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Family Law VS CRA...I am confused, please help!

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  • Family Law VS CRA...I am confused, please help!

    I am new to the forum, so if I am being redundant please forgive me. My main query is that I am confused between the "rule" from the Canada renevue Agency that says if I am living with someone in a relationship for more than 12 months I MUST claim common-law status...BUT if I am understanding what I have read here so far, I am only considered common law if it is 3 years or more...someone please shed a light on this for me.

    Innervoice
    Ontario, canada

  • #2
    CRA considers you common law after 1 year. But i know OSAP only considers common law after 3. first link if from CCRA and other is from OSAP


    http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/prsnl-nf/mrtl-eng.html
    http://osap.gov.on.ca/eng/not_secure/0607/define0607

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    • #3
      Thank you for the quick reply, jackal. The confusion however for me is still this...if under family law I am not common law until it is 3 years or more, why must I claim common law after only one year? Seems that CRA and the law contradict eachother.

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      • #4
        It's not that they contradict each other, but that the two time limits serve different purposes under different legislation.

        For income tax and related benefits (GST, CTB, UCCB) purposes, you are common-law after one year.

        For family law purposes (e.g. division of property, support) you are common-law after three years.

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