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Am I Common-Law for Tax Purposes in Canada?

Updated

Many Canadians do not realize they have become common-law for tax purposes until a benefit changes or the CRA asks questions. For example, the GST/HST credit is recalculated using combined family income once you qualify. The tax definition of common-law is not based on whether you call each other spouses. It depends on the CRA’s tests, which this page sets out along with how to report a change in status. For filing in general, see the Canadian tax filing guide.

The basic CRA test

You are usually common-law for tax purposes if either of these is true:

TestRule
12-month ruleYou have lived together in a conjugal relationship for 12 continuous months
Child ruleYou share a child by birth or adoption, or one partner has custody and the other supports the child

If you meet either test, CRA expects you to report common-law status.

What counts as living together?

Living together does not mean you are physically under the same roof every night without exception. Temporary absences usually do not break the count.

Examples that often do not reset the 12-month period:

  • work travel
  • short-term schooling elsewhere
  • visiting family
  • temporary medical or family-related absences

What is a conjugal relationship?

CRA looks at the relationship as a whole.

Common indicators include:

  • shared home or routine living arrangement
  • shared finances or household responsibilities
  • presenting yourselves socially as a couple
  • emotional and economic interdependence

Common situations people ask about

SituationLikely Tax Answer
Living together 8 months, no childUsually not common-law yet
Living together 12+ monthsUsually yes
Have a child together after 4 monthsOften yes sooner
Keep separate bank accountsCan still be common-law
One partner travels often for workStill may be common-law

Benefits and credits affected by common-law status

Once CRA recognizes you as common-law, income-tested benefits are recalculated using combined family net income instead of your individual income, and some credits become available to share between partners. That is why some people see benefits drop after becoming common-law.

ProgramWhat changes
GST/HST creditOne payment per couple (not two), based on combined income
Canada Child BenefitCalculated on combined family net income
Canada Workers BenefitSwitches to the family calculation
Child care expense deductionDepends on which partner has the lower income
Spousal amountMay become claimable; see the tax benefits of getting married
Medical and donation claimsCan be pooled on one partner’s return; see the medical expense tax credit
Spousal RRSPYou can contribute to one using your own contribution room
Ontario Trillium Benefit / provincial creditsMost provincial income-tested credits also use combined income

How each partner’s return then handles these credits is covered in should I file taxes as a couple or separately?

How to update your marital status with CRA

You are legally required to notify CRA when your marital status changes. Use one of these methods:

  1. Online: Log into CRA My Account → Profile → Update marital status
  2. Form RC65: Download and mail CRA Form RC65 (Marital Status Change)
  3. Tax return: Update the marital status field on your T1 return when you file
  4. My Account app: Status changes can be made through the CRA My Account mobile app

CRA asks to be told by the end of the month following the month the change occurred. For example, if you moved in together in June and completed 12 months the following June, the deadline to notify CRA is the end of July that year.

If you were already receiving benefits as a single person, CRA will recalculate from the date of the status change. In some cases, you may have received more benefit than you were entitled to, and CRA will recover this through future benefit reductions or by requesting repayment.

What if you do not update CRA?

That can cause problems.

You may face:

  • benefit overpayments
  • reassessments
  • repayment demands
  • possible interest charges

The issue is usually not that CRA is looking for a label. It is that the wrong marital status changes benefit calculations. A marital status left out of date is one of the common tax mistakes in Canada.

Separating after common-law: tax implications

If you separate after being recognized as common-law, you revert to single status for tax purposes once you have been separated for at least 90 days. During those 90 days, you are still considered common-law.

After separation:

  • Your marital status with CRA needs updating again
  • Benefits recalculate on individual income
  • Spousal RRSP contributions stop (no new contributions, but the account remains)
  • If you have children, which parent claims the CCB has to be settled (usually the primary caregiver)
  • Dividing significant property or registered accounts can have tax consequences; RRSPs on separation or divorce covers the registered-plan side, and a tax professional can review larger estates

Common-law for tax vs provincial family law

Tax treatment and family-law rights are not always the same.

TopicTax RulesFamily Property Rules
Common-law definitionFederal CRA rulesProvincial law varies
Property division on breakupNot a CRA issueDepends on province

If you want the broader legal and financial picture, see common-law relationships in Canada.

Bottom line

You are likely common-law for tax purposes if you have lived together in a conjugal relationship for 12 continuous months or you meet the child-related rule sooner. Once that happens, CRA expects your marital status to be updated, and your benefits and tax calculations may change.

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