I'm a single mom. I have just bought a house with my partner of 3 years and we split every bill half ways, my half of the bills equivalent to what i was paying on my own. Now I have to claim him as Common law and this will not intitle me to any Child Tax Benifit. Without this I can not afford to take care of myself or my children. I will have to leave my boyfriend.
2007-02-12 05:47:18 · 8 answers · asked by Jaon 2 in Business & Finance ➔ Taxes ➔ Canada
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.
If I'm understanding what you're saying, if you moved in together in 2006, then for 2006 you will still file as single, unless he's the father of your child in which case you're common law.
However, once the 12 months has passed you will be common law by CRA definition and will have to file as such.
The answer referring to head of household seems to be from a US perspective, and does not apply to Canadian income taxes.
2007-02-12 08:01:23 · answer #1 · answered by Anonymous · 2⤊ 0⤋
I'm sorry, but you are talking about tax fraud. There is no way around it. You are in a common-law relationship and have to claim as such. The CRA would find out and then you would have to pay back all the money that they wrongfully gave to you. This actually happened to someone I know. They were claiming single and she was collecting the CTB as well as getting the credit for her child on her return. She owed thousands of dollars. Even if you leave your boyfriend now, you will still have to claim common-law for 2006 and you won't receive the CTB this year.
Canadian tax laws are different - there is no head of household or EIC, and you are common-law if you live together in a conjugal relationship for one year or if you have a child together. If he is the father of your child by birth or adoption, you are common-law no matter how long you've lived together. You said partner of three years - have you lived together for three years, or did you just move in together this past year? If he is NOT your child's father AND you have been living together less than a year, then you are not common-law (unless you had previously lived with him as common-law and got back together). If you have been living together for over a year and/or he IS the father of your child, you ARE common-law.
I hope this helps... even if it's not good news. =)
2007-02-12 10:20:41 · answer #2 · answered by LaLa 6 · 1⤊ 0⤋
I am confused a little on what you are saying, but if you are talking about filing taxes, you do not have to claim your boyfriend as a dependant. You can file as single head of household and claim your children since the two of you are not married. The two of you will have to decide who will claim the taxes and interest on the house unless there aren't any for the past tax year, but for future years to come this is something to think about. A tax consultant would be a good person to ask some questions as to be the best way to go. Just because you live with someone doesn't mean you have to file your taxes together unless you both agree to it.
2007-02-12 05:56:24 · answer #3 · answered by devilgal031948 4 · 0⤊ 2⤋
Are you saying that you are considered married by common law? Are you sure? Common law marriage requires a lot more than just living together for a period of time, and in many states is not even in effect any more - in some states it never was. Check out this article for more info:
http://en.wikipedia.org/wiki/Common_law_marriage#United_States
If you actually are in a common law marriage, then you have to file either as married filing separately, or file a joint return, just like any other married person. But if you are just living together, that doesn't mean that you are common law married, and if you aren't, you can file as single, or as head of household if you qualify.
2007-02-12 16:41:40 · answer #4 · answered by Judy 7 · 0⤊ 2⤋
why file with him at all? you file as head of household with qualifying child. you get eic and file with yourself as head and your child or two or however many for dependents and up to two kids for eic. let him file his own return. living together is not common law unless you live together as man and wife and declare it publicly by a: using the same last name b: file for government documents as if married c: have a child together and give the fathers name as the child's last name or some similar action. if you desire to remain single, living together is not illegal (except in some backward locals that get a wild hair to force it as an issue).
2007-02-12 17:18:06 · answer #5 · answered by de bossy one 6 · 0⤊ 1⤋
If you are not in Canada, please do not attempt to answer the Tax questions filed under CANADA.
Thanks. You're really making a mess of our happy little place here.
For a map of North America, check out: http://www.map-of-north-america.us/north-america-map.gif
The big area on the top (North) is "Canada". The area at the bottom (South) is "Mexico". The space in the middle is the "United States of America". This category is for questions for people who live at the top of the map.
I hope this helps.
2007-02-14 05:33:28 · answer #6 · answered by Mick 3 · 1⤊ 1⤋
This intensive guide teaches men and women bring their exes back using simple text messages and a step-by-step 8-week system http://getyourexback.toptips.org
2014-09-26 02:21:40 · answer #7 · answered by Anonymous · 0⤊ 0⤋
he's useless...dump him...make him leave...You'll be happier.
The govt will not allow both parent's to be living in the same house and file as separated.
2007-02-12 08:25:02 · answer #8 · answered by hurt 3 · 1⤊ 1⤋