Revenue Canada - "Separated"

[FB_]

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.

Interesting I sent in several police reports with my letter and all of them stated we were separated and going through a custody battle. I wonder if that will be the key for me.

[Pursuinghappiness]

Well good news.

CRA called me at work yesterday to let me know that they're going to allow me to claim separated status for the 2 tax years covered by my in-home separation and will be re-assessing both tax returns that are applicable.

Well, technically...they're doing one year and I have to send in another form for the other year since it was actually outside of the time allowance for an informal re-assessment but they're going to allow me to do it once the one re-assessment is completed.

The CRA rep on the phone yesterday could not advise me what what means as far as benefits go because she will send them to that department next and they'll assess me as far as benefits separately but, at least, I get to remove my ex's income from my tax return.

I will update once I find out what benefits is going to do.

[FB_]

Well good news.

CRA called me at work yesterday to let me know that they're going to allow me to claim separated status for the 2 tax years covered by my in-home separation and will be re-assessing both tax returns that are applicable.

Well, technically...they're doing one year and I have to send in another form for the other year since it was actually outside of the time allowance for an informal re-assessment but they're going to allow me to do it once the one re-assessment is completed.

The CRA rep on the phone yesterday could not advise me what what means as far as benefits go because she will send them to that department next and they'll assess me as far as benefits separately but, at least, I get to remove my ex's income from my tax return.

I will update once I find out what benefits is going to do.

That's great news. My documents are still "in progress" and I cannot get any information from them.

edit: I will not be filing my 2012 taxes until I have something confirmed one way or another.

[elaineb13]

That is excellent, I am so happy that it worked out for you. At least this forum with give others hope if they find themselves in similar situations.

My ex has since moved but I got a letter from CRA indicating that they have disallowed my childcare receipts because both of our names were on the receipts. I have since gotten new copies of receipts with only my name so hopefully it will reduce what I have to pay, they were sent today.

Dealing with CRA can be quite frustrating.

[Pursuinghappiness]

Thank you FB.

They told me that they're doing the 2011 return there and then when I get the re-assessment for that back in the mail to send in a T1 adjustment request form T1-ADJ - T1 Adjustment Request (on which I will simply remove my ex's income) and send that in to them and they'll amend that return also.

They're basically changing my "separated" status date per the date I requested.

As I said, I do not know what this means to my benefits but I will find out soon and update the post.

[elaineb13]

You level of income will be lower and you should also be able to claim your child as a dependant further lowering your income bracket. Would increase allowable amount for child tax benefit and you may qualify for GST/HST now.

[FB_]

Thank you FB.

They told me that they're doing the 2011 return there and then when I get the re-assessment for that back in the mail to send in a T1 adjustment request form T1-ADJ - T1 Adjustment Request (on which I will simply remove my ex's income) and send that in to them and they'll amend that return also.

They're basically changing my "separated" status date per the date I requested.

As I said, I do not know what this means to my benefits but I will find out soon and update the post.

Allowing the dependent credit will be key...This is where all the money is. Did they not come after you for this amount, thus your appeal?

[Pursuinghappiness]

Yes, exactly Elaine because I had to pay all of that back...ie, trillium benefit, etc.

I'm having another pickle with them now because my youngest child was never claimed for UCCB and CTB purposes (my ex was supposed to handle this). I assumed I never received benefits because our income was too high...which it was for many of the years. However, I'm still not receiving them now I'm separated and my income is lower because she isn't registered with them.

I sent in a pack of paperwork back in April including a letter from my lawyer...however, they sent a letter yesterday requesting 3 pieces of information basically proving that I'm the mother and that the child lives primarily with me.

Total pain in the ass. I have requested a letter from the school and am trying to get into my doctor's office so I can do the same and I guess I'll re-send the letter from my lawyer which will make up 3 pieces of documentation.

I wish Maury Povich did maternity tests...I could send them the video saying "You ARE the mother!"

I also considered sending them pictures of my stretch marks but some of them are from my other kid and its hard to identify which is which these days.

The good news is that once I finally get this done, I should be eligible for a nice amount of retro CTB benefits including hopefully the two tax years I'm revising. It would be nice if this got done in time for Christmas this year.

[FB_]

You level of income will be lower and you should also be able to claim your child as a dependant further lowering your income bracket. Would increase allowable amount for child tax benefit and you may qualify for GST/HST now.

