Do I have to file a Canadian Tax Return? When does spouse become dependent?

[blessedelaine]

Thanks for the info guys. I am learning something from your conversations here that I can apply when I file my tax return next month..

 

[ap_123]

Hi guys,

Interesting topic indeed. I need some clarifications for my situation, please advise.

Myself - working from April 2012 (PR since 2011)
Got married in Dec. 2011

My Spouse - first time landed in Jan. 2013

Questions,

1) Can she file her own return for 2012 (she was not here in Canada and did not have SIN # either in 2012) ?

2) Can I include her on my return and claim her deductions for 2012, while I was married but spouse was not here in Canada during 2012 ? If yes, how much can I claim ? She did not work at all outside of Canada in 2012.

Please note after landing in Jan 2013, spouse now has a SIN #, but not in 2012.

Thanks you in advance.

AP.

 

[parker24]

Hi guys,

Interesting topic indeed. I need some clarifications for my situation, please advise.

Myself - working from April 2012 (PR since 2011)
Got married in Dec. 2011

My Spouse - first time landed in Jan. 2013

Questions,

1) Can she file her own return for 2012 (she was not here in Canada and did not have SIN # either in 2012) ?

2) Can I include her on my return and claim her deductions for 2012, while I was married but spouse was not here in Canada during 2012 ? If yes, how much can I claim ? She did not work at all outside of Canada in 2012.

Please note after landing in Jan 2013, spouse now has a SIN #, but not in 2012.

Thanks you in advance.

AP.

No to number one. And yes you can INCLUDE her, but no you can't claim her deductions UNLESS you can prove she had a SIN and was totally 100% dependent on you (Which you can't). My accountant explained this to me.

 

[pardesifr]

No to number one. And yes you can INCLUDE her, but no you can't claim her deductions UNLESS you can prove she had a SIN and was totally 100% dependent on you (Which you can't). My accountant explained this to me.

Not true at all. You can include your spouse on your tax return even if she don't have SIN and living outside the Canada. I done mine with help of agent from Canada revenue agency on phone the agent told me to add my wife deduction and world income of her on my tax form and thats what I did and all went well I even received check from Quebec I don't know if federal give also some money back lolzz

My advise either change your accountant or do it yourself anyway most of the time I find that these accountant don't know shi*t about thing lolzz Only thing they know is their fees just like immigration consultants

 

[parker24]

Not true at all. You can include your spouse on your tax return even if she don't have SIN and living outside the Canada. I done mine with help of agent from Canada revenue agency on phone the agent told me to add my wife deduction and world income of her on my tax form and thats what I did and all went well I even received check from Quebec I don't know if federal give also some money back lolzz

My advise either change your accountant or do it yourself anyway most of the time I find that these accountant don't know shi*t about thing lolzz Only thing they know is their fees just like immigration consultants

I can't do it myself as I have medical and disability to put on it and all "do it yourself" ways refuse to allow me to be on ODSP. And my accountant has been doing my taxes since I was 18 (I'm now almost 25). And he only charges 80 bucks. How did you claim your wife's foreign deductions?!

 

[amikety]

I can't do it myself as I have medical and disability to put on it and all "do it yourself" ways refuse to allow me to be on ODSP. And my accountant has been doing my taxes since I was 18 (I'm now almost 25). And he only charges 80 bucks. How did you claim your wife's foreign deductions?!

I called CRA and the agent told me my husband had to claim me.

 

[parker24]

I called CRA and the agent told me my husband had to claim me.

Yes, have your name and such. But from what I was told, anything that you got from your home country, medical etc, you cannot claim on Canadian Taxes for your spouse.

 

[ap_123]

No to number one. And yes you can INCLUDE her, but no you can't claim her deductions UNLESS you can prove she had a SIN and was totally 100% dependent on you (Which you can't). My accountant explained this to me.

Hi Parker 24,

Many thanks for your reply.

 

[ap_123]

Not true at all. You can include your spouse on your tax return even if she don't have SIN and living outside the Canada. I done mine with help of agent from Canada revenue agency on phone the agent told me to add my wife deduction and world income of her on my tax form and thats what I did and all went well I even received check from Quebec I don't know if federal give also some money back lolzz

My advise either change your accountant or do it yourself anyway most of the time I find that these accountant don't know shi*t about thing lolzz Only thing they know is their fees just like immigration consultants

Hi pardesifr,

Good to know this, I might call CRA, as you did and will follow as they say.

Many thanks for your input in this.

Thanks guys.

AP.

 

[Rob_TO]

No to number one. And yes you can INCLUDE her, but no you can't claim her deductions UNLESS you can prove she had a SIN and was totally 100% dependent on you (Which you can't). My accountant explained this to me.

To clarify, you can claim your spouse under line 303 - Spouse/Common-Law Partner Amount, even if they don't have a SIN or aren't a resident of Canada. This is a set amount to claim, which is then reduced by their world income. See here for CRA rules, under section 35 "Non-Resident Spouse, Child or Grandchild of an Individual Resident in Canada": http://www.cra-arc.gc.ca/E/pub/tp/it513r/it513r-e.html

In terms of "deductions", perhaps you are referring to individual deductions of the non-resident spouse? i.e. if they had medical receipts or tuition payments in their home country. In this case i really don't know the rules on if the Canadian spouse could somehow claim this.

 

[amikety]

Hi pardesifr,

Good to know this, I might call CRA, as you did and will follow as they say.

Many thanks for your input in this.

Thanks guys.

AP.

I called a few months ago. The agent told me the CRA may send a letter to my husband requesting more information about me, such as a copy of my Visitor's Record. Other than that, leave the SIN empty.

My husband got his refund yesterday. We haven't gotten anything from CRA yet asking for more information on me, but I wouldn't doubt it's still in process.

 

[parker24]

I called a few months ago. The agent told me the CRA may send a letter to my husband requesting more information about me, such as a copy of my Visitor's Record. Other than that, leave the SIN empty.

My husband got his refund yesterday. We haven't gotten anything from CRA yet asking for more information on me, but I wouldn't doubt it's still in process.

It will be. I'm still getting letters asking for hubby's income of 2011 and when I called to ask why, they said the system has hubby attached to me, and then when he get a SIN the system got confused and needs hubby to send a letter of what he made in 2011 and make sure it matches.

Personally I hate CRA's system haha.

 

[rebecassss]

When we did the taxes this year it said specifically that a spouse doesn't count as a dependent! Our rebate this year is paltry in comparison to last year. I don't know what changed or why, but it's rubbish.

 

[truesmile]

That's now "new" this year, the value of your "refund" is only difference between what was remitted on your behalf and what your final 'income tax' amount for the year is. It doesn't say anything with regard to the amount of taxes you are paying.

My husband got his refund yesterday. We haven't gotten anything from CRA yet asking for more information on me, but I wouldn't doubt it's still in process.

They're busy cramming all the personal T1 returns through the system. By the time they get around to looking at 'red flagged' returns, choosing which ones to follow up on (yes they go for the BIG bucks first), it will likely be December before you will or would get a request for more information.

 

[rebecassss]

That's now "new" this year, the value of your "refund" is only difference between what was remitted on your behalf and what your final 'income tax' amount for the year is. It doesn't say anything with regard to the amount of taxes you are paying.

What? I did not understand this.

With a dependent you get a tax break/credit based on your circumstances which is then refunded to you, right?

They take the money based on an assumption of your circumstances, take it month by month, then, at the end of the year you correct their errors and they refund the difference?

I hate taxes.