My wife and I became separated in Nov 2017, and we are filing separate tax returns, and we are trying to figure out who claims the children on their return. Do we both put each child as a dependent, or does only 1 parent include the children? We have 4 children, all living at home. During the year, we all lived in the same home until the end of Nov. I know that the CRA says to file a joint tax claim if we were not separated for 90 days prior to Dec 31, but we also read to avoid this and file separate claims, we can wait until after the 90 days from the date of separation to file our taxes. Should we still be filing a joint tax return and then changing our status with the CRA immediately after, or can we file separate claims? And who then claims the children as dependents?
You will now have met the 90 day rule and not reconciled within 60 days of the end of the year. The parent who the children resided with should claim them on their tax return. However if you were considered to have joint custody then one child can be claimed on the other parent's tax return for the period of Nov-Dec as Eligible Dependant. This claim will be disallowed in a year when the non-custodial parent is required to pay child support but may be claimed in the year of separation.
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