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  • #76
    Just spoke to CRA and there is a letter in the mail denying me separated status as of Aug 7, 2011 because we lived together.

    I have not received the letter yet but it was sent June 20th. They will accept May 15th, 2013 as this was the day she moved out.

    So I'm not sure how best to proceed. This appears to be just for the benefits portion of CRA.

    Apparently there are instructions on the letter on how to appeal.

    I'm thinking I might try and resubmit my 2011 taxes and see what they say.

    Comment


    • #77
      [QUOTE=FB_;141093]Just spoke to CRA and there is a letter in the mail denying me separated status as of Aug 7, 2011 because we lived together.

      I have not received the letter yet but it was sent June 20th. They will accept May 15th, 2013 as this was the day she moved out.

      So I'm not sure how best to proceed. This appears to be just for the benefits portion of CRA.

      Apparently there are instructions on the letter on how to appeal.

      I'm thinking I might try and resubmit my 2011 taxes and see what they say.[/QUOTE

      I would resubmit, with all the details of your relationship, exact leaving arrangements, lawyer's bills, letters from people and so on....since it is a little 'grey' area at CRA you might get luckier next time. good luck.

      Comment


      • #78
        Originally posted by ele110 View Post
        Originally posted by FB_ View Post
        Just spoke to CRA and there is a letter in the mail denying me separated status as of Aug 7, 2011 because we lived together.

        I have not received the letter yet but it was sent June 20th. They will accept May 15th, 2013 as this was the day she moved out.

        So I'm not sure how best to proceed. This appears to be just for the benefits portion of CRA.

        Apparently there are instructions on the letter on how to appeal.

        I'm thinking I might try and resubmit my 2011 taxes and see what they say.
        I would resubmit, with all the details of your relationship, exact leaving arrangements, lawyer's bills, letters from people and so on....since it is a little 'grey' area at CRA you might get luckier next time. good luck.
        I already submitted all of that including police reports from October 2011 and April 2012 stating we were separated but living in the same house.

        How does one start a court action against the CRA. What court does it need to be filed in?

        Comment


        • #79
          FB: I only heard back from the non-benefits section of CRA so far on this issue...so I may have the same issue when I resubmit my taxes. They're updating my 2011 taxes to separated status and sending it on to benefits...so I won't find out for another few weeks though.

          I just had to send in a bunch of documentation because my one kid wasn't even properly registered for CCTB benefits. I had just always assumed I made too much money to get them. Many years we did except since separation...I qualify. The difference in benefits is substantial...either I'm eligible for about 18 months worth of benefits or about 3 years worth if they allow my separated status to apply...we'll see.

          It would be interesting if we both got a different result.

          Comment


          • #80
            Originally posted by Pursuinghappiness View Post
            FB: I only heard back from the non-benefits section of CRA so far on this issue...so I may have the same issue when I resubmit my taxes. They're updating my 2011 taxes to separated status and sending it on to benefits...so I won't find out for another few weeks though.

            I just had to send in a bunch of documentation because my one kid wasn't even properly registered for CCTB benefits. I had just always assumed I made too much money to get them. Many years we did except since separation...I qualify. The difference in benefits is substantial...either I'm eligible for about 18 months worth of benefits or about 3 years worth if they allow my separated status to apply...we'll see.

            It would be interesting if we both got a different result.
            CRA is a disaster.

            Different answers from different people. They told me it takes 6 weeks to update. I told them I sent the paperwork in in January. He put me on hold. Came back and said it's the benefits people. I can call them if I want.

            I have no doubt that both of us getting a different result could happen.

            Can't do much until I get the paperwork back.

            Comment


            • #81
              FB:

              What happened to me is that I sent in a letter with documents to request a change to my 2010 & 2011 marital status. Two months passed, then CRA called me at work to discuss and the lady on the phone let me know that they were approving that and would amend my 2011 return and send that on to the benefits people. She said once I received my re-assessment for 2011 in the mail that I needed to send in a request for adjustment form T1-ADJ - T1 Adjustment Request into CRA for 2010. I have not yet received my NOA for 2011. That call was about 3-4 weeks ago now...so I'm still waiting.

              At the same time, I was dealing with a CCTB issue because my youngest was never properly registered with them. So I had to send in a bunch of paperwork...they just got back to me two weeks ago to tell me that in addition to what I sent, they needed 3 letters from doctor, lawyer, school, etc to prove that the child resided with me and that I'm her guardian. I made a bunch of doctor's, dentist, lawyers appt and got that done in a couple days and sent it back 2 weeks ago. I've heard nothing back since.

              Soooo.....

              I'm expecting that what will happen is that once my CCTB stuff gets entered and then the re-assessments with the benefits portion of CRA gets caught up. I may have another argument on my hands regarding that I'm allowed the separated status but they won't backdate my benefits. I'm hoping they just allow it but I'm probably going to have to make a few calls.

              I still consider it pretty good news that I can declare single status for 2010 and 2011 because at least I'm eligible for some of my tax credits back.

              I'm keeping my fingers crossed that my CCTB allowances just happen since CRA allowed my status change. I'll update you either way on this thread to see if I get a different result than you do. I have a feeling that because of the order mine got done in, I might luck out but we'll see.

              Comment


              • #82
                I received the official letter today.

