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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 05-02-2016, 06:53 PM
rockscan rockscan is offline
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Default 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?
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Old 05-02-2016, 08:38 PM
momof2teenboys momof2teenboys is offline
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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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Old 05-02-2016, 09:10 PM
rockscan rockscan is offline
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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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Old 05-02-2016, 09:14 PM
rockscan rockscan is offline
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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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Old 05-02-2016, 09:24 PM
momof2teenboys momof2teenboys is offline
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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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Old 05-02-2016, 09:29 PM
rockscan rockscan is offline
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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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Old 05-03-2016, 12:14 AM
dinkyface dinkyface is offline
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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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Old 05-03-2016, 07:33 AM
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arabian arabian is offline
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dinkyface is correct - this is exactly what my ex has done in the past.
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Old 05-03-2016, 08:07 AM
rockscan rockscan is offline
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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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Old 05-04-2016, 09:40 AM
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Quote:
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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