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gigalu

Star Member
Oct 23, 2014
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09-01-2015
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16-01-2015
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Hi, I got married last year in September in India. My wife's application is still in process. My marriage was registered in India. I haven't done anything in Canada to update my status.
Could someone tell me how should I be filing my taxes. Do I tell CRA that I am married? Do I need to register my marriage in Canada for that? If so, how? My wife is still not in Canada, so should I wait for her to change my status? I am really not sure. Any help will be appreciated.

Regards
 
You don't need to "register" a marriage in Canada. A legal marriage performed anywhere in the world, is automatically considered legal in Canada. A translated copy of marriage certificate is all the proof anyone will need in Canada if they ask.

For taxes CRA asks you your marital status as of Dec 31, 2014, so that would be "married". CRA will also ask for your spouse's world income earned overseas.

If her world income is $0 or very low and you can show you are supporting her financially, then you can claim her under the "spouse amount" on your taxes for a big tax credit, even though she is not yet in Canada. However if she is earning decent income or you are not supporting her, then you can't claim her under this and there should be no difference in your taxes even after you change your marital status.
 
gigalu said:
Hi, I got married last year in September in India. My wife's application is still in process. My marriage was registered in India. I haven't done anything in Canada to update my status.
Could someone tell me how should I be filing my taxes. Do I tell CRA that I am married? Do I need to register my marriage in Canada for that? If so, how? My wife is still not in Canada, so should I wait for her to change my status? I am really not sure. Any help will be appreciated.

Regards

I found this to be very informative:

http://www.howlandtax.com/articles/nonresident-spouse.htm
 
I got married on Dec 27/2014 in Pakistan. So when filing do i need to change it to married. Also I send her money as well. So can I claim that and how
 
sohaib1 said:
I got married on Dec 27/2014 in Pakistan. So when filing do i need to change it to married. Also I send her money as well. So can I claim that and how

Yes you can file as married for 2014, and can claim spousal tax credit if she make little/no income in Pakistan and you are sending her money to support her.

Read here for what kind of proofs you will need to claim spousal credit. http://www.cra-arc.gc.ca/E/pub/tp/it513r/it513r-e.html#P178_25861
 
Rob_TO said:
Yes you can file as married for 2014, and can claim spousal tax credit if she make little/no income in Pakistan and you are sending her money to support her.

Read here for what kind of proofs you will need to claim spousal credit. http://www.cra-arc.gc.ca/E/pub/tp/it513r/it513r-e.html#P178_25861

I'm in the same boat. I got married in Dec 23,2014 and my wife is a non-resident and has no income. I made a couple of very minor money transfers to my wife the month before our marriage ($300 in total) and gave her money in cash when we got married. How can one proof that they support their spouse when they are only married for a few days during the taxation year? Would CRA accept that? What kind of proof would I need to submit in my case? One thing to note is that I do have a few money transfers from 2015 that I made to her, would these help?
 
akcec said:
I'm in the same boat. I got married in Dec 23,2014 and my wife is a non-resident and has no income. I made a couple of very minor money transfers to my wife the month before our marriage ($300 in total) and gave her money in cash when we got married. How can one proof that they support their spouse when they are only married for a few days during the taxation year? Would CRA accept that? What kind of proof would I need to submit in my case? One thing to note is that I do have a few money transfers from 2015 that I made to her, would these help?

As you married during the 2014 tax year, then you are eligible to claim her as a spouse for your 2014 taxes.

In addition to the CRA link I posted above, here is one from H&R Block that gives a bit more info on claiming a non-resident spouse not in Canada: http://taxtalk.hrblock.ca/family-matters/children-tax/the-ins-and-outs-of-claiming-non-resident-dependants/
The proof of payment must include your name, the amount, the date of payment and your spouse’s name and address. The amount you send must also be sufficient to constitute support − the occasional gift will not suffice. And regardless of the amount you send, you will not be considered to support your spouse if he or she already has enough income or assistance for a reasonable standard of living in the other country.

Basically you need to prove that you are sending money that your spouse is dependent on to live. My interpretation of the rule is that it's ok if you were just married a few days in 2014. As long as you can prove she is dependent on the payments you are giving since marriage, and that the payments are ongoing and continuing, it would be acceptable to claim her under the spouse amount.

That being said, i'm no accountant. It's really better in these cases to get a professional opinion from an accountant who has some experience with claiming non-resident spouses.
 
Rob_TO said:
As you married during the 2014 tax year, then you are eligible to claim her as a spouse for your 2014 taxes.

In addition to the CRA link I posted above, here is one from H&R Block that gives a bit more info on claiming a non-resident spouse not in Canada: http://taxtalk.hrblock.ca/family-matters/children-tax/the-ins-and-outs-of-claiming-non-resident-dependants/
The proof of payment must include your name, the amount, the date of payment and your spouse's name and address. The amount you send must also be sufficient to constitute support − the occasional gift will not suffice. And regardless of the amount you send, you will not be considered to support your spouse if he or she already has enough income or assistance for a reasonable standard of living in the other country.

Basically you need to prove that you are sending money that your spouse is dependent on to live. My interpretation of the rule is that it's ok if you were just married a few days in 2014. As long as you can prove she is dependent on the payments you are giving since marriage, and that the payments are ongoing and continuing, it would be acceptable to claim her under the spouse amount.

That being said, i'm no accountant. It's really better in these cases to get a professional opinion from an accountant who has some experience with claiming non-resident spouses.

Thanks a lot for the information. I hope that what you are saying is true and I can get some tax refund! I will consult an accountant to see if I can use the western union receipts from 2015 as a proof.