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Determining your marital status
Your marital status is determined for the entire tax year on December 31. Make sure to claim it correctly or you may receive credits that you will then have to pay back.
One of the most common questions we get asked involves marital status, as people try to figure out their situation. Your marital status is used to determine your tax benefits and credits, so claiming it correctly is important. And you cannot choose the status that provides the most tax savings. You need to follow the rules.
Here is a quick guide to help you structure your claim.
Living together: If you have lived together for 12 continuous months, you are considered common-law for tax purposes. If you have children together, you are considered common-law as soon as you begin living together.
Living together, separate bank accounts: The same common-law rules apply. The Canada Revenue Agency does not review whether or not you keep your financial accounts jointly or individually.
Married: You are considered married for tax purposes if you were joined in a recognized civil or religious ceremony in Canada or in a different country of origin. Even if your spouse lives in another country, you should claim married on your return.
Married, recently separated: Once you are married, you can never be considered single on your tax return again. You will file as separated.
Common-law, recently separated: You are required to be separated for 90 days before you are considered officially apart, if you were in a common-law relationship.
Married, separated, in a new relationship: The same common-law rules apply for your new relationship. For tax purposes, it is possible to be separated from someone else but common-law with your new partner.
Widowed: If you have lost your spouse in 2011, you should claim your status as widow or widower.
If your marital status changed during the year, ensure that you notify the Canada Revenue Agency by submitting a RC65 Form Change of Marital Status.
Cleo HamelSenior tax pro and national spokesperson
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COMMENTS
ok me and my hubby seprated in jan 2011 then got back together in july 21 2011 but didn’t file to be come common law tell sept 2012 so when i’m doing my taxes do i file as common law or single ?
Jeanne – If you were married and separated when you go back together you are considered married again. If you have been common-law before, then separated and get back together you are considered common-law again. But there are proposes changes that say you will be common-law once you have lived together for 12 months. – Tax Advisory
I am planning on moving in with the father of my children in November. We do not share money, I would like to file a separate tax return, so my credits are not transferred to him, is this possible? If not, what is the proceedure? And are we considered common law for the while year of 2012 if we move in together next month?
Danielle – Moving in with the father of your children will make your marital status common-law effective the day you move in. You and he will still file separate tax returns but as a couple you would be able to combine medical expenses and donations. Also, if one of you has little to no income is could mean claiming a spousal amount.
We just had a baby and I dnt want to file my returns as common law can I do that if we share the same address?
Madison – You must report your marital status correctly on your tax return. If you and your partner are living together and have a child together, the CRA considers you common-law. This means that your GST credit and Child Tax Benefit are calculated on your household income. If you don’t report your marital status correctly and the CRA calculates higher benefits, they will ask you to repay any excess when they review your return.
Hi, when should i notify revenue canada of my status.. From Married to common law. Should i wait 12 months after both of us were living together? Or from the time we started living together? If i wait 12 months after, what happens to my gst and cctb i received during the past 12 months? Will i pay revenue canada back?
Thanks
Ryan – if you do not have children together, the Canada Revenue Agency considers you common-law once you have lived together for 12 months. You should file a RC65 Form (http://www.cra-arc.gc.ca/E/pbg/tf/rc65/README.html) once you have been together for 12 months. Once you are common-law, your benefits like the GST and CCTB will be calculated based on household income. If your combined income is more, you would see a reduction in these benefits. For example, the GST would only be paid to one of you if you qualify. ~CH
Separated from my husband Nov. 2012 what do we file as for the 2012 tax year, as we have only been separated 60 days?
Selena – sorry to hear about your separation. Since you were married, you are considered separated as soon as the relationship breaks down. So you would claim as separated for 2012. ~CH
Is the info on seperatiom from common law and common law (here titles section living together) still acurate for 2012 tax year? I.e. If we seperated for more than 90 days in 2012 we are seperated, but if he moves back in (we have children) in 2013, then I could claim commom law again for 2013?
Mo – if you were separated for 90 days or more as of December 31, 2012, you should claim as separated on your 2012 tax return. If you are still living together as of December 31, 2013, you would claim common-law on your 2013 tax return. ~CH
Hello. We got married in Jan this year. You mentioned the December 31 date. does this mean we wouldn’t be considered married until the following tax year?
Federico – congratulations on your recent wedding. Your marital status is determined on December 31 of the tax year so you would still be considered single for 2012 (if you are not living common-law). You will file your 2013 return as married. ~CH
We have 2 children and lived common law during 2012. however we are now separated (in 2013). do we still file commonlaw?