Agreed.

online in "My account" it states that an application for CCTB & UCCB & GST has been started.

I do NOT qualify for GST.

The calculator states I could get $58 in CCTB and I will get half of the UCCB until Sept 2014 (Daughter turns 6)

[Pursuinghappiness]

By the way, on a related note. In my separation agreement, it states that although we have amended joint custody (ie, I make final decisions in the event of a dispute)...that my ex won't be claiming any CTB benefits in Canada because he claims in the USA. I take the full CTB benefit here and he takes the full one in the States. He also wouldn't be eligible for it anyway because he's the higher income earner so pays offset CS to me.

Should I bother sending that in or will it just muddy the waters with the benefits people?

[FB_]

By the way, on a related note. In my separation agreement, it states that although we have amended joint custody (ie, I make final decisions in the event of a dispute)...that my ex won't be claiming any CTB benefits in Canada because he claims in the USA. I take the full CTB benefit here and he takes the full one in the States. He also wouldn't be eligible for it anyway because he's the higher income earner so pays offset CS to me.

Should I bother sending that in or will it just muddy the waters with the benefits people?

As pointed out Tax law trumps any thing you agree upon in an agreement or even a court order.

The USA thing does throw a wrinkle in. However my assumption is if he applies for it to be shared and qualifies for your's will be cut in half.

Who pay's the off-set is irrelevant it's based totally on shared access.

This is how I understand it. If CRA and IRS both consider him eligible then he can claim both. I'm assuming his US eligibility would cause him to not be eligible in Canada

[elaineb13]

I would hold off on sending them any further documentation unless absolutely necesary. Sometimes they'll read something into it that you send in to help your case and it ends up making it worse.

If I recall, I thought I read somewhere on the child tax benefits that if you are late filing for it, they will not make it retro-active, it was the parents responsibility. Don't get to excited until you get your new revised assessment.

And yes, I have to pay back the child tax credit for almost two years which is very painful to try to do. Looking at trying to secure a part time job in the evenings to try to pay that back quicker and help with daycare costs. . OMG nothing is ever easy. Went from getting $3,000 back to owing that much.

[Pursuinghappiness]

If I recall, I thought I read somewhere on the child tax benefits that if you are late filing for it, they will not make it retro-active, it was the parents responsibility. Don't get to excited until you get your new revised assessment.

That's not what they told me either by phone or in the letter they sent. They just told me that they needed more documentation.

So far, I've called the school, the dentist and am trying to get in a call to the doctor's office. I already had a letter from my lawyer...so hopefully that will be enough information for them.

The USA thing does throw a wrinkle in. However my assumption is if he applies for it to be shared and qualifies for your's will be cut in half.

He didn't apply for them so hopefully it won't be an issue. He was fine with the agreement that I claim here and he claims there. He gets a much bigger benefit here and if he screwed me up by claiming here...I could do the same thing to him in the US...so he won't and hasn't.

The benefit wouldn't help him much anyway. He pays me CS...which I was told makes a difference and his income is too high anyway.

I think I'm just going to send in the letters I collected and skip the separation agreement unless they request further information. I'm the primary residence and the child spends the majority of the time with me. My address is the one showing on all her documentation.

And yes, I have to pay back the child tax credit for almost two years which is very painful to try to do. Looking at trying to secure a part time job in the evenings to try to pay that back quicker and help with daycare costs. . OMG nothing is ever easy. Went from getting $3,000 back to owing that much.

I had to pay back both $3800 in CRA taxes plus all the trillium, hst benefits..it sucked. It took me a year to get it all paid. I worked out a payment plan with CRA monthly. They were pretty good about making the payment something I could handle. I finally got it all paid in April this year.

[FB_]

I had to pay back both $3800 in CRA taxes plus all the trillium, hst benefits..it sucked. It took me a year to get it all paid. I worked out a payment plan with CRA monthly. They were pretty good about making the payment something I could handle. I finally got it all paid in April this year.

Are you getting it back now?

[Pursuinghappiness]

Yes, I should get it all back although I will still have to get my issue with the CTB benefit allowance resolved.

I'm hoping to have the paperwork they requested in by the end of next week so I'm hoping it doesn't take very long to process.