Looking for help

[robertben80]

My girlfriend and I have been together since 2006. We lived with each other for a 1.5 years in the US, we then moved to France and lived together for almost 3 years. She decided to go back to school so she went back to Canada. I moved back for a job in the US while she was a school for 1 year, graduating in 2013. We have been trying to find jobs in one location since. She is now moving to Calgary and I am hoping to move out there with her. We want to state our common law relationship by filling out a Statutory Statement of Common Law Union, but we have not been living together since she went back to school. She is currently in Toronto, I found a job in Buffalo and come every weekend to see her. We were wondering if we will have any issues with the Common Law Union because she never made a statement when she previously filed her taxes that she was in a common law relationship. We were wondering if when we send in the Statutory paper does that mean that from the date we signed it we will be in a common law relationship and she will have no problems with previous tax issues.

Any help would be useful

 

[scylla]

How long has it been since you have lived together at one physical address? Based on what you've written, it sounds like it's been a year or more since you last lived together. If this is the case, you may no longer be common law by CIC's definition.

 

[Rob_TO]

she never made a statement when she previously filed her taxes that she was in a common law relationship.

If she filed her taxes with CRA as single, when it fact she was common-law, then that could be an issue. You need to include previous years Option C tax printout, so it will clearly show "single" as her status to CIC. Since a common-law couple is supposed to be sharing all finances (including taxes), that would be a big problem. She would need to go back and re-assess previous tax years as common-law, before trying to claim common-law to CIC.

Also where there is no specific time you are allowed to live apart after establishing common-law status... the longer it is, the harder the common-law status is to prove.

Did you also keep proofs of your previous cohabitations in US or France, such as shared lease contracts, mail to both of you going to same address, joint financial statements showing your same address... all that will actually prove 1 year of cohabitation? The Stat Declaration of Common-law is actually not even required by CIC. They need to see real tangible proof that you indeed lived together for 1 year. If you can't prove it, then to CIC it didn't happen.

 

[robertben80]

Hello,

We have lived apart for about 1.5 years. We have documentation of our relationship in terms of signed leases in the US and in France. We have plenty of photos of numerous trips together. Our main concern are the taxes. Since, I have never lived in Canada with her, I am not sure why she would have to declare my income on her tax forms. Does anyone know where we can get more information on this subject.

I am very impressed with everybodies knowledge on these subjects, this site is amazing.

 

[Rob_TO]

Since, I have never lived in Canada with her, I am not sure why she would have to declare my income on her tax forms.

It doesn't matter if you have never lived in Canada. Similarly if you were married, she would still have to list her status to the CRA as married, even though you don't live in Canada. Common-law is no different, and technically filling as single when you are in fact common-law, is a form of tax fraud. So need to be careful telling one aspect of government (CIC) you are common-law, while trying to tell another (CRA) that you are single.

CRA would ask her for your "world" income in whatever country you earn money in, to report on her taxes, and this would be used to calculate her family income. If she was getting any special tax credits by filing as single, if she filed as common-law then with her family income (so including yours) she may not be eligible for some of those credits anymore.

Best way to search on this is to review the CRA website, or talk to a Canadian accountant.