Sarah – your marital status for the 2012 tax year is determined on December 31. If you were together at the end of December, you should file your 2012 tax return as married. Once you have been separated for 90 days, you should inform the CRA of the change using a RC65 Form at http://www.cra-arc.gc.ca/E/pbg/tf/rc65/README.html so they have your updated marital status. ~CH
Hi. My wife and I got married in June of 2011. When my accountant filed my taxes last year, he said I was single because “She doesn’t have a social insurance number”. I trusted him and now know what he did was wrong. What I believe he should’ve done is write a letter explaining my wife is America, state her net income, and mention she has no Social Insurance number.
I’m doing my own taxes this year and will be doing the above, but how can I correct this marital status mistake for my 2011 tax year? I understand I’ll probably have to pay some money back. I should also mention we don’t have any children.
Newman – even though you are married, Canadian tax returns are filed on an individual basis and your wife’s income would not affect the amount of income tax you paid in 2011. However, household income is used to calculate the quarterly GST/HST benefit so if you received this payment, you may need to pay some of it back. You should file a RC65 Form (http://www.cra-arc.gc.ca/E/pbg/tf/rc65/README.html) with the CRA with the day you were married. If needed, the CRA will reassess your returns accordingly. Your wife should apply for a SIN as soon as possible so she can file her own return. If she does not live in Canada, she should apply for an Individual Tax Number. ~CH
My husband and I separated in early 2012 but have not officially divorced yet. I know we will need to put down “married, recently separated” on our taxes, but do we need to file separately? or can we still file together (using a service like UFile)?
Laura – I am sorry to hear about your separation. Yes, you need to each file your own return. Usually, most tax software programs (I would recommend one of the H&R Block at Home options at http://www.hrblock.ca/services/do_it_yourself.asp) allow you to file multiple returns with different addresses. However, you need to make sure the software knows you are separated and it does not prepare the returns as if you are still married. There are credits that can be shared and if you are separated, you cannot use them. If one spouse usually claims the spousal amount, this is also not available. ~CH
If I got married last year but would like to file my tax return without having to know any of his information, can I do that? I am using the HandR block software but it keeps saying my tax return is incomplete because i have specified I am married but not added my husbands info.
Romy – married couples are required to include their spouse’s SIN and net income on their return so the Canada Revenue Agency can calculate your benefits properly. It will not affect the amount of income tax you pay, only benefits like the quarterly GST/HST benefit which are calculated based on household income. ~CH
Very confused, I am completing my tax return and was previously divorced in 2008 however I am now living common law with my exhusband as we moved back in April 2012 of last year.
Am I allowed to claim on line 305 as it indicates that during the whole year you meet the following conditions.
You may be able to claim this amount if, at any time in the year, you met all the following conditions at once:
1) You did not have a spouse or common-law partner or, if you did, you were not living with, supporting, or being supported by that person.
2)You supported a dependant in 2012.
3) You lived with the dependant (in most cases in Canada) in a home you maintained. You cannot claim this amount for a person who was only visiting you.
My understanding is during the first 3 months of the year I met the condition of not having a spouse?
Any help would be appreciated.
Naomi – congratulations on your reconciliation. Even though you are common-law as of December 31 of the tax year, you will be allowed to claim the amount for eligible dependant for the entire year since you did not have a spouse at some point during the year. You will not be able to claim the amount in 2013 if you remain common-law. ~CH
Referring to cra defintion of “seperated”, what is the meaning of the 90 days rule to be considered as seperated? If someone seperated in Nov 2012 like Selena, she would still be considered seperated even though she didn’t seperate for 90 days up to Dec 31, 2012 or does it mean 90 days from filing your 2012 taxes?
I have a friend in similar situation, so I wanted to get more clarity on the 90 days rule in cra defintion.
Thanks for your help.
Steve – if you were married and you separate before December 31, 2012, you should file as separated for your 2012 tax return. Common-law couples need to be separated for a period of at least 90 days including December 31, 2012 in order to be considered separated for 2012. So if you were common-law and separated on December 1, 2012, you would need to remain separated until March 1, 2013 in order to file as separated. So I would recommend waiting until March 2, 2013 to file your tax returns to ensure the marital status is correct. ~CH
I am currently married to a woman but have been seperated for 15 years and livving with a same sex partner for the past five. we have filed our taxes seperately thus far. If something should happen to my partner, will i be able to claim survivor benefits and be entitled to his pension afterwards if I am married legally to a woman. How would i prove that we are common law if we havent filed our taxes that way and all our finances are seperate. I dont believe we have anything joint so far. I am aware of the steps to register this now, but if i havent prior to his death , what would I do?
