Does common-law in Canada file taxes together?
Andrew Mclaughlin
Published Apr 10, 2026
According to the Canada Revenue Agency (CRA), both you and your spouse or common-law partner must file your own tax returns. You have the option, however, to prepare your returns separately (uncoupled) or together (as a coupled return).
What constitutes common-law in Canada?
To be considered common-law partners, they must have cohabited for at least one year. While cohabitation means living together continuously, from time to time, one or the other partner may have left the home for work or business travel, family obligations, and so on. The separation must be temporary and short.
What is the difference between common-law and civil law in Canada?
The common law tradition applies throughout Canada in all matters of public law (e.g. criminal law, administrative law) and in all of the provinces and territories except the province of Québec. The civil law applies in Québec in all matters of private law, including matters of family and child law.
What is the difference between common law and civil law in Canada?
Is it better to file taxes as common-law or single in Canada?
Being in a common-law partnership allows you to maximize certain tax credits and deductions. On the other hand, it also means you could lose some tax credits you would otherwise enjoy while you were single. This is because the CRA combines the family income, which will impact income-relation benefits.
What does the CRA consider common-law?
The CRA considers you to be in a common-law relationship if you have lived together with your partner for more than 12 consecutive months, or if you have a child together, either related to you by blood or through adoption, or if you have primary custody of a child under the age of 18.
Do common-law couples have to file taxes together?
Because filing your tax return as a common-law partner is the same as filing as a married spouse, the tax rules are the same.
Are there any tax credits for common law partners in Canada?
Prior to the 2016 taxation year, you may have been eligible for a non-refundable tax credit if you and your spouse or common-law partner had at least one child. It allowed you to transfer up to $50,000 of your income to your eligible spouse or common-law partner.
Do you have to file taxes as a common law partner?
How to File Taxes as a Common-Law Partner. If you meet the legal definition of a common-law partner, you need to indicate that fact on your tax return. Regardless of your relationship status, you both need to file your own annual income tax return. But you and your common-law partner need to include information about each other in your tax return.
Who is considered living common law for the purpose of filing Income Tax?
Who is considered living common-law for the purpose of filing income tax? Under the federal Income Tax Act, common-law couples are treated the same as married couples. The definition of common-law partner under the Act is: “A person with whom you live in a conjugal relationship who is not your spouse, and he or she:
Can a common law partner claim medical expenses?
You may claim medical expenses for your spouse or common-law partner when you file your tax return. You may get a bigger tax credit if the partner with the lower income claims all of the medical expenses for the couple.