HST Credit

[SadDad2010]

I separated from my wife earlier this year and have been voluntarily paying the full table amounts for child support. We have no separation agreement as of yet. I am hoping for shared custody once the assets have been divided and I can buy a house.
My wife received the HST credit in the mail and I felt that I may be entitled to a portion of it...she disagrees. She says it's for the family and she currently has the kids. Not withstanding that she uses my CS to pay for the kids (I know...the courts won't care).
I was wondering if since the HST is based on our 2009 tax returns when we were still married and a family, shouldn't I be entitled to a share of it. It's not like I'm being greedy, I would use it to buy my children xmas presents.

[dadtotheend]

Ensure that she includes the HST credits as an asset on her finanancial statement and you will receive a share of it by way of equalization of family property.

[Rioe]

As I understand it, her amount is dictated by her being a single parent with children, and you are not entitled to any of it. What you are entitled to is your own credit as a single person. I'm not the tax accountant around here, but I think that's how it works. Does CRA know you are separated yet?

[SadDad2010]

No CRA does not know but will when I file my 2010 income tax. That's why it's confusing, the credit is based on our 2009 returns but is paid out this year.

[dadtotheend]

You need to file

RC65 - Marital Status Change

and report the date you started living separate and apart (as in separate residences, not living separate but under the same roof).

Your marital status as of the date the HST cheque is issued is relevant. It is also relevant as to the entitlement to the the CTB. It is not enough to file your 2010 return as separated. The CRA needs to know when you started living apart.

The HST relief that she is getting arose out of your 2009 return, notwithstanding that it was paid after 2009. As such it is an asset as of December 31, 2009.

I am a tax accountant. Ensure that she includes the HST credits as an asset on her finanancial statement and you will receive a share of them by way of equalization of family property.

[NBDad]

That form has another purpose, especially in cases where there's a lot of conflict or a lot of bills run up. It makes it dead easy to set the exact data of separation.

That being said, DTTE is 100% correct, the onus is on YOU to file the relevant forms as soon as is necessary. In this instance, 90 days after you separated.

[billiechic]

Yeah, dont forget to do it either. I thought I had sent mine in and it caused me a whole mess of problems when I dd my taxes this year. Refund took 3 months to get back.

[SadDad2010]

Thanks everybody! I will get onto those forms right now...but one last question, does the HST cheque still get added to the family assets if she received it after the separation date?

[SadDad2010]

Sorry DTTE already answered that. It's a 2009 asset.

[SadDad2010]

One last question...I hope. Do I need my ex's signature on the bottom of the form where is says 'Spouse's or common-law partner's signature' or would that be for a happier marital status change like after a wedding.
I can get the signature but there is no joy in the meeting

[dadtotheend]

No you don't. That's for married and common law couples. You are separated.

[billiechic]

Nope, that was the best part about it..I could apply and if he didn't agree...too bad!!

[SadDad2010]

Thanks Guys!!! You just made my day