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  • complete tax return

    In the past I had forwarded the letter to my ex, that I had received from my lawyer that stated the complete tax return in our agreement includes all materials and schedules. My ex refused to provide this information so I was forced to request 3 years of tax returns including all materials included based on the guidelines within 30 days. I had requested all complete signed tax returns including all schedules and attachments as well as all assessments and reassessments.

    The material provided to me was:
    -3 years of T4's
    -3 years of unsigned or undeclared T1's, that does not show the breakdown of non-refundable credits (eligible dependent, child credit, or sec. 7 expenses to be taken into effect after tax credits).
    -statement of account shows a recalculation of credits, however there was no reassessment provided showing what happened to the child credit and eligible dependent for the previous year. We had both claimed the same because there was a refusal to agree, I had provided my reassessment to her however she denies that she had received one. Corrections were made to her return because of the failure to claim common-law, so she would of had to of been denied eligible dependent.
    -Her mentioning of a second job on numerous occasions, but not showing any income makes things fishy also.

    After numerous requests and attempts to obtain full disclosure, a motion seems to be the next step. Does this seem to be sufficient grounds? And would it seem fair to claim legal fees and my expenses to pursue this over the past 18 months?

  • #2
    Originally posted by SRT View Post
    In the past I had forwarded the letter to my ex, that I had received from my lawyer that stated the complete tax return in our agreement includes all materials and schedules. My ex refused to provide this information so I was forced to request 3 years of tax returns including all materials included based on the guidelines within 30 days. I had requested all complete signed tax returns including all schedules and attachments as well as all assessments and reassessments.

    The material provided to me was:
    -3 years of T4's
    -3 years of unsigned or undeclared T1's, that does not show the breakdown of non-refundable credits (eligible dependent, child credit, or sec. 7 expenses to be taken into effect after tax credits).
    -statement of account shows a recalculation of credits, however there was no reassessment provided showing what happened to the child credit and eligible dependent for the previous year. We had both claimed the same because there was a refusal to agree, I had provided my reassessment to her however she denies that she had received one. Corrections were made to her return because of the failure to claim common-law, so she would of had to of been denied eligible dependent.
    -Her mentioning of a second job on numerous occasions, but not showing any income makes things fishy also.

    After numerous requests and attempts to obtain full disclosure, a motion seems to be the next step. Does this seem to be sufficient grounds? And would it seem fair to claim legal fees and my expenses to pursue this over the past 18 months?
    Why do you need the complete returns? Most people exchange the notice of assessment as it would have the taxable income that most use to calculate income for the purposes of support/S7.

    Comment


    • #3
      Originally posted by DowntroddenDad View Post
      Why do you need the complete returns? Most people exchange the notice of assessment as it would have the taxable income that most use to calculate income for the purposes of support/S7.
      Sec 7 (3) - the court must take into account any subsidies, benefits or income tax deductions or credits relating to the expense, and any eligibility to claim subsidy, benefit or income tax deduction or credit relating to the expense.

      Tax law states that in a shared custody agreement both parties have to agree on which credits are to be applied for and by whom, or neither is eligible to claim.

      The agreement was made stating complete income tax returns, to ensure the compliance of this. Pretty hard to ensure this and to prevent audits etc. when not providing full disclosure just makes it a free for all.

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      • #4
        My agreement states we must exchange tax returns AND NOA's. I think this is pretty standard.

        Comment


        • #5
          Originally posted by HappyMomma View Post
          My agreement states we must exchange tax returns AND NOA's. I think this is pretty standard.
          Mine also states all reassessments, which I am not getting.

          Comment


          • #6
            Our order states for us to exchange tax returns and NOAs yearly. Each year I provide mine, and each year, ex refuses to provide any of it.

            Comment

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