# Non-resident spouse, and out of country tuition..



## angryrectangle (Jul 5, 2013)

Hello there!

I am filing my 2012 tax return, and I'll be filing for the first time as married.

My husband and I were married last year, outside of Canada. He is not a resident, nor has he ever been to Canada. What proof is required to show we are legally married? I assume a translated marriage certificate? Is there a form I need to fill out and attach? 

My second question is; am I able to get a tax credit for my husband's out-of-country tuition payments? I'm aware I can put my spouse's tuition fees on my taxes usually, but I don't know if the same applies for out-of-country tuition.

Thanks so much!


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## stardancer (Apr 26, 2009)

Keep a copy of the marriage certificate and the translation in case CRA requests this. On your tax return, page 1, you put your married status and the date of marriage; you have to put his name and net world income. This is so that the system doesn't give you the spousal exemption and incorrectly pay credits (GST, provincial). CRA will probably question the lack of his SIN, in which case you would write a letter and send or fax this plus the marriage copies to them.

You certainly cannot claim his tuition payments as yours; they are not yours. Since he will not be completing a Canadian tax return, there is no way to transfer his tuition credits from his country to your Canadian return.

Good luck


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## angryrectangle (Jul 5, 2013)

Ah ha!

My sister is the one who suggested I might be able to get a tax credit for his tuition payments. Her husband isn't a Canadian citizen, but he is a resident and attended school in Canada. I guess that's why she might have been able to use his tuition tax credit.

I was trying to make sense of this:
http://www.cra-arc.gc.ca/tx/tchncl/ncmtx/fls/s1/f2/s1-f2-c2-eng.html

I guess, if my husband IS a resident (or he has to file a tax return) and his amount owing is already down to $0, then he's allowed to transfer his tax credit to me. Is that correct? So long as he's not eligible to file taxes in Canada, no tax credit for me? Even if his income is 0 and I paid his tuition? Boo!


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## amitdi (May 31, 2012)

angryrectangle said:


> Ah ha!
> 
> My sister is the one who suggested I might be able to get a tax credit for his tuition payments. Her husband isn't a Canadian citizen, but he is a resident and attended school in Canada. I guess that's why she might have been able to use his tuition tax credit.
> 
> ...



If your husband IS a resident and has a SIN, I am pretty sure you can claim the credit. However, in case there is an audit - you might need to show that you supported his tuition through your money.

The idea is that if your income goes towards education in Canada (and ultimately welfare), then you are given a credit.


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