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Level 2
April 19, 2022
Question

Spousal support

  • April 19, 2022
  • 1 reply
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Is retroactive spousal support claimed in the current year or must the prior year tax return be recalculated

    1 reply

    Level 15
    April 19, 2022

    Alimony is only tax deductible to the payer (and taxable income to the recipient) if the divorce was finalized before January 1, 2019.

     

    If your divorce was before 2019, then you deduct alimony when you actually pay it, not when it should have been paid.  And the recipient reports it as taxable income when it is actually paid, not when it should have been paid. 

    Bill7312Author
    Level 2
    April 20, 2022

    Thank you

    So your saying if the divorce was not finalized before January 1, 2019, then it is not deductible? 

    Bill7312Author
    Level 2
    April 20, 2022

    @Bill7312 wrote:

    Thank you

    Under the Canada Revenue Agency - Support payments it reads as follows

    "Spousal support payments" Generally ,support payments made under a court order or written agreement for maintenance of the recipient are taxable to the recipient and deductible by the payer?  


    This is the US Turbotax support web site.  If you are filing a Canadian tax return, their support site is here,

    https://turbotax.community.intuit.ca/community/forums/discussion/03/350

     

    However, I suspect the general principle still applies that a deduction is taken when it is actually paid, and income is taxed when it is actually received, rather than when it should have been paid or received. 


    Thank you for clarifying that it is a US site, this makes a big difference.

    Thanks again