Too much hassle, so I just wrote up a promissory note for a loan at 1% and did it that way. May as well be totally legit, and she pays me the interest by cheque each January. Just seems completely silly to me. Why can't we just file a single return as a couple and forget about all the nonsense?
With all due respect, that is just nuts man. Assuming you are declaring that 1% which simply shines the spot light on you.
"Whale with the biggest spout, gets the harpoon".
You can give ANYONE, any amount of money, tax free. It's the last true act of freedom we have left in this country. Obviously, we are not talking property and investment transfers subject to taxable gains. Just straight clean CASH, as in already taxed for whatever reason. (or not ).
Yes, you can give anyone any amount of money, tax free, but CRA has something to say about how any income earned from that money afterwards gets taxed. I may be crazy for actually writing up that promissory note (and, yes, declaring the interest on my return), but I'm pretty sure that's the only legit way to do it.
I could take my chances and probably never get caught, but I enjoy sleeping peacefully knowing I have nothing to hide if the audit guy comes knocking on my door.
I ask because I find all the income attribution rules ridiculous. I wanted to give my wife some money a few years ago so she could put it in her RRSP, but no, you're not allowed to do that. (Don't want a spousal RRSP. She earns plenty of money, just likes to spend it...)
I did not realize that was the case. I wonder what would happen when there is a joint account that both parties contribute to, and withdraw from?
I'm pretty sure it's the same thing. (Well, not if each person's contributions exactly match their claims.)
My wife and I have a joint bank account and a joint investment account. The investment account earns us a fair bit of income, so I had hoped we could split that income 50/50. It makes sense right? We're joint holders of the account, and since we're married everything in the account is basically owned 50/50 by each of us, but that makes no difference to the CRA.
The money in the account came 100% from me, so as far as the CRA is concerned, all the income is mine too. Even if I
gave all the investments in the account to my wife (put them in her account), CRA still taxes the income to me.
It's called income attribution and the CRA has lots of rules about it. But I'm no expert, so you can all go ahead and do as you please. Maybe Steve has it right with the lay-low-and-play-dumb-if-caught approach.