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Revenue Canada - "Separated"

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  • #46
    I do agree. The wording on legal separation in Canada for court differs than CRA's view of legal separation. It is possible to win this battle but with CRA, you are considered guilty of tax evasion first. I assume that with what has been in the news, it can only get worse.

    I'll keep you posted if I hear anything further.

    Comment


    • #47
      Revenue Canada Separated

      I fought mine case successfully by submitting:
      - letters of friends who are professionals
      - mediation agreement
      - mediation meeting minutes
      - lawyers bills (lots of those !)
      - separation agreement that stated clearly date of separation and living arrangements
      - emails to lawyers
      - details of the living arrangements and all the things we no longer did together

      I simply received a letter from CRA accepting my status. Since then, the ex has moved out.

      Good luck!

      Comment


      • #48
        So the question is are they upset over the separated status or over the fact that you were trying to claim dependent credits while still living together?

        I was told I could file separated but neither of us could claim dependent credits.

        Thanks

        Comment


        • #49
          Originally posted by oink View Post
          I think you and I can presume that this is where the problem stems from. The claiming of that dependent credit (back to the money motive again)
          I'm hoping they will confirm.

          Comment


          • #50
            I had problems with being audited as I seperated but lived in the inlaw suite for a while to help with financial situation and kids until things get finalized. I replyed with the situation and how the home had locks and seperate entrances and kitchens, only thing really shared was laundry which I access by going around through the garage to avoid contact with ex. I just replyed...3 times with same thing explaining the situation and finally after harrassing me they gave up and let me claim single and seperated....they were asking for all kinds of things to show legal seperate addresses and bills with different addresses etc, I just gave them a detailed explanation of the situation and they are happy....so far. Maybe it triggers the audit every year, not sure....my moving expenses triggered an audit as well 2 years before....and a random audit 2 yrs before that lol. Its a bit stressful being harrassed for all this proof and paperwork etc all the time, maybe they will give me a break soon.

            Comment


            • #51
              As I posted earlier, I fought CRA successfully by sending a detailed and well organized-documented file during our in-house separation. I hope this can help others. This is what I sent:
              - letters of friends who are professionals
              - mediation agreement
              - mediation meeting minutes
              - lawyers bills (lots of those !)
              - separation agreement that stated clearly date of separation and living arrangements
              - emails to lawyers
              - details of the living arrangements and all the things we no longer did together

              I simply received a letter from CRA accepting my status, within less than 2 weeks. All this, while the ex, for whatever reason, had filed taxes as 'still married'. I was able to claim an eligible dependent during that year.

              Comment


              • #52
                I was just thinking about this.

                Perhaps the best way to go about this is to file as separated without claiming the tax credits. Then later ask for an adjustment to the tax credits. This way there would be no penalties or interest. If you can prove your claim you get the money if they don't accept the change then technically you are not out anything and you could then file a court case against them if that's what you wanted to do.

                Just my thoughts.

                Comment


                • #53
                  I just sent in all my informal appeal stuff at the end of last week.

                  Obviously, it will take a bit to hear back from CRA on this. I didn't send it through the "appeals" center because they assess fees. I sent it with a letter and appropriate attachments to my normal tax office. It will be interesting to see if they even will look at it from there.

                  I'd actually even be fine not being able to claim the dependent credits. I just didn't want my ex's income attached to mine since I survived during in-home separation solely on my own employment income.

                  I will bump the thread when I hear something back.

                  Comment


                  • #54
                    Cra

                    It's been 7 months since I appealed CRA's decision to state that I was still married. I won that and proved that I was indeed separated and we were living apart but under the same roof. Here comes the most recent challenge. They indicated that I won my appeal but because he has a child and was receiving the child tax credit and I was receiving it for one child, the rules state that only one person per household claim claim it. So, if you rent out half of your house and they have children, they are not eligible to receive the child tax credit if you already are.

                    So, I won but I lost. They are also not allowing me to claim my son as a dependant even though I have proven that I was separated.

                    Any ideas?

                    Comment


                    • #55
                      Holy crap Elaine....it took 7 months to get that back?

                      Comment


                      • #56
                        They have received my paperwork but said it could take 4-8 weeks for a decision.

                        Who knows.

                        I told them yesterday that she officially moved out and they said I now need to wait 90 days.

                        Comment


                        • #57
                          FB:

                          I haven't gotten back anything from CRA and I sent two things in late April. A set of CTB documents for my youngest child and a set of documents for a request for an informal appeal of my marital status during in-home separation.

                          I've received no notice that they received either package.

                          If I don't hear anything in the next few weeks, I think I might call them.

                          The 90-day thing is correct. They consider you CRA separated once you're living apart for 90-days per their rules.

                          You'll just need to send in another marital status change form at that time.

                          Comment


                          • #58
                            We were separated but living under the same roof. When we finally moved to different addresses, I filed and said the date of separation was months earlier, as it was, as far as I was concerned.

                            So of course at this point we had different addresses, more than 90 days had passed, and as we had shared custody, they backdated the CCTB to the separation date months earlier.

                            I believe this won't work it passes the calendar year, and if the ex disputes the separation date it may be troublesome. But if it a question of a few months, they don't actually ask for the date you moved so the earlier date seems to work.

                            Comment


                            • #59
                              Exactly. So, only one person in each house can claim the child tax credit regardless of living circumstances. If your ex lived in the same house though and has no children, you don't have an issue. The issue though is if they have other children that they are receiving the tax credit for.

                              I now have to pay back the child tax credit for the past year and a half. No idea how I'm going to do that with the cost of child care. He has moved into another place in the past month so that issue is now resolved but I still owe that money back.

                              Part of the delay in getting a decision was that they took 4 months to contact me to say that I needed at least three letters from different people in authority stating that I was separated. So, police, minister, Supervisor, Daycare, etc. Would not accept letters from friends. I also had to provide other documentation, ie bills, bank statements, mortgage all showing only my name on everything to prove that it wasn't joint.

                              All that to be told I still have to pay it all back. Grrrrr Once I get the formal letter from them though, I am still going to challenge the legislation. It won't help me but it may help someone else if I succeed in having the wording changed.

                              Comment


                              • #60
                                Originally posted by elaineb13 View Post
                                Exactly. So, only one person in each house can claim the child tax credit regardless of living circumstances. If your ex lived in the same house though and has no children, you don't have an issue. The issue though is if they have other children that they are receiving the tax credit for.

                                I now have to pay back the child tax credit for the past year and a half. No idea how I'm going to do that with the cost of child care. He has moved into another place in the past month so that issue is now resolved but I still owe that money back.

                                Part of the delay in getting a decision was that they took 4 months to contact me to say that I needed at least three letters from different people in authority stating that I was separated. So, police, minister, Supervisor, Daycare, etc. Would not accept letters from friends. I also had to provide other documentation, ie bills, bank statements, mortgage all showing only my name on everything to prove that it wasn't joint.

                                All that to be told I still have to pay it all back. Grrrrr Once I get the formal letter from them though, I am still going to challenge the legislation. It won't help me but it may help someone else if I succeed in having the wording changed.
                                The following cases might be of interest to you

                                CanLII - 1980 CanLII 1537 (ON SC)

                                CanLII - 1999 CanLII 686 (SCC)

                                CanLII - 2008 TCC 104 (CanLII)

                                CanLII - 2010 TCC 547 (CanLII)

                                I would read the specifics of these cases and determine if you can fight back. It's certainly worth a little research.

                                I will be fighting to have everything back to Aug 2011.

                                Comment

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