Taxe related question

[basketballfan]

So I'm returning to work and required to complete personal tax credit returns/deductions, provincial and federal. I financially support my husband in his home country who is unemployed and my 3 year old child here. It appears I may be ineligible for the 'spouse or common-law partner amount' because my husband doesn't live with us and this is beyond our control (no PR yet) and ineligible for the 'amount for an eligible dependent' (my 3 year old) because I am married.

Has anyone in my situation been successful in claiming these deductions? Has anyone claimed rent paid abroad on behalf of their spouse for year-end taxes. I have not even attempted to claim thousands of dollars worth of expenses paid elsewhere. I'm also signing up for child care subsidy in my city and they have no category for someone like me because they assume that everyone who is married lives with their spouse and if your spouse is unemployed they expect that the spouse can look after the child - well that's not feasible.

 

[sashali78]

So I'm returning to work and required to complete personal tax credit returns/deductions, provincial and federal. I financially support my husband in his home country who is unemployed and my 3 year old child here. It appears I may be ineligible for the 'spouse or common-law partner amount' because my husband doesn't live with us and this is beyond our control (no PR yet) and ineligible for the 'amount for an eligible dependent' (my 3 year old) because I am married.

Has anyone in my situation been successful in claiming these deductions? Has anyone claimed rent paid abroad on behalf of their spouse for year-end taxes. I have not even attempted to claim thousands of dollars worth of expenses paid elsewhere. I'm also signing up for child care subsidy in my city and they have no category for someone like me because they assume that everyone who is married lives with their spouse and if your spouse is unemployed they expect that the spouse can look after the child - well that's not feasible.

You should write a letter to CRA explaining your specific situation. I know of cases were special circumstances were considered and credits granted.

 

[Rob_TO]

If you are actually supporting your spouse living outside Canada then yes you can claim him under the spousal amount in your taxes. However since you are not living together in Canada you may need to submit lots of additional proofs & evidence to show you are sending money regularly to him for support, and CRA also may want to know if he's getting income from his own government benefits or other relatives in home country. You would only be able to claim up to the maximum allowable spouse amount if his world income was indeed $0.

Read more here.
http://www.howlandtax.com/articles/nonresident-spouse.htm
http://www.cra-arc.gc.ca/E/pub/tp/it513r/it513r-e.html#P178_25861

 

[basketballfan]

Excellent - thank you for the advice! I contacted CRA's telephone enquiry line and the agent didn't know and suggested that I contact my accountant under these circumstances. I've sent transfers through western union, especially when my son went to live with him. I hope CRA understands. As for the paperwork, as if we haven't had to deal mountains of paperwork proving the genuineness of our circumstances before (not looking forward to that ???).

 

[Rob_TO]

Excellent - thank you for the advice! I contacted CRA's telephone enquiry line and the agent didn't know and suggested that I contact my accountant under these circumstances. I've sent transfers through western union, especially when my son went to live with him. I hope CRA understands. As for the paperwork, as if we haven't had to deal mountains of paperwork proving the genuineness of our circumstances before (not looking forward to that ???).

The CRA call centre is typically useless for more complex issues like this.

Remember that CRA may also want to see proof your husband is not earning even a penny of income in his home country, through employment and through any government benefits. Any amount he earns or any value of support he's getting locally, may need to be deducted from the amount you can claim.

Based on 2014 tax amounts, the maximum amounts you would get back in credits for claiming the full amount for spouse (assuming Ontario) is:
Federal 11,138 max claim x 15% credit = $1,670
Provincial 9,032 max claim x 5.05% credit = $456
Total $2,126