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  • Question about Lines 305 and 367

    Hi,

    I've been reading the forums and there seems to be some knowledgable people in here, hope you can clear something up for me.

    Been separated for 3 years and pay child / spousal support for 2 kids and have them 50/50. Last year I was told that if I pay child support I can not claim either kid as a dependent (Line 305). Like many others, I'm really annoyed at this fact, but anyways....

    Now this year, after doing a lot of reading I'm still confident that I can not claim anybody for Line 305 but I'm not clear if I can still fill out Box 367 (Amount for children born in 1993 or later) for one (or both) of my kids??

    Can anyone shed some light on this?

    Much appreciated.

  • #2
    You can't claim either amount.

    Comment


    • #3
      Even in a 50/50 situation? We each claimed one child.

      Comment


      • #4
        Actually, if I understand this unreasonable situation correctly...in the FIRST year of separation, you can both claim a child in a 50/50 split. ALL subsequent years after, if you pay even $1 of child support, you can NOT claim either child but the other person can claim both.

        My only other question would be, can you claim one or both kids if you do not claim any spousal support? There is something in there like that but it is equally vague, to me anyways...

        Comment


        • #5
          In a 50-50 split, you would be using the offset method for child support. In that case, by the absolute letter of the law, NEITHER of you can claim the children (as technically you BOTH pay child support).

          It's a huge grey area, not currently enforced, and what typically happens in that you either each claim one kid, OR alternate years where you claim both.

          Comment


          • #6
            Hey NBDad,

            I don't understand. How can both people be considered to be paying child support when one actually doesn't?

            Are you saying in my situation I can claim one kid?

            Comment


            • #7
              Canada Revenue Agency: What are the situations in which you cannot claim the amount for an eligible dependant?

              Note
              If you and another person were required to make support payments for the child for 2010 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 provided 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.
              It's not really an "unenforced grey area", it is a poorly worded exception to the general rule made due to a court case won against the CRA a few years ago.

              lynx, the set-off method of CS means that each parent pays the other support, but the lessor amount is deducted from the greater to simplify payments. The principal is important to keep the responsibilities of each parent equal, that they exchange income information etc.

              Comment


              • #8
                Thanks,

                So, based upon that paragraph, the bottom line is I can claim a child as long as the other person is in agreement?

                Comment


                • #9
                  Actually, I don't think I can according to that document:

                  The claim is for a child for whom you were required to make support payments for 2010. However, if you were separated from your spouse or common-law partner for only part of 2010 due to a breakdown in your relationship, you can still claim an amount for that child on line 305 (plus any allowable amounts on lines 306, 315, and 318) as long as you do not claim any support amounts paid to your spouse or common-law partner on line 220. You may claim whichever is better for you.

                  The last paragraph is confusing, but I still don't know how it applies if one person is not paying any money for support.

                  Comment


                  • #10
                    I'd suggest calling CRA helpline then. The bottom line is that if there is 50/50 custody either parent, but not both, may claim the deduction. But I'm just some guy on the internet, you read a lot of shit on the internet. Take what I've posted and call CRA and get their clarification.

                    Comment


                    • #11
                      Just to followup, I called CRA and they said there is absolutely NO circumstance in which you can claim any child in a 50/50 split situation if you pay even $1 of child or spousal support.

                      So, you get to pay your ex (in my case anway) thousands of dollars throughout the year and then get screwed at tax time as well. Your ex can claim both kids.

                      I'm already broke because of all the monthly payments, and it is my humble opinion that this law is an utter disgrace.

                      Comment


                      • #12
                        Originally posted by lynx002ca View Post
                        Just to followup, I called CRA and they said there is absolutely NO circumstance in which you can claim any child in a 50/50 split situation if you pay even $1 of child or spousal support.

                        So, you get to pay your ex (in my case anway) thousands of dollars throughout the year and then get screwed at tax time as well. Your ex can claim both kids.

                        I'm already broke because of all the monthly payments, and it is my humble opinion that this law is an utter disgrace.
                        Wait a minute but doesn't that meant that she can not claim it too? I mean in 50/50 and offset amount she pay you to. Right?

                        Yea law just really @$@#@%@% ... that why they introduce that change when payer can not clam child support money as deduction and receiver as income... Generate million of monies ... add to that whet in most case that receive also receive all tax credits and in my case with income 0 what totally toes not make any sense

                        I am telling you - kid the only one what keep me from leaving that country what I really feel like betrayed me and did not deliver promises given under Welcome to Canada passage...

                        Comment


                        • #13
                          No, she can claim both kids, I confirmed that. I actually don't mind that so much because it will help her situation, we are on good terms. However, we *should* be able to take one kid each if it helps me from getting screwed, but someone came up with this "fantastic" law to prevent it...

                          Comment


                          • #14
                            Originally posted by dadtotheend View Post
                            You can't claim either amount.
                            Oops I didn't read the 50/50 bit. You can claim one child for eligible dependant and either of you can claim one or both for children under 17, as long as each child is only claimed once. If you can't agree, you will both be denied until you come to your mutual senses.

                            Originally posted by lynx002ca View Post
                            Just to followup, I called CRA and they said there is absolutely NO circumstance in which you can claim any child in a 50/50 split situation if you pay even $1 of child or spousal support.

                            So, you get to pay your ex (in my case anway) thousands of dollars throughout the year and then get screwed at tax time as well. Your ex can claim both kids.

                            I'm already broke because of all the monthly payments, and it is my humble opinion that this law is an utter disgrace.
                            Don't take the word of the general enquiries agents. They are often wrong.

                            Comment


                            • #15
                              I've had 2 different people at CRA tell me I can't now. Can you point me to where it says I can? I believe my ex will let me do it if it's legal enough.

                              Comment

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