Shawn – under the tax guidelines, it is possible to be separated and considered common-law with a new partner for tax purposes. Once you lived with your partner for a year, the Canada Revenue Agency would consider you common-law for tax purposes. You would need to file a RC65 Form (http://www.cra-arc.gc.ca/E/pbg/tf/rc65/README.html) with the year you became common-law. It does not affect the amount of income tax you paid but if you received benefits like the GST/HST, you may have to pay some back. As for your survivor benefits and CPP questions, I would recommend contacting Service Canada at 1-800-277-9914. They are responsible for those programs. ~CH
i got married on 27th dec 2012 in india and my wife is still there(she never came to canada). Can i claim benefits in my return?
Sumit – congratulations on your recent wedding. You should claim as married on your return and you will need to include your wife’s worldwide income as well. Based on her income, you may be able to claim the spousal amount. It is not affected by the number of days you were married in the year – only your spouse’s income. ~CH
My ex girlfriend and I split up in April 2012, and are still separate now and I’m filing my own tax return. Do i file as single or as separated? I was under the impression that separated meant divorced, and that after splitting up with a common law partner, you return to single and not separated. Can i ever claim as single on any future returns?
Tanner – I am sorry to hear. Since you were common-law and have been separated at least 90 days by December 31, you should file as separated for 2012 to indicate your change of status. You can file as single starting in 2013 if you do not have a spouse or common-law partner as of December 31, 2013. ~CH
My ex girlfriend and I split up in June 30, 2012, and are still separate now and I’m filing my own tax return. I will file for 2012 as separated. Do I have to complete RC65? If this is the case I will put under Part 2 Separated and with a date of June 30, 2012. For the year 2013 do I have to complete another RC65 to change from separated to single? If this is the case what date should I put in Part 2 of RC65?.
Serafin – I am sorry to hear about your split. You should complete a RC65 Form to indicate you were separated as of September 30, 2012 before you file your return. You do not need to file another to indicate you are single. ~CH
[...] The good news is the Canada Revenue Agency puts less emphasis on labels than, say, parents tend to. In a nutshell, if you’ve lived together for 12 straight months by Dec. 31, you are considered common-law and have to report as such by the April 30 income tax filing deadline. For more specifics on the CRA’s definition of common-law, click here. [...]
My fiance and I are getting married May of this year (2013). Are we supposed to inform Revenue Canada immediately of our marriage, or wait until we file our 2013 tax return and update our marital status on the return?
Also, if I receive benefits such as GST, do I continue to get them as I have been after our May wedding? Or does that change immediately due to our household income being combined as of May?
Sunshyne – congratulations on your upcoming wedding. You should inform the Canada Revenue Agency of your status change within 30 days. If your fiancé has income, you can expect your GST/HST benefit payment to decrease since your household income has increased. If you wait until you file your tax return to change your status, you will receive GST/HST benefits you are not entitled to and the CRA will ask you to repay them. ~CH
Hi, I got married in August 2012. I have indicated my status as married in my income tax file. My husband is still in the Philippines, can I claim spousal amount in this case? Should I indicate 0 under my husband’s federal income ( as he is still in the Philippines) or indicate the conversion in CAD dollars of his 2012 income under federal income? Thanks!
Christine – congratulations on your recent wedding. In order to claim your spouse, you will need to indicate his worldwide income so you will need to convert his earnings to Canadian dollars. The CRA may also ask you to show proof that you are sending money to the Philippines to support him. If he earns more than $10,822 CDN, you would not be able to claim the spousal amount. ~CH
Sorry I forgot to mention that I was only common-law before I moved because my younger two boys were born of that father…..
I moved out with my three boys as of April 24, 2011. Legally separated 90 days therafter, and notified CRA as such. I filed my income taxes last year as separated. I have absolutely no intention of reconcilling and currently have no other significant other, so am I considered single now (April 2013)? How do I fill out the RC65 E form for that?
Julie – thanks for sending the additional information. Since you were common-law, you would be considered single for 2012. You do not need to complete the RC65 Form – indicating single on your tax return is enough. ~CH
My situation is complicated. I’m a resident of Ontario, but moved to Quebec to study full-time. During my studies I moved in with my boyfriend (June 2011) and we are still living together. My understanding is that we are common law since June 2012.
BUT during this time I have been listed as a dependent on my mother’s health insurance and receiving maintenance payments from my biological father in Manitoba because I am a full time student.
My study period ends this month. I will be automatically removed from my mother’s insurance in August.
How do I file my taxes? Single or common law? Will there be a conflict with my health insurance and child support if I claim that we were common law since June 2012? Does my student status make a difference? Very confused.
