if you and another person were required to make support payments for the child for 2009 and as a result, no one would be entitled to claim the amount for an eligible dependant for the child, you can still claim this amount providing that you and the other person(s) paying support agree that you will be the one making the claim. If you cannot agree on who will claim this amount for the child, neither of you can make the claim".
As mentioned, in our situation, there are 2 children. Why can't we each claim 1 child as eligible dependant? They just keep saying, no...you (the payor) are paying child support and so no you can't make that deduction. To me, it seems as though the CRA reps I have spoken to do not understand the way that child support is calculated, and offset, when there is a shared custody situation.
Once and for all, am I mistaken? If not, any advice on how to sort this out? Thanks in advance. And apologies for beating this dead horse so badly...
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