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mel . | Should I declare dependants on my Tax Return? |
Say "jim" was together with "sally" for 5 years and they were common law, and sally had a child. Jim took care of the child but was not the biological father and unfortunately they split up. On Jim's taxes, should he declare the child as a dependant? He is not supporting them anymore. |
 |
 
CanadianBlondie
|
Even if Jim was the biological father, only one person can claim that child.
If CRA looks into this, which they likely will, they will want verification from Sally that Jim had custody of the child and she isn't claiming her child for that year. The chances of Sally giving that to Jim are slim to none.
Unfortunately, if Jim and Sally can't agree over who claims the child, and CRA finds validity in both claims, neither Jim nor Sally will be eligible for the deduction.
Per CRA:
"If you and another person both can claim this amount for the same dependant (such as shared custody of a child) but cannot agree who will claim it, neither of you is allowed to claim the amount."
http://www.cra-arc.gc.ca/tax/individuals/topics/income-tax/return/completing/deductions/lines300-350/305/qa7-e.html |
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Mike J
|
Ask an accountant |
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LaLa
|
The only one who would be able to claim the eligible dependant amount is Sally. You can claim the amount only if, at some time in the year, you supported a dependant who lived with you and you did not have a spouse. The dependant also has to be (in this case) your child by birth or adoption.
Since this is Sally's child, I am assuming that the child did not live alone with Jim. When they broke up, the child continued to live with Sally, right? Jim would not be eligible to claim the child.
Click on this link for the rules on if you can claim the eligible dependant amount:
http://www.cra-arc.gc.ca/tax/individuals/topics/income-tax/return/completing/deductions/lines300-350/305/eligible-e.html |
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Michelle
|
Unless "Jim" is the adoptive parent, then he has no entitlement to the child as a dependent. |
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brittv83
 |
If they aren't your biology children then I don't think your allowed to claim them on your taxes. You may want to check laws concerning taxes. Or even calling like h and r Block to ask them if that is legal? |
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All Natural Honey
 |
only 1 person can claim him. If you ask the caretakers now, and they say it's ok, and they don't claim him, then you can. |
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Gone fishin'
 |
Jim cannot claim a dependent that he doesn't support. But Sally should claim the child as a married equivalent if she has no spouse. |
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getemgirl2105
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only if you know that nobody else is claiming the kid i would thats more money back |
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kelannde
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Unless Jim had custody of the child for the year, it would be a good way for Jim to go to jail, or owe the IRS big bucks |
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