Tanya – for tax purposes, your marital status is not influenced by being on your mother’s insurance, being a student or receiving maintenance payments. If you have lived with your boyfriend for 12 continuous months, you are considered common-law and should file your status correctly on your 2012 tax return. The only real change will be the calculation of your GST/HST benefit since it will now be based on household income. And if you want to transfer any of your education or tuition credits to your boyfriend, this is now possible because you are common-law. As for your province of residence, you may want to read our other post at https://www.hrbtaxtalk.ca/blog/whats-my-province-of-residence/ to see if you should file an Ontario or Quebec tax return. ~CH
I separated from my wife on June 30, 2012. we have signed a document confirming this date ( Family Law Form 2). We are still living in the same home but in separate rooms and we keep apart from each other. She is not working and therefore has no income. I am paying all household bills for her and our two children. She insists that because we are living at the same address we must file as married. I have already changed my marital status to separated on the CRA’s -My Account website and it does not allow me to revert to back to the previous married status and date. Please tell me. Do I file as separated or do I file as married because we share a common address?
Graham – as long as you continue to live at the same address, the CRA will treat you as married unless presented with convincing evidence to the contrary. The Family Law form would certainly be an indicator. However, you would have to at least agree that you are separated. If you file as separated but your wife files as married and you are still living at the same address, the CRA will treat you as married. Here are some of the indicators the courts have used to settle this issue when people claim to be separated but continue to live at the same address:
- Whether or not they occupy separate bedrooms.
- Whether or not there is an absence of sexual relations.
- Whether or not there is any communication between them.
- Whether or not they perform domestic services for each other.
- Whether or not they eat their meals separately.
- Whether or not they engage in social activities together.
~PC
I lived common law with my partner for 30 years we claimed as common law spouses…he passed away in 2011, do I now classify myself as a widow or single??
thank you..
Lynda – I am sorry for your loss. You should file as single. ~CH
I have been in a common law relationship for 12 years having 2 children with my spouse. We separated in December 2012, how do I record my status on my 2012 tax return.
David – I am sorry to hear about your separation. If you have been separated for 90 days since December 31, 2012, you should file your tax return as separated for 2012. ~CH
My husband and I have been seperated since 2010 and I notified the cra what would I file as this year as we are not together nor legally divorced yet? Still file seperated or single ?
Victoria – you would continue to file as separated until you are divorced. Once you are married, you can never file as single again. ~CH
I feel like I have a bit of a complicated situation. I have lived with my boyfriend since 2009, but have been in college since September 2010 (I’ll be finished later this month). So, my permanent address has remained the same, but I have rented a place in another city during my schooling. I’ve lived at our permanent address f/t during the summer.
I didn’t know about the common law tax rules (and quite honestly, thought there was a form and a whole process to go through). I’ve had this ‘common law’ situation brought up throughout the last three tax seasons, twice with a different company, and then once this year with H&R. I talked it through with the tax agents, and they advised me that it would be best to file as ‘single’, as it would benefit me the most in terms of OSAP funding, as well as returns.
So, I have some questions:
1. As I had no idea what the common law rules were, and was advised by two tax professionals, from two different companies, on three separate occasions, is this going to come back to bite me?
2. I have already filed my return for this year. My boyfriend has yet to do so. I know I have some sort of ‘carryover’ amount (having to do with OSAP, and saving money on future returns). Are we able to file as common law on his return, so that he may not owe as much?
3. What are our next steps in regards to the entire situation?
H – If you lived with your boyfriend for 12 continuous months, you are common-law partners for tax purposes. If your separation was voluntary and not a breakdown of the relationship, you are still considered common-law for tax purposes even if you are living apart for some of the year to attend school. If you claim single and the Canada Revenue Agency determines you were actually common-law, you will have to re-pay any benefits you received and were not entitled to. For example, if your boyfriend has income, your quarterly GST/HST benefit may be affected and you will be asked to pay some of it back. Unfortunately, you are not allowed to transfer tuition and education credits you have claimed in previous years and carried forward. However, you would be allowed to transfer up to $5,000 in tuition and education credits to your boyfriend in 2012 since you are common-law. You would also be able to pool your medical expenses and charitable donations to maximize your tax savings. And if you earned less than $10,822 in 2012, your boyfriend would be able to claim some or all of the spousal amount for you. You will need to file an RC65 Form with the CRA to change your marital status and you will be able to fill in the correct date you became common-law. The CRA will re-assess your previous returns based on the marital status change. If you would like to transfer tuition to your boyfriend in 2012, you will need to file a T1 Adjustment Request to make this change to your return. ~CH
What is the difference (per CRA) between common-law relationship and two room-mates sharing accommodation, food costs, utilities etc.?
Dennis – the relationship needs to be conjugal in order for the CRA to consider you common-law. ~CH
Our daughter is a 21 year old full time University student, she is sharing an apartment with two other people, one of which is her boyfriend. Her permanent residence for tax purposes (and school purposes) is our home address. If she continues with this living arrangement for a full year, would she be considered common-law?