                Basically it states that I cannot change my marital status because as I indicated on my paperwork we lived together until May 15th, 2013.

                Since you have no been living separate and apart from your spouse or common-law partner for the required period of 90 days or more we can not update your marital status to separated

                After you have lived separate and apart from your spouse or common-law partner for at least 90 days, please confirm your date of separation by completing the area below and returning this letter to us.
                So I will be sending in form T400A - Notice of Objection.

                The courts have already determined in several cases already posted in this thread that you can be living "separate and apart" within the same house. That will be my basis for my objection.

                We shall see how it goes.

                Thanks

                Comment


                • #83
                  Did you receive that letter from the tax division of CRA or the CCTB, Trillium, etc benefits division?

                  Comment


                  • #84
                    W. Ouellet
                    Benefit Programs 4-3
                    Individual and Benefit Services Division.

                    On the phone yesterday I was told that this division handles all of the marital status changes.

                    Comment


                    • #85
                      Interesting.

                      I just got my mail and got a letter from CRA and it said this:

                      "Having carefully reconsidered the assessments with reference to the information and reasons set forth in your notice of objection, the Minister of National Revenue renders the following decision:

                      - as agreed recently, your objection is allowed

                      The basis of your objection is that you may claim a wholly dependent person.

                      A notice of reassessment will follow under separate cover."

                      I'm not sure if that means I can claim benefits for my youngest but I hope so. My notice came from the Appeals Division.

                      Comment


                      • #86
                        Originally posted by Pursuinghappiness View Post
                        Interesting.

                        I just got my mail and got a letter from CRA and it said this:

                        "Having carefully reconsidered the assessments with reference to the information and reasons set forth in your notice of objection, the Minister of National Revenue renders the following decision:

                        - as agreed recently, your objection is allowed

                        The basis of your objection is that you may claim a wholly dependent person.

                        A notice of reassessment will follow under separate cover."

                        I'm not sure if that means I can claim benefits for my youngest but I hope so. My notice came from the Appeals Division.
                        That's good news. IMO they can't allow one and not the other.

                        I think the thing that benefits us and will ultimately benefit anyone who appeals is that the Income Tax Act specifically states "living separate and apart" It's only the bulletins and Technical News which is their interpretation of the Income Tax Act and are in no way LAW.

                        There is plenty of case law as pointed out in this thread to challenge their "interpretation" of the Income Tax Act. I plan on taking it all the way to the tax court if required.

                        I've already written my notice of objection and hope to get it in the mail today.

                        Comment


                        • #87
                          That's good news. IMO they can't allow one and not the other.

                          I think the thing that benefits us and will ultimately benefit anyone who appeals is that the Income Tax Act specifically states "living separate and apart" It's only the bulletins and Technical News which is their interpretation of the Income Tax Act and are in no way LAW.
                          Well, like I said...I don't know that I'm out of the woods on this issue since the notice I got was from the appeals division and not the benefits division. I'm not sure if they're one in the same...so I may end up with another battle on my hands at some point in the near future.

                          I will tell you that when I sent in my documentation...per the advice of a poster on this forum, I put that I was requesting an "informal appeal" at the top of the letter I sent. The reason is that if you look on the CRA website, the formal appeals process is pretty in-depth, can cost money, and I heard that it flags you for future reference with CRA. So I would recommend that you try to just get it informally in front of the appeals division first before going all out with a formal appeal.

                          Comment


                          • #88
                            Originally posted by Pursuinghappiness View Post
                            Well, like I said...I don't know that I'm out of the woods on this issue since the notice I got was from the appeals division and not the benefits division. I'm not sure if they're one in the same...so I may end up with another battle on my hands at some point in the near future.

                            I will tell you that when I sent in my documentation...per the advice of a poster on this forum, I put that I was requesting an "informal appeal" at the top of the letter I sent. The reason is that if you look on the CRA website, the formal appeals process is pretty in-depth, can cost money, and I heard that it flags you for future reference with CRA. So I would recommend that you try to just get it informally in front of the appeals division first before going all out with a formal appeal.
                            Thanks,

                            I'll look into that.

                            EDIT:

                            I went by this

                            http://www.cra-arc.gc.ca/E/pub/tg/p148/p148-11e.pdf

                            I am going by the informal route aka "Objection"
                            Last edited by FB_; 06-27-2013, 11:41 AM.

                            Comment


                            • #89
                              Ok...so yesterday I got the letter that stated that my CCTB benefits got approved back to my D's birthdate which is good news...so for the years I'm eligible, I should be getting retroactive payments.

                              I'm hoping that this ends up including the 2 years that I got approved to now file separated during my in-home separation.

                              Apparently, CCTB checks get mailed out in July...so I'll update based on what gets mailed out to let you know if my appeal worked completely.

                              Comment


                              • #90
                                Originally posted by Pursuinghappiness View Post
                                Ok...so yesterday I got the letter that stated that my CCTB benefits got approved back to my D's birthdate which is good news...so for the years I'm eligible, I should be getting retroactive payments.

                                I'm hoping that this ends up including the 2 years that I got approved to now file separated during my in-home separation.

                                Apparently, CCTB checks get mailed out in July...so I'll update based on what gets mailed out to let you know if my appeal worked completely.
                                That sounds like good news.

                                I'm expecting a long wait for my informal appeal to be processed.

                                Comment

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