# Sposal RSP deregistration and DIVORce, not marriage breakdown



## bean438 (Jul 18, 2009)

So I made the contributions up until 2008. Divorced in 2009 (May).
She deregistered in October 2009, moved to the US and remarried.

She got a t4rsp slip in her name, but my SIN is also on there as is a checkbox under yes for spousal contributer.

Who declares the income? Who can claim the tax witheld?

My dad's "tax guy", a CIM, and CFP said I have to claim it regardless of marital status. 3 year deal too bad so sad. When pressed he said he could look into the tax act, and could include whatever slips I wanted or didnt want. He didnt care because CRA comes after me not him. ???????????????
I suggested to my dad to get a new "Tax guy".

H&R Block said same thing, i declare the income. WHen I pointed to the CRA web site and "due to marriage break down", etc, she said she would "look into it"

Not sure if I should use H&R block.

The funny thing is that CRA says attribution does NOT apply if you were living seperate and apart due to marriage break down, but it does not say anything about actual divorce. I would say that if you went through the divorce you are well past the living seperate becasue of breakdown.

ANy way I called CRA and was told that divorced or not is not the real issue. Living seperate and apart is of more importance than marital status.

She said if we were divorced and continued to live together, and I received benefit of the spousal money than attribution applies. 
She further stated that when parliament drafted the tax laws, the spirit and intent was to prevent the higher tax bracket making a contribution , and the lower bracket spouse immediately taking it out, effectively cheating the tax man.

In my case, we were divorced, she will claim the income, and when CRA matched up the t4rsp slips, they will see she has a US address, new name, and our divorce certificate is on file.
She also said CRA might want a letter from each of us stating we were not living together when the withdrawl was made, and that a letter from my employer stating she was taken off my benifits as of such and such a date would help.

All in all, the response from CRA seemed most positive to me, and I have more faith in CRA than I do "tax guy", and H&R block. 
Usually it is the other way round with CRA not having a clue, and the "pro's" knowing they way things really work.

SO, any tax experts out there? Any divorced peopl who went through the same situation?


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## OptsyEagle (Nov 29, 2009)

I would imagine that by now, someone would have figured out that if you wanted to really annoy your unfaithful, skirt chasing, slime ball ex-husband, you just withdraw the spousal RRSP the day after you throw his cloths and belongings out the second floor bedroom window.

Since this is more of a personal issue then a tax issue, I would think that CRA would have closed the "get back at the bast*rd spousal withdrawal strategy".


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