Deb – the Canada Revenue Agency considers you common-law if you live with someone in a conjugal relationship for 12 continuous months. So if your daughter continues to live with her boyfriend for 12 months, she would be considered common-law for tax purposes. ~CH
[...] The good news is the Canada Revenue Agency puts less emphasis on labels than, say, parents tend to. In a nutshell, if you’ve lived together for 12 straight months by Dec. 31, you are considered common-law and have to report as such by the April 30 income tax filing deadline. For more specifics on the CRA’s definition of common-law, click here. [...]
Can married couples file taxes with different addresses?
Simon – yes. The Canada Revenue Agency uses your spouse’s SIN and net income from the first page of your return to identify you as a couple. ~CH
i lived with my bf since Nov2010, i filed tax as single 2010-2011, since it says in the definition of common-law at least 12 mos. living together, i filed my 2012 tax w/o giving prior notice cra of my change in marital status, can i change back my marital status to single if i cannot give them the proof they are asking
Leena – for tax purposes, you became common-law in November 2011 since you had lived together for 12 continuous months at that point. You should have filed your 2011 as common-law. Since you meet the criteria for common-law status, you cannot change it to single unless you separate from your boyfriend. ~CH
My wife and I got married in August 2012, we both have ex’s and children…her daughter lives with us and my kids live with their mother…her income is more than mine, but she pays all the childcare for her own daughter…can she still claim all the credits under her income? Secondly, i sold my condo to live in hers, but we have bought a house together (and moving in shortly)…does that affect my income tax?
David – congratulations. As long as you sold your condo in a reasonable amount of time after you were married, it is still considered your principal residence and any capital gains are tax-free. You do not report the sale on your tax return. The lower income spouse is required to claim the childcare expenses. ~CH
Hi, My wife and I separated at the beginning of Feb 12, and lived apart for 6 months before reconciling. During that time I paid support for her to manage the house and child support kids. I am allowed to claim support for her. How do I show that we were apart as I worked out of town and stayed with friends when in town.
Marty – unfortunately, unless the separation agreement was in writing or a court order, you cannot claim the support on your tax return. If you had a written agreement in place, only spousal support is a tax deduction. There is no deduction for child support. ~CH
I got engaged in first week of October 2012 and got married this year in Feb 2013. My wife is from BC and moved with me in Alberta after our marriage in Feb 2013. during the engagement months I was supporting her financially. Can I claim common law partner benefits even she wasn’t living with me and engagement period was less than 12 months?
Bach – congratulations. Unfortunately, you have to be living together for 12 continuous months to be considered common-law for tax purposes. Even though you had a short engagement, it is not a factor in determining your marital status. ~CH
My bf & I are common law with a daughter. Last summer he opened a small business that was a partnership. Should we be filing together or do I file seperate & he files seperatly with his business partner? Also does h&r block do business taxes? Thier company has parted ways this year-does that change thier filing together? Sorry for 20 questions were both just lost on what to do. Thanks.
Jessica – even though you are common-law, each of you need to file a personal tax return to report your income for the year. If the partnership was unincorporated, your boyfriend will need to complete a T2125 Form as part of his personal tax return to report his business income and expenses. If the partnership was incorporated, he will need to file a T2 tax return to report the corporation`s activities. If the partnership was dissolved, it will affect his tax return in 2013 and it depends on how the business was divided. If your boyfriend was self-employed last year, you have until June 15 to file your tax returns though if you owe money, interest will start on May 1 but you will not be charged a late filing penalty. Yes, we can help you with both self-employed and corporate returns. I would recommend making an appointment with one of our small business tax professional. For more information, please see http://hrblock.ca/services/small-business-taxes/free-consultation.asp. ~CH
I moved in with my boyfriend march 2012, and we had our son August 2012. We are still yet to receive any cctb for my son, I was just wondering how the cra would calculate. Because I was single for the 2011 base year, would it just be my income they would calculate from, or both mine and my partners, even though we wernt living together? I just got a notice telling me that I am eligible for cctb, but our joint incomes for the base year 2011 is well over $110,000…very confused!
Jerri – congratulations on the birth of your son. You were considered common-law as soon as your baby was born so you should have notified the Canada Revenue Agency in September 2012 of your marital status. Once you did that, your household income is used to calculate your CCTB and you would not qualify. You are eligible to start receiving CCTB the month after your baby was born. ~CH
What does someone do if they need to file as common law for a previous year but their ex refused to give them the required info?
Also is a voluntary disclosure required to fix an incorrect filing for a previous year or is the marital status form that you mentioned all that is needed?
