Common Law Vs TWP Tax Question
Apr 17th 2013, 7:26 am
#1
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Joined: Apr 2013
Location: Basingstoke, Hampshire
Posts: 27
Common Law Vs TWP Tax Question
Hi All
Im looking into moving to Saskatchewan early next year to live with my girlfriend of 2 years (Canadian Citizen) but we have a query about tax... ...ill be going the TWP route hopefully as unable to apply for Common Law for the first year but she has 2 children from a previous relationship and was advised by her accountant that, from the moment I move in, we're "considered common-law because the children are immediately dependent on someone else to help provide for them". So my immigration status will be on a TWP but living status and for tax filing purposes will be living with her as common law. Does this seem right and legal as The Immigration regulations and regulations with Revenue Canada seem to contradict themselves with regards to filing common-law.. Can anyone advise us how to approach this issue?
much appreciated
Andy
Im looking into moving to Saskatchewan early next year to live with my girlfriend of 2 years (Canadian Citizen) but we have a query about tax... ...ill be going the TWP route hopefully as unable to apply for Common Law for the first year but she has 2 children from a previous relationship and was advised by her accountant that, from the moment I move in, we're "considered common-law because the children are immediately dependent on someone else to help provide for them". So my immigration status will be on a TWP but living status and for tax filing purposes will be living with her as common law. Does this seem right and legal as The Immigration regulations and regulations with Revenue Canada seem to contradict themselves with regards to filing common-law.. Can anyone advise us how to approach this issue?
much appreciated
Andy
Apr 17th 2013, 7:58 am
#2
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Joined: Jul 2007
Location: White Rock BC
Posts: 11,688
Re: Common Law Vs TWP Tax Question
Your status for tax purposes is determined using a completely different set of rules than used for immigration purposes.
Common-law partner
This applies to a person who is not your spouse, 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.
http://www.cra-arc.gc.ca/tx/ndvdls/t...eng.html?=slnk
Edit: I suppose the question is if your girlfriend's children will be wholly dependent on you.
Common-law partner
This applies to a person who is not your spouse, 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.
http://www.cra-arc.gc.ca/tx/ndvdls/t...eng.html?=slnk
Edit: I suppose the question is if your girlfriend's children will be wholly dependent on you.
Last edited by JonboyE; Apr 17th 2013 at 8:02 am.
Apr 17th 2013, 8:16 am
#3
Just Joined
Thread Starter
Joined: Apr 2013
Location: Basingstoke, Hampshire
Posts: 27
Re: Common Law Vs TWP Tax Question
Your status for tax purposes is determined using a completely different set of rules than used for immigration purposes.
Common-law partner
This applies to a person who is not your spouse, 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.
http://www.cra-arc.gc.ca/tx/ndvdls/t...eng.html?=slnk
Edit: I suppose the question is if your girlfriend's children will be wholly dependent on you.
Common-law partner
This applies to a person who is not your spouse, 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.
http://www.cra-arc.gc.ca/tx/ndvdls/t...eng.html?=slnk
Edit: I suppose the question is if your girlfriend's children will be wholly dependent on you.
i think my girlfriends accountant has made a mistake then, he said we,d become common law from day one of living together because im not the childrens father but id be helping her to look after them financially, she has a job so we,d be sharing the cost as such, it looks like we need to go back to him and get clarity on the subject.....thanks again :-)
