# tax break for spousal support



## bairdlander (May 23, 2012)

I currently live in Canada,my wife is awaiting process to immigrate from Phillipines.She is currently unemployed and I support her and our children financially.Does anyone know if I can claim this money on my tax return?I called revenue Canada,but being tax time now,cant get an answer from them as the call centre always busy and the tax preparation outlets dont seem to know anything.


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## council (Sep 4, 2013)

I'd say you cant claim any amount as deductions unless it is ordered by the courts.

If you are a resident of Canada who makes support payments to a non-resident, you do not have to withhold tax on the payments. You can deduct the payments if these conditions are met:

there is a court order or written agreement for the maintenance of the recipient

the order or agreement clearly specifies the amount to be paid for the spouse or common-law partner
all payments for child support are fully paid for the current and previous years

Sent from my SM-G925I using Tapatalk


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## Asian Spirit (Mar 1, 2010)

In the US there is H&R Block that does US taxes. If they do taxes for Canadians also, 
they would be the ones to call for a definite answer.

Jet


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## bairdlander (May 23, 2012)

Jet Lag said:


> In the US there is H&R Block that does US taxes. If they do taxes for Canadians also,
> they would be the ones to call for a definite answer.
> 
> Jet


Thanks,but no thanks,H&R Block is for sucker's,they are pretty clueless at the location here,all they do is enter data from tax slips for $100,I can do that myself


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## M.C.A. (Feb 24, 2013)

*Wifes ID or Work number*



bairdlander said:


> I currently live in Canada,my wife is awaiting process to immigrate from Phillipines.She is currently unemployed and I support her and our children financially.Does anyone know if I can claim this money on my tax return?I called revenue Canada,but being tax time now,cant get an answer from them as the call centre always busy and the tax preparation outlets dont seem to know anything.


If your wife has an ID number, one that allows her to work, I think you could use that and just input all that data online with an online tax return company of your choice.

I agree with you I wouldn't' want to waste $100 to have some bozo do my tax returns when I can do that myself online, these online tax companies, unsure of how Canada works but they are step by step and all blocks are filled in, if there's a question they open up another screen of information, it can't be that hard you could start it now and if it goes smoothly submit your package if not don't pay for it and nothing will happen except you'll have to get more information.


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## jon1 (Mar 18, 2012)

For the US, if you have obtained an ITIN (Individual Taxpayer ID Number) for your spouse, you can claim her for your deductions (Married filing jointly). ITINs are for foreign nationals married to US citizens that have not immigrated to the US yet (no green card). You might want to research if Canada has a similar process.


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## Cebu Citizen (Dec 13, 2013)

I would be surprised if Canada does not allow some sort of a tax break if you are married with children...in the US if you are legally married and legally the father of the children or pay more than 50% of their annual upkeep, you can at least claim them as dependents and that is in part a tax break...(claiming additional dependents will reduce the amount of taxable income you have to pay taxes on).

So, I would be asking yourself this...

Are you and your spouse legally married and the marriage is recognized by the Canadian Government?

Are you the true father or the recognized legal guardian of the children and responsible for their support? Or do you pay at least 50% of their annual expenses?

If not...you may just be donating money to an unrecognized spouse and her children and you may not be eligible for any tax breaks.

JetLag had a great idea if H & R Block operates in Canada. They did my extremely complicated taxes in the US for more than 18 years and I never had any issues, including two business audits. No legal issues and always a nice tax return every year!

If H & R Block does not operate in Canada, perhaps there are other similar organizations or businesses who provide Expert Canadian Tax Assistance. Bottom line is to not trust any of us here as I do not believe we have any internationally licensed tax attorneys on board at this time...check the experts and be sure. Good Luck...


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## bairdlander (May 23, 2012)

*reply*

Thanks for the tips everyone,finally got ahold of revenue Canada,and yes,I do get a tax credit,just submit remittance proof and proof of marriage.


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## Phil_expat (Jan 3, 2011)

bairdlander said:


> Thanks,but no thanks,H&R Block is for sucker's,they are pretty clueless at the location here,all they do is enter data from tax slips for $100,I can do that myself


I would not agree that H&R block is only for sucker's. If one has income property, maybe sold or bought or have stock investment which complicate there return getting tax advice certainly do not make them a sucker's. using an online service could cost them.


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