Katie – I would recommend submitting the RC65 Form with the correct date for the beginning of your relationship and another RC65 Form with the date your relationship ended. The Canada Revenue Agency will match up the forms to your partner’s information even if you are missing some details. Voluntary disclosure would not apply in your situation. ~CH
I was separated in 2008 and filed as common law in 2010. Have been separated from common law since 2011 but we still live together as we both own the house. We share the household expenses and are still under the same insurance policy, I have two kids from my marriage that are with me every other week, he does not have any. How will the government view this arangement.
Cheri – I would recommend reading https://www.hrbtaxtalk.ca/blog/if-youre-separated-but-living-at-the-same-address-expect-some-tax-issues/ about how to file as separated from the same address. I would expect that you will need to prove to the CRA that you are no longer common-law. ~CH
If i reported single on my previous tax returns (2010-2011) then lived common-law (not realizing the way common-law worked) for 2012 and have yet to do my taxes but got a review in the mail asking to provide information (like lease, rent receipts) to prove I was living separate from my boyfriend at that time. If i do my taxes to and change my status to common-law then what information would they need? Including what information do they need from my boyfriend? Also, he is on disability and I am on Ontario Works how does this affect these and/or what type of change in finances (cctb/gst) should i expect if his income is next to nothing?
-Quite confused!
Dawn – I would recommend completing an RC65 Form with the date you became common-law and submitting it to the CRA. This way they will know exactly when you became common-law and will adjust your returns if necessary. I will assume your boyfriend’s disability is non-taxable. Since neither of you have taxable income, being common-law should have no affect on your tax returns or your benefits like the Canada Child Tax Benefit or GST/HST. ~CH
hello, how do i prove that i am living single from my boyfriend. he lives at his parents and i live on my own. I collect cctb for my daughter and gst and also have reported single on my tax returns but didnt receive my cctb last month because i moved and change my address for mailing purposes to his address and then got into a heated conversation with a CRA rep. about not receiving my mail, had changed my address to his address until i had a fixed address again but wasnt living with him and now the have sent me a review stating if i am stating that i am single i need to prove that i am not residing with my boyfriend. They want information but I dont have previous information and was only renting a room for the last couple years until I just moved and my previous landlord has sold her house. what are my options? Will i lose or have to pay back money because i cant prove that i am not common-law. Oh, during that heated conversation i said my mailing address was my inlaws and that i was married but i was being sarcastic but then confirmed i was not and it was only my boyfriends parents house. Now, realizing my mistake i put my foot in my mouth.. what a dumb thing for me to say and now it has created all kinds of trouble for me. Any advise is welcomed. Thanks!
Bri – if you can’t prove your living arrangement, you will have to pay back credits you received. If you cannot reach your previous landlord, I would recommend asking friends, neighbours or children’s teachers for letters to support your previous living address. Or perhaps a doctor or a pharmacy might have proof that you lived at this previous address. If the CRA refuses to accept your letters, you can talk to the Tax Ombudsmans Office for help. ~CH
My husband and I have been living apart for just over six years, although we did live together for a few months in 2010. My husband is a C.A. and has always done my tax returns. He says that because we are not legally separated (we have not seen a lawyer and filed for separation) that for tax purposes we are still married. Last year he did my tax returns for that past three years and put down married. I would like to try to do my own taxes this year. Has he been dishonest with me saying that we should file as married? He has been doing our tax returns for the last 25 years and I have blindly just signed them. I did question him on this before thinking we should file as separated but he said I was wrong. I have never worked and we have three children that he has barely seen in the last six years, and he works consulting on and off and we still share some bank accounts if this matters Am I separated for tax purposes and do I have to redo my taxes for the last 6 or 7 years returns if I am considered separated? Also does it matter if I am late (I am not sure I can get this done in time) I had to cash some Resps and small amount of stock that owed for years) He has given me some money from his RRSPs he cashed and some from his consulting last year. Thank you
Harriett – if you are truly separated because your relationship has broken down, you should be filing your returns as separated. Without knowing your situation, I am not sure if re-filing the last six or seven years is the right option. I would recommend taking your previous returns to a different tax professional to review and provide advice on whether or not to file adjustments. I would recommend you file your 2012 tax return as separated. ~CH
A friend of mine was living common law for a number of years. In early 2012 they decided to live in seperate residences but maintain a relationship. They are now living apart, but its not really due to a breakdown in the relationship. Should they be filing as common-law or seperated?
Warren – if the relationship has not broken down, they would still be considered common-law for tax purposes. ~CH
Hello; My Ex and I were separated May, 2011. Filed as separated for 2011 tax year and entered appropriate info. Our Divorce was granted Aug 2012. The online tax program wants the info again, whereas the competitors program, which is being used by her mother to prepare her taxes, is not asking for this same info.
I selected Separated to Divorced as my change in marital status….we have not exchanged any finances or required any payments from one to another as all was handled in 2011.
