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When I try to claim the credit TurboTax denies me because marital status hasn't changed. Does that mean I can't claim it? How can I get around the Fix error?

My wife did not live with me all of last year and I have dependants under the age of 18.  I am not claiming the spousal amount and we are still married. 

This is additional information I received for Line 305.   I am only one claiming credit.  I bold what applies to me.  I am getting conflicting information the past two weeks on what I can or cannot do and Turbotax is preventing me from claiming.

This tax credit cannot be claimed if

you are claiming the spousal amount tax credit (line 303).the claim is for a child for whom you were required to make support payments during the year.  However, if you and your spouse were separated for only part of the year due to a breakdown in your relationship, you can still claim this tax credit, as long as you do not claim any support amounts paid to your spouse, and as long as the child was under 18, or mentally or physically impaired, during the period of separation.

Note that the Canada Revenue Agency information on line 305 (link below) says the credit cannot be claimed if "someone else in your household is claiming this tax credit - only one claim is allowed per household".  However, the Income Tax Act doesn't seem to support this statement.

You may claim this credit if, at any time in the year:

you supported a dependant, and lived with the dependant in a home that you maintainedand
you are unmarried and do not live in a common-law partnership, or
you are married or in a common-law partnership, but do not live with your spouse, do not support your spouse, and are not supported by your spouse.

and if, at that time (when the above conditions are true), the dependant is

except in the case of your child, resident in Canada,your parent, grandparent, child, grandchild, brother or sister by blood, marriage, common-law partnership or adoption, and
except in the case of your parent or grandparent, either under 18 years of age, or dependent due to mental or physical infirmity.
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Accepted Solutions

When I try to claim the credit TurboTax denies me because marital status hasn't changed. Does that mean I can't claim it? How can I get around the Fix error?

So the main cause of the problem is the fact that marital status has not changed.  You could file as separated.  You would then need to mail in the return as you cannot make changes to name, address, SIN or marital status.  However, you cannot claim if:

1.You are paying child support

2.Someone else is making the same claim.

CRA does slip matching.  If they find both spouses claiming the children, they will disallow both and it will take some time to get it sorted out.  Spousal support is taxable and deductible.  Child support is neither.

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When I try to claim the credit TurboTax denies me because marital status hasn't changed. Does that mean I can't claim it? How can I get around the Fix error?

So the main cause of the problem is the fact that marital status has not changed.  You could file as separated.  You would then need to mail in the return as you cannot make changes to name, address, SIN or marital status.  However, you cannot claim if:

1.You are paying child support

2.Someone else is making the same claim.

CRA does slip matching.  If they find both spouses claiming the children, they will disallow both and it will take some time to get it sorted out.  Spousal support is taxable and deductible.  Child support is neither.