Disability for separated spoutse

T1
1

how should we handle… my clients legally separated in 2017… but one is still entitled to claim the DTC for the other… when I enter the disabled spouse as a dependent on the now separated returns, the drop down list only has options has child, parent, grandparent etc… therefore getting review messages and the DTC does not want to populate… Is there a better way to handle this ? or should I just override federal and provincial schedules to allow disability transfer for her former spouse… as this situation probably doesn’t occur very often.

yes, agreement among both to still use this year and former spouse has under $500 of income for the year.
Thanks,

2

Regardless of any side agreement they may have, if they were separated on December 31st there are no Schedule 2 transfers of unused credits (age amount, pension credit, disability etc) permitted. This is likely why the software is giving you a hard time.

3

I wasn’t thinking is schedule 2. I was thinking another type of dependent schedule 5

Rachel Thibodeau Parlee
(506) 874-3093

4

Any transfer of Disability from a spouse or common law spouse is handled through the Schedule 2.

5

Note
Your spouse or common-law partner cannot transfer to you any tuition, education or textbook amounts carried forward from a previous year.

If you were separated because of a breakdown in your relationship for a period of 90 days or more including December 31, 2017, your spouse or common-law partner cannot transfer any unused amounts to you.
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-326-amounts-transferred-your-spouse-common-law-partner/you-claim-transfer-certain-amounts-your-spouse-common-law-partner.html

1 Like
6

Thanks for this… but they were not separated for more than 90 days… date of separation is mid November… Thank you for all the help… much appreciated

Rachel Thibodeau-Parlee

Accountant

5575 Route 895

Colpitts Settlement, NB E4J 3A2

Cell (506)874-3093

Fax (506) 386-6022

Home (506) 372-8060

7

The 90 days does not have to end in the tax year. Separated at year end, no transfer of the credit is possible.

8

If they reconciled in 2018 and the period of separation was less than 90 sequential days, they would still be considered married as of Dec 31, 2017 and Schedule 2 applies.:grinning:

If the separation was for 90 sequential days or more including Dec 31, 2017, then they are considered retroactively separated as of the first day of their separation.and NO benefits are transferable.:frowning_face: