When I was a single parent, I claimed my 13 year old son as a dependant and received quite a substantial tax credit and refund. My marital status has since changed to "Common Law" and now the software is telling me that I can not claim my son as Dependant because I am Common Law and have claimed the Spousal amount. Since my partner makes more than the $12000, I receive no tax credits or refund when claiming the Spousal Amount. We live together but since my divorce, I keep everything financially separate and I receive no financial support from her.
Is there anyway to not claim the Spousal Amount and instead choose to claim my son as a Dependant since he does not work or earn any income and is fully supported by me?
Seems like I'm being punished for letting my girlfriend move in with me.
Pete
If you are married or living common law, you can’t claim a dependant as an eligible dependant. It’s the most basic requirement of the credit, as you can see on the CRA website: https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/deductions-credits-expenses/line-30400-amount-eligible-dependant.html
But you should be able to if you don't live together and don't support each other even if you have not divorced.
If your marital status is separated then yes you can claim your child as an eligible dependent.
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