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CLAIMING SPONSORED SPOUSE ON TAX RETURN?

TIREDOFITALL

Member
Jun 22, 2011
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MY HUSBAND HAS BEEN LIVING IN CANADA OUT OF STATUS FOR SOME TIME. I AM DOING HIS APPLICATION FOR SPONSORSHIP NOW AND I NEED TO KNOW HOW REVENUE CANADA REACTS TO SEEING A PERSONS NAME ON A TAX RETURN WITH NO SOCIAL. ALSO, IF I OWN A BUSINESS AND MY HUSBAND WORKS WITH ME AND HELPS ME AND I DO NOT PAY HIM IS THIS PERMITTED CONSIDERING THAT HIS EMPLOYMENT IS FOR HIS SPOUCES BUSINESS?
 

canadianwoman

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Nov 6, 2009
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Don't admit to the government that he is working for you, even if he is not getting paid. If you would have to pay someone else to do that work, the government will consider that he is working illegally. I just read an appeal case where someone was deported for just 'helping out' a family member in the family member's store - no money exchanged hands, but the gov't condidered that he was working, he did not have a work permit, and was deported.

If you file without his SIN, the gov't will write back asking for it, and will not process the file until they get it.
 

TIREDOFITALL

Member
Jun 22, 2011
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i dont know why but i was under the impression that spouces were exempt from these work permit rules, i know family members who are not spouces are not. I have to submit the latest notice of assessment with my application so all i have is last years if Revenue doesnt process the one that includes my husband.
 

canadianwoman

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I would just not say he is working for you, unless someone comes on here and said they had no problem with it. I think you can get a temporary SIN to use just for the tax return for him.
 

toby

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Sep 29, 2009
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canadianwoman said:
I would just not say he is working for you, unless someone comes on here and said they had no problem with it. I think you can get a temporary SIN to use just for the tax return for him.
If he is not receiving pay, if he is not working officially, what is the advantage of his filing a tax return?
 

chelley

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Apr 4, 2009
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canadianwoman said:
If you file without his SIN, the gov't will write back asking for it, and will not process the file until they get it.
you can file him as a spouse on your form(and possibly claim eligible deduction, not sure if you are eligible if he is out of status?).. Without a SIN, they will ask for a world income statement... Submit that with your return and a letter explaining that he is in the middle of a PR application and you should be good (I seem to remember one other form I had to fill in but that was after he landed)... My husband was on my tax return before he ever stepped foot in Canada...

However I am not sure if CIC needs to see your husband claimed on your form... Revenue Canada might hassle you since you are supposed to notify them when your marital status changes... CIC more or less just wants to see your income I believe....
 

ditta

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There was someone inland- Komar who was denied first for PR and one of the reasons was exactly that he filed taxes as single for the year when he got married. I assume CIC does want to see the spouse on the taxes as it is a prove of the relationship. You may get questioned if you file as single while you are married.
 

TIREDOFITALL

Member
Jun 22, 2011
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Canada is terrible with these gray areas, my accountant was puzzled about how to file my taxes in previous years and always put me as single :eek: . Im sure I will see problems soon......... Revenue Canada told me to send a letter requesting marital status update for my file. I am sure Child Tax benefits will be compromised next. :mad:
 

chelley

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Apr 4, 2009
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I'm sorry, but your accountant should be fired and lose any license to call themselves a professional .... the process was dirt simple, as soon as i got married i phoned revenue canada to ask them how i go about changing my name... they did that and told me what forms i needed to file for my husband until he gained entry to canada and got a SIN card... it was a no brainer form that took all of 5 seconds to fill out and 20 seconds to address the enevlope...

i even completed and filed my taxes (as married to a non-SIN holding, non-resident) using an online tool (forget which one)... claimed the equivilent to spouse for my daughter since my husband was not living in canada yet... (something i had to research a little to figure out, but wasn't that hard)...

your accountant should have advised you to change your status with revenue canada immediately (it is the law i believe), and you would not have had any of these problems you are having... they would have requested a world income form after you filed your first tax return and if your husband had no income your deductions would probably have increased, and your return and other monies owing would have also increased...

i'm sorry :(
 

TIREDOFITALL

Member
Jun 22, 2011
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Yes I agree, she really did a numberon that one, she had a colleague do my tax return for 2010 as she was scared to make a mistake. i have tofax them and ask them to change it in my file for previous years.
 

deegirl

Full Member
Aug 29, 2008
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And what happens when your spouse has left and revenue canada wants his sin number...and. he refuses to tell me this informaton...how can one claim suport one one piece of shit who just use you for entry
 

boblu

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Oct 11, 2010
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you should not be putting him on your taxes unless the person has a SIN number and even if they have no income they need to file tax Canada should be asking for there number before allowing any deduction or even allowing them to be put on your form You do not have to have income to claim OAP when your 65 and this is why even with 0 income they need to go on your returns after getting a SIN number
 

chelley

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You SHOULD be filing as married when you are married and should be claiming your spouse's income (even if zero) on a world income form if they do not have a SIN number... This is the process as per revenue Canada so you can verify them if you wish... As soon as you get married you are obligated to change your single status and report your spouses income, even if you do not yet live together...
 

boblu

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Oct 11, 2010
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chelley said:
You SHOULD be filing as married when you are married and should be claiming your spouse's income (even if zero) on a world income form if they do not have a SIN number... This is the process as per revenue Canada so you can verify them if you wish... As soon as you get married you are obligated to change your single status and report your spouses income, even if you do not yet live together...
i did check before i filed my income tax
if they do not have a SIN number you should not be claiming them it is not the income or married. They need a sin number to be filed if you not a Canadian or legally in Canada it will make a difference with OAP if your getting a deduction I was told they could go back and re-adjust your taxes in future years
 

CharlieD10

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My husband was told last year by Revenue Canada among other government agencies to update his status to married immediately after he returned from our wedding. He had not planned to add me to his tax return until this year, as we would have been married for a full calendar year, but they nipped that thought in the bud and told him he was required to add me as his spouse ASAP. His accountant requested my income and tax information for Jamaica; she said even though it might not be required immediately, she should have it on file so that she can research any further adjustments needed to his return.

As an accountant and tax professional myself, I can tell you, your accountant leaves a LOT to be desired. Even if she didn't know the answer immediately, it was her responsibility to research the matter thoroughly in order to offer you the most accurate advice.