Why must I submit her info again and is it really necessary? I already changed my marital status online with CRA.
Thank you!
Mike – if you are separated, you do not need to include your ex-spouse’s information with your return. I am not sure why you are being asked to supply it. If it continues to be an issue, please contact our Software Support team at https://www.hrblock.ca/cust_support/otp_support_form.asp for help. ~CH
Hi, I just filed my taxes, and she put me and my boyfriend under common-law, as we’ve been living together for over a year. She explained that he would claim our GST, trillium, and rent as a unit. I didn’t see a problem with this but it occurred to me that, as I take OSAP, they ask my marital status. If I’m considered common-law, then wouldn’t they consider our financial accounts as the same (we do not have a joint bank account), and consider me ineligible for OSAP?
I’m concerned about how this marital status will affect me, and am worried whether I should look into switching back to single status, if that’s even possible? Help!
Chantelle – unfortunately, you do not get to choose your marital status for tax purposes. If you have lived together for 12 continuous months, you are considered common-law by the Canada Revenue Agency. Your benefits will be calculated based on your household income. I would contact OSAP and ask how they determine your marital status. They may have a different set of criteria. If you are considered common-law by OSAP, they will be able to tell you the implications for your loan eligibility. ~CH
Hi there, I am in need of desperate help. Any guidance would be extremely appreciated. In 2012, my boyfriend and I were residing in the province of Ontario and filed our 2011 taxes as common-law partners since we had been residing in the same residence for over 12 consecutive months. In January 2012, our first daughter was born and the following August we moved to the province of Quebec. Since my spouse is in the military and our house was much too far to be considered his primary resident, he changed his drivers licence to Petawawa Ontario where he works and resides most of the time. Our house on the Quebec side is in both our names. When I applied for child assistance programs in Quebec, I declared having a common-law partner even tough my spouse was technically not residing with us and we were not married but nevertheless in a relationship and living on both our salaries. Should my spouse be filing in Ontario or Quebec? Please advise me if I am wrong but I believe you have to file your taxes where your primary residence is, correct? How do you establish this? If we file as common-law partners living in different provinces, who deducts all the benefits of having a child? Please note that he makes a much higher income then me and that the child resides with me in Quebec. I was under the impressions most deductions were applied to the partner making more money but I don’t know if this only applied if both spouse are living with that child under the same roof. Please help and let us know the facts!!!! Thanks in advance
Véronique – your most significant residential ties are your home and your spouse or common-law partner and dependent children. In the case of your partner, these would appear to be Quebec since this is where you live with your child and have your home. However, if he also has a home in Ontario along with secondary ties such as an Ontario driving licence, an argument could be made that you were residing in different provinces for employment reasons. This would certainly be more to your advantage since the tax rates are lower in Ontario. In that case you would claim the child amount on your return. Although you are living apart, you still support each other. You would therefore be unable to claim the amount for an eligible dependant for your child. ~PC
Okay so my husband and I have been married since April 2012. He does not work and is an american citizen (he still lives in the states). We are working on the paper work to get him up here. However I haven’t notified anyone about my change as I went to a government office to ask about such things and they said I didnt need to even though I asked about tax purposes.
So my question is this. Do I need to have document proof of his world wide income even though he doesnt work and hasn’t worked in a year and half. (Ive been with him for 5 years now) And can I claim him as a spouse even though I do not support him finacially? His parents and grandparents help him out and the last time I gave him money was eons ago as EMERGENCY money. Do I qualify for Line 303 spousal claim? Please help!
Thank you so much!
-Sera
Sera – congratulations. If your husband has no worldwide income, you are able to claim the spousal amount for him. If the CRA asks, you should be able to show that he has little to no income. And if the CRA asks you to show support, the claim may be disallowed if you cannot show that you are supporting him in the U.S. ~CH
so I have lived common law with my spouse and 3 children since July of 2006 but have never had our income together. found out info in feb and told him im leaving so have not been sharing a room and he has never helped withany money. was wondering if i can claim we are seperated. we are not in a sexual relationship and dont even sleep in the same room?
Vanessa – since you did not claim as common-law, you cannot claim as separated unless you go back and correct your marital status. If your former spouse had income, this will probably result in a request to repay some of your Child Tax Benefit. You should continue to file your previous marital status. ~CH
I’m helping my friend with her taxes. She got married in Dec. 2012 but was widowed shortly afterward (i.e. before Dec. 31, 2012). On her 2011 tax return, her status on Dec. 31, 2011 was “Divorced” (from another marriage).
1) For her 2012 tax return, will her marital status on Dec. 31, 2012 change from “Divorced” to “Widowed” or “Single?”
2) Does she still claim the Spouse Amount (Line 303) for 2012?
