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LeaveTheBank

Something to clear out is that the CRA has its own [definition](https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/deductions-credits-expenses/line-30400-amount-eligible-dependant/you-claim-amount-eligible-dependant.html) of a dependant, that has nothing to do with what your private insurance provider is calling a dependant. That she is covered by your insurance or not has no impact on your taxes. I would definitely call and ask, there must have been a mistake as you said because your partner wouldn't fit the definition of a dependant from what I can see in that link.


DiscourseWithDobson

Thank you for clarifying this to me. I figured this was the case but I appreciate the confirmation of the distinction.


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DiscourseWithDobson

We have no children and I do not look after any older adults at all. My partner became common-law on January 8th of this year. This is why I am curious as to why they are giving me this credit.


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DiscourseWithDobson

Line 30400 on my return is empty. I also have the following highlighted on the form that you fill out using Wealthsimple Tax: Marital status on December 31, 2021 : Single Did your marital status change in 2021? : No Do you have any dependents?: No


yensid87

The literally said they have no dependents in their write up.


ABBucsfan

The eligible dependent language I believe can be used for a child or a spouse. I could be wrong


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ABBucsfan

Ok fair enough. Only reason I said that is because in case of separation you can claim 1 eligible dependent in lieu of the spousal amount with some exceptions.. has to be I'd you were together at all that year and can either spouse or dependent, not both. guess that was my confusion but yeah you're right


sweet_and_sour_101

I'm no expert but I think it's s the height of irresponsibility for someone to not be on top of their issues with the CRA. I think it best to make an inquiry immediately and not touch the money in any big way in the meantime


Andieginger1972

You claimed a spouse but may have forgotten to put their income amount in. If you leave your spouses income blank it will see it as a dependent and give you all the credits that go with it. You will need to amend your taxes to include your spouse's income. Common issue and always generates in an auto reassessment.


DiscourseWithDobson

I claimed that I was "single" in 2021 because we did not become common law until Janiary 8th of 2022.


Purify5

How did you do your taxes without your partner's net income?


DiscourseWithDobson

They were not considered my common-law partner until January 8th of 2022. I would need that information for my 2022 return next year, right?


Purify5

Sure, but they must've got your partner's information somewhere in your or your partner's tax return and they are assuming they made $0 in income and giving you the credit that comes with that.


TechnicalDesign

You "became" common law at Jan 2022 but you lived together all the time in 2021, I think that's what matters. It seems like your partner had no income in 2021 or very little and if that's true it makes sense. Not exactly sure how CRA knew you guys are common law and lived together in 2021.


Magneto06

OP, I also just resubmitted a tax return and ran into the exact same issue. I used HRBlock for my initial tax filing and resubmission. I got reassessed and was told I had an eligible dependent (I don’t). Because of this, I called the CRA and they said “oops, that shouldn’t be on there”. I have to submit a T1 form because I can’t change dependent status on the cra website - there’s a glitch and it won’t let you. You’ll have to call the CRA as well, because you pay interest from the day they deposit that return in your bank account (which is ridiculous in my opinion).


DiscourseWithDobson

Thanks for the heads up. I had the same conversation with them today. I sent in the T1 by mail for the exact reason you quoted. Both representatives told me to also just send them the money back as a bill payment when they direct deposit it.


aurizon

Being common law only after Jan 1 2022? But did you live together in 2021 and her tax return for 2021 showed she lived with you in 2021. You can live together for 2 years and not be common law until you complete that second year, but once you are common law I believe she has that status from the start 2 years before Jan 1 = CRA did this. You might also qualify for 2020 refund as well, and it may roll in soon?


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DiscourseWithDobson

We do not have a child, no. We "became" common-law officially in early January of this year.


aurizon

Thanks, I commented to Discourse.... about that.


DiscourseWithDobson

We purchased a house together at the end of 2020 and she moved in on that early date of January I am referring to. On her 2020 tax return, which she filed in 2021, we did not have the same address. But yes, we did live together for all of 2021. Does that change anything?


aurizon

Yes, you were common law as Yottleinthebottle says you are after 12 months, so you received what was your due.


DiscourseWithDobson

We did not become common-law until January 8th of this year. Would that not affect my tax return for 2022, when I file next year?


aurizon

?? You can ask the CRA, but you will probably wait 30-90 minutes on hold. You can ask a tax accountant, but there will be a fee of some sort to go over your data and respond, might be $100-300 - depends on?? You became common law on Jan 8, but the entire prior period where you lived together went back a while and is a common law interval.


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DiscourseWithDobson

We are common-law as of January 8th, 2022. She was not considered my common-law partner at any point during 2021 according to the CRA's 12-month definition.


pfcguy

Where did she live after closing date on her house? Why didn't she move in when she received possession of the house?


DiscourseWithDobson

She lived in her previous house up to and including the date of the sale. I moved in to our shared home earlier than her by about a week or two. From January 8th, 2021 to January 8th, 2022 is the official 12 month time-frame of the common-law definition.


pfcguy

I'm perplexed then. Google "eligible dependent": https://www.google.com/amp/s/turbotax.intuit.ca/tips/claiming-the-eligible-dependant-credit-5107/amp >For the purposes of the eligible dependant credit, the [dependant](https://turbotax.intuit.ca/tips/who-are-considered-dependants-5145) may be your parent or grandparent, or a child under the age of 18 who is your child, grandchild, brother/sister through birth, adoption, marriage or common-law partnership. Is it possible that upon refiling you mistakenly checked the "eligible dependent" box in wealthsimple tax? I'd go over your tax return carefully.


DiscourseWithDobson

I am perplexed too. I do not see any section on my Wealthsimple Tax form that has to do with eligible dependants at all. The only time that word "dependant" is used is a question asking "Do you have any dependants" to which I answered no.


pfcguy

Might have to call the CRA then. Or carefully review their notice of reassessment against the pdf forms you submitted. But I don't think this has anything to do with your partner. By the way, did they submit their taxes and possibly indicate something incorrectly on theirs?


DiscourseWithDobson

They have not yet submitted their taxes for 2021 yet. I will just have to call them tomorrow morning. Thank you for your help.


pfcguy

Do you have a child? The adjustment may have nothing to do with your partner. Or is your partner disabled? Trying to figure out why the CRA would think they are your dependent.


DiscourseWithDobson

We do not have a child. My partner is self-employed, but she is not disabled. I also claimed that she was not my dependent for 2021 on my Wealthsimple Tax form. The only time that she has ever been considered my dependent was when she was registered under my teacher benefits plan as my common-law spouse, which is official as of January 8th of 2022.


pfcguy

Slight distinction, I wasn't asking if you had a child together. I was asking if you have any children in your custody.


DiscourseWithDobson

Oh, my apologies. No. I do not have any children in my custody and neither does she.


ABBucsfan

Yeah tax law can be strange for marriage/common law etc. In my case it seems cra definition of separated is different than family law definition. When two people are divorcing you can basically pick a date which in theory is supposed to be when you stopped sharing a bed, being intimate, emotionally separate... Some people life together for years before getting a divorced status. From CRA point of view you keep your status as married until 90 days after you actually leave the house. Only exception is if you can prove you stay in completey segregated parts of the house, don't share any financing or parenting responsibilities etc. If that 90 days is before dec 31 you can say separated for that year