Canadian Income Tax and claiming a child?

Question

I had a baby in 2006... I live with the Father (not common-law). Do we each claim her, or do I?

Answer 1

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.

Sorry, but if you lived with the father of your child on December 31, 2006, then you are common law per condition B above, and you'll need to file your income taxes as such.

Not the answer you were likely looking for, but it is the Tax law in Canada.

Answer 2

Sorry, but you each will have to claim common-law for 2006 and for as long as you two are living together. I won't repeat everything as described in an above answer, but they're right. If you have a child together and you are living together, you are automatically common-law. Check the link provided in the first answer to verify your marital status. You can't claim single and claim an amount for an eligible dependant... and you don't get the eligible dependant amount if you have a spouse or are in a common-law relationship. In this case, whoever gets the amount for Child Tax Benefits would claim her on their return. Most commonly, it's the mother. Unless you are truly a single parent, you really don't get much of a tax credit when you have a child; just an amount on the provincial credits form (and you get the CTB). Then you can claim any daycare or medical expenses.

Answer 3

How is it possible that you have given birth to a child, living with the father, but is not living as common law? I'm sorry but I don't think anyone would accept that you are just being nice to give your friend a child.

The childs name will be on the birth parents tax return. The person with a lower income will have to claim this child or where ever the child resides. If you don't like that then may I suggest you move out.

Answer 4

tou are commonlaw. you have a child and live in the same household. even if it want his kid you would still be commonlaw. Neither of you can claim a dependant ammount for the kid.