# Relationship Status on Tax Forms



## curiousgal (Jan 22, 2016)

Hi everyone! 

I have a question regarding the SEPARATED status on the tax form. Would this only appear if you've been previously married? Or could it also say Separated because you were in a common law? 

Thanks for your help!


----------



## nortel'd (Mar 20, 2012)

You are considered common-law for tax purposes if you have lived together for 12 continuous months. If you have children together, you are considered common-law as soon as you begin living together. You are required to be separated for 90 days before you are considered officially apart.

If your marital status changes you must notify the CRA  



> by the end of the month following the month in which your status changed. For example, if your marital status changed in August 2012, you must notify the CRA by no later than September 30, 2012. However, if you have become separated, do not notify the CRA until you have been separated for more than 90 consecutive days.
> 
> If your marital status has changed, you must inform the CRA of your new status and the date of the change. You can do this by using “Change my marital status” on My Account or by calling 1-800-387-1193.
> 
> You may also complete and send form RC65, Marital Status Change or provide the information by sending a letter to the tax centre that serves your area. Be sure your letter includes the date (day, month and year) of the marital status change, your name and social insurance number, along with your spouse or common-law partner’s name and social insurance number (if applicable).


----------



## AltaRed (Jun 8, 2009)

The OP was asking what status to use. I would use Separated status on the tax form (assuming the 90 days have passed as of Dec 31, 2015). The rationale is tax law is the same for married or common law couples.


----------



## Karen (Jul 24, 2010)

We haven't been given enough information to answer this question. For instance, in British Columbia a couple has to live together for two years to be considered common-law but after that their rights and responsibilities are the same as if they were legally married. So I would think that, at least in BC, the OP would say "Separated"if she and her partner had lived together for at least two years. But a quick phone call to the CRA office would answer the question definitely.

http://www.cbc.ca/news/canada/briti...w-couples-as-good-as-married-in-b-c-1.1413551


----------



## AltaRed (Jun 8, 2009)

It does not work that way. The ITA and thus CRA has their own definition (one year) with respect to taxation. It is different than Family Law rights and responsiblities in the individual provinces.

Added: The same thing on Separation. The ITA and CRA have their own definition with respect to taxation.

Example for BC: Couple starts to co-habitate in July 2014. For the 2014 tax year, CRA still considers the people as Single because they had not been together for one fully year as of Dec 31, 2014. But CRA will consider them common law married for the tax year ending Dec 31, 2015. But from a Family Law perspective, they do not have Common Law responsibilities until July/August 2016.


----------



## Karen (Jul 24, 2010)

I did not know that, AltaRed. Thank you for enlightening me.


----------



## NorthKC (Apr 1, 2013)

I should add that you can never go back to single once you've been married or common-law. You must always show as "separated" (divorced if married or widowed if spouse passed away). 

Separated to be shown if at least 90 days consecutively, otherwise, whatever your status was at end of 2015.


----------

