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Tax Return: Single or Common Law?

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buddhadimple

Guest
Hi All,

I'm doing my tax return (better late than never, right?) as I just got my T4's (finally) through the post in England.

I'm wondering though... We 'achieved' common-law status in February this year. Although we've been 'together' since 2008, we only started living together continuously in February 2009, which would make February 2010 when we 'achieved common-law status'.

I'm doing my tax return for 2009 and it asks if my marital status has changed in 2009, and to put either Single or Common-Law.

Although I started living with my other half in 2009, the 12-month period didn't end until 2010... so do I put Single or Common-Law?

I don't want to put the wrong thing and get in trouble with Canada Revenue, but I don't want to put Single if it means Immigration will see it and think, "Why did she say she was single in 2009?"


Thanks!
 

suenim

Hero Member
Apr 29, 2010
350
6
Toronto
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
May 2010
Med's Done....
April 2010
Interview........
NONE
LANDED..........
April 2011
You had not lived together for 12 mths by the end of 2009 so you would not be common-law for tax purposes. SO your marital status for this tax return is single.
 

bobshynoswife

Hero Member
Nov 16, 2009
717
64
124
St Albert, AB
Category........
Visa Office......
Accra
Job Offer........
Pre-Assessed..
App. Filed.......
18-05-2010
File Transfer...
22-06-2010
Interview........
24-08-2010
VISA ISSUED...
24-08-2010
LANDED..........
09-09-2010
It's what your status was as of Dec 31, 2009. So yes, you were single then.
 

annabruce

Hero Member
Jan 15, 2010
320
21
Ottawa
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
Received: 01-11-2010
File Transfer...
09-10-2012 (Ottawa)
Med's Done....
30-11-2011, x-ray delayed (pregnancy), redone on August 31, 2012
The above poster is almost correct. The only exception would be if you have a child together. If you live together with child, you are considered common law partners for tax purposes from the day you started living together.
 
I

iarblue

Guest
For tax purposes you are considered common law after 6 months,immigration 1 year so if you have been living with each other since june 09 then you would do taxes as common law if you didnt start living toget her since after june you file as single.
 

suenim

Hero Member
Apr 29, 2010
350
6
Toronto
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
May 2010
Med's Done....
April 2010
Interview........
NONE
LANDED..........
April 2011
iarblue said:
For tax purposes you are considered common law after 6 months,immigration 1 year so if you have been living with each other since june 09 then you would do taxes as common law if you didnt start living toget her since after june you file as single.
taken directly from Revenue Canada's website

"Common-law partner
A common-law partner applies to a person who is not your spouse (see above), with whom you are living in a conjugal relationship, and to whom at least one of the following situations applies. He or she:

a) has been living with you in a conjugal relationship for at least 12 continuous months;

b) is the parent of your child by birth or adoption; or

c) has custody and control of your child (or had custody and control immediately before the child turned 19 years of age) and your child is wholly dependent on that person for support.
 
I

iarblue

Guest
She said they have been together since feb 2009 so feb 2010 they were common law correct