How to override 'spouse or common law partner' amount?

My parents and I live in the same address. Parent 1 has low income level, and parent 2 has 0 income. As my income is much higher than parent 1, I am hoping to claim the amount for an eligible dependent (in accordance with CRA guidelines) in my own tax return, with parent 2 being the dependent. However, when we enter information for parent 1 and parent 2 on Turbotax online, parent 1's tax return automatically claims the 'spouse or common law partner' amount (line 30300 federal & 5812 Ontario). Therefore, I am unable to claim parent 2 as a dependent on my own return.

Is there any way our family can override parent 1's schedule 1 (line 30300) and ON428 (line 5812) to not claim the 'spousal or common law partner' amount? Thank you!

Any help or insights on the situation will be much appreciated!

1257

Intuit Alumni

Feb 12, 2021 2:07:37 PM

If the marital status relationship has not changed during the tax year, then one of them has to claim the spousal amount even if it will not affect their tax liabilities. In this case, you will not be able to claim the eligible dependant amount.

The only time you can override this is when a break in the relationship happens. Then you get to choose between the spousal amount or eligible dependant amount.

Here is a link on when you can claim the eligible dependant amount :

https://turbotax.community.intuit.ca/community/family-education/help/who-can-claim-the-tax-credit-for-an-eligible-dependant/00/873602

I hope this was helpful

Level 1

Mar 13, 2022 3:37:26 PM

Except this is incorrect. If you file separately, you have the option of not claiming the spousal amount. This has been confirmed by the CRA.

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How to override 'spouse or common law partner' amount?