3) Does this change in marital status impact her Working Income Tax Benefit for 2012? (her taxable inc. is < $25K and med expenses ~ $6K)
Thank you.
Jake – if your friend was widowed by December 31, 2012, then she should claim it as her marital status. If her spousal had little to no income, she entitled to claim the spousal amount for the entire year. The Working Income Tax Benefit should not be affected if her spouse did not have any income. ~CH
I filed my 2012 return as “Common Law” but my boyfriends accountant says I need to claim single, as we were 1 day shy of the 12 months or something along those lines. This is fine. BUT, we reside with his two children from a previous relationship. If we claim “Common Law” for 2013 I would have to claim the child care benefits due to my lower income. I do not want to do this, as they are not my biological children and I have no adopted them. He should be getting it, as I do not pay it and it is seperate from our relationship. How do we do this? Do I just always claim single?
Kristy – for tax purposes, you are considered common-law once you have lived together for 12 continuous months. If you became common-law on January 1, 2013, then you can file your 2012 tax return as single. If you were common-law on or before December 31, 2012, you are required to file as common-law in 2012. The CRA does not allow you to choose your marital status. If you are common-law, the lower income spouse is required to claim the childcare expenses unless you were in school, hospital or incarcerated. Unfortunately, it does not matter if you keep the expense separate. ~CH
Hi, my husband and I have been separated since Feb 2012. I changed my marital status last year to separted and will file this year again as separtated. My question is around the area of the tax return that asks for my spouse’s SIN, name and income amounts. Since we are separated do I have to give CRA any info about my ex (I do not have his SIN, nor do I know his income any longer).
Thanks
Shannon – no, you do not need to include your ex-spouse’s SIN and net income on your return now that you are separated. ~CH
Thanks, but what if the children are not mine in any legal or biological form? Also, will a letter stating we were not common law until January 1st be sufficient enough for them to let him claim the childcare expenses? I need to change it on mine so he can file and receive his stuff properly.
Kristy – once you are common-law, it does not matter if they are not your biological children. With only a few exceptions, the lower income spouse has to claim childcare expenses. As long as you can prove you were common-law on January 1, 2013 and not before, your partner will be able to claim the childcare expenses on his return. If you have already filed your return, you will need to submit a T1 Adjustment Request to make a change to your return. ~CH
Hi, Im Canadian and my fiance is American and we are looking at getting married but he will still be living in the US for the time being. I’m wondering how it will effect my tax benefits,such as child tax benefits and disability for my children. I have no income and he will still be working in the US.
Once you are married, his income will be included with yours for the purpose of determining your Child Tax Benefit entitlement. For as long as he remains a non-resident, you will have to file Form CTB9 Canada Child Tax Benefit – Statement of Income and provide details of his income. Once he becomes a resident of Canada, he will have to file a Canadian income tax return.
Hello I have a difficult situation I’m confused with.. I had a relationship with a fellow back in 2008 .. We never lived together… We seperatel in2008.. 9 mnths later got back together and I became pregnant… We still didn’t live together but he came over and helped me out when I needed if.. He owns a house which became avalible and he asked if I wanted to move in.. I was living in a two bedroom dinky place with two children plus my new one which was his.. He still living at a diffrent address… I don’t live here for free it was just. Better situation for my children and me and for him since he lived closer… We have no agreements other then I’m the one who has custody of our son.. But it’s not written .
This is a very difficult situation to prove with him showing the same address as yours. Your going to have a hard time with CRA. If he can provide bills or other mail from that time frame that show a different address, that may help. I have not seen very many of these situtations go the taxpayer’s way.
I am having some “tax pains” if you will. My common law parter and I split up in January of 2011. I waited the 90 days and informed the CRA of this. For my 2012 taxes I claimed “separated.” We got back together in February of 2013. We have a child together and I don’t know how this will affect my taxes. It says as of December 31, 2012 what was your status, so if I call CRA and inform them of this will my CCTB/GST change? We weren’t together for all of 2011 and 2012 and he made quite a bit of money last year, whereas now he doesn’t make anywhere near that much.
Yes, that will affect your CCTB and GST from the date you reconciled. Your CCTB will change effective February, 2013. Your tax return for 2012 doesn’t need to be changed, as you’re correct as of December 31, 2012 you were separated. Unfortunately the CTB will be based on both your incomes 2012.
Hi my boyfriend and I filed our taxes together as ‘common law’ we have a child together. He has a child from a previous relationship which he owes child support. Will this effect my son and myself in anyway? Our refund was taken because he owed money to FRO for missed child support payments.
The CRA doesn’t hold one partner’s refund for the other partner, nor does it withhold Child tax benefits because of a partners balance owing. So, this shouldn’t affect your entitlements.
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