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Level 1
posted Mar 13, 2022 12:57:29 PM

Separation during year

I became separated on Nov 7, 2021, so I don't meet the CRA requirement of 90 consecutive days as of Dec 31. Do I answer Married on the Turbotax marital status question?  It doesn't ask about 90 days, it just asks if marital status changed, which it did and therefore I can't file a coupled return. 

0 2 1790
2 Replies
Level 3
Mar 14, 2022 10:43:24 AM

According to this Canada Revenue Agency (CRA) link Marital status:

Separated means that you have been living apart from your spouse or common-law partner because of a breakdown in the relationship for a period of at least 90 days.

If you file your return before your 90-day separation period is over and that period includes December 31, enter your marital status as married or living common-law, as applicable. If, after filing your return, you continue to live separate and apart from your spouse or common-law partner and you have been living this way for at least 90 days, complete Form RC65, Marital Status Change, using the date of the beginning of the 90-day period as your date of separation. You will also have to file an amended return to adjust your entitlement for any credits claimed or to apply for credits that you may not have been entitled to when you were married or living common-law.

 

Thank you for choosing TurboTax.

Level 1
Mar 14, 2022 10:51:30 AM

Thanks, but your response does not answer my question.  CRA says this:  If you file your return before your 90-day separation period is over and that period includes December 31, enter your marital status as married or living common-law, as applicable.

The 90 day period ended Feb 5, 2022.  I have updated my marital status on My Account and am now filing my tax return.  So my conclusion is I am considered separated for tax filing by CRA.  So I select separated on TT, correct?

 

I would note the conclusion on the TT Hub is different - it says the 90 day period must end by Dec 31st to be considered separated, which I think is incorrect.  CRA does not say that.

Please HELP!