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- Xref: sparky can.general:6408 soc.culture.canada:10413
- Newsgroups: can.general,soc.culture.canada
- Path: sparky!uunet!uunet.ca!wildcan!sq!sherman
- From: dave@lsuc.on.ca (David Sherman)
- Subject: Common-law spouses and income tax law
- Message-ID: <1993Jan28.003542.19473@sq.sq.com>
- Sender: sherman@sq.sq.com (David Sherman)
- Organization: The Law Society of Upper Canada
- Distribution: can
- Date: Thu, 28 Jan 93 00:35:42 GMT
- Lines: 35
-
- After one of my earlier postings, I had the following email discussion
- with Ian! D Allen (idallen@watcgl.uwaterloo.ca) that may be of
- general interest. (Ian!'s text posted with his permission.)
-
- > >The upshot was that in the February 1992 federal budget the Minister
- > >of Finance announced that, effective January 1, 1993, common-law
- > >spouses would be treated as spouses, if they had "cohabited in a
- > >conjugal relationship" for 12 months or were parents of the same child.
- > >Those rules are now in force, although the legislation to enact them
- > >(new subsection 252(4) of the Income Tax Act) is still before Parliament.
- >
- > Hey -- my girlfriend and I have been living together for over a year.
- > Does this mean the Gov't will be sending us a joint tax return this year?
- > Does this mean I'm breaking the law if I don't fill one out?
- > To re-establish our independence, shall I move out for a day? a week? a month?
- >
- > Didn't the rules used to be "more than 3 years" if no children were involved?
- >
-
- There are no joint tax returns in Canada, but yes, when it comes
- to your 1992 return you need to indicate that you're living common law,
- and when it comes to your 1993 return (filed in April 1994) you will
- be treated as spouses. That has quite a number of side effects (I recently
- wrote a 60-page paper on the subject).
-
- To avoid that treatment you'd have to separate for 90 days because of
- a breakdown in your relationship, but once you move back together you'd
- instantly become spouses again.
-
- The 3 year rule is for Ontario family law purposes. This rule is
- for federal income tax purposes.
-
- David Sherman
- Author, "Till Tax Do Us Part: The New Definition of 'Spouse'"
- (Proceedings of the 1992 Canadian Tax Foundation annual conference)
-