CANADA SPOUSAL, DEPENDANT and CAREGIVER TAX CREDITS
What are these credits?
There are five related non-refundable tax credits, all calculated on Schedule 5. They apply when a taxpayer provides support to a low-income spouse or dependant. Importantly, the credit goes to the person providing support—not the person receiving it. These credits can be significant in value.
A longer description of these credits is below.
1. Line 30300: Spouse or Common-Law Partner amount:
This credit may be claimed where an individual provides financial support to a spouse or common-law partner.
Calculation of the credit:
Definition of “support”:
The Income Tax Act does not define “support.” The CRA accepts that support exists where the higher-income spouse contributes to the basic necessities of life, such as food, shelter, and clothing. The credit is based on financial support, not dependency.
Example:
For 2024, the basic personal amount is $15,705. If the supported spouse’s net income is $5,000, the credit is:
$15,705 – $5,000 = $10,705.
As is apparent from the calculation, no credit is possible if both spouses’ net incomes exceed the basic personal amount.
Special considerations:
Proof of support for a non-resident spouse:
CRA may require evidence of support, which could include:
In assessing eligibility, the CRA may also review:
2. Line 30400: Eligible Dependant amount (wholly dependent):
This credit may be claimed if, at any time during the year[1], an individual:
and instead supported another individual who:
Amount of the credit:
Basic personal amount – dependant’s net income
Who can be claimed as a dependant:
Key rules and conditions:
3. Line 30425: Caregiver Amount for spouse or common-law partner, or eligible dependant age 18 or older:
A supporting individual who qualifies for the spousal amount (Line 30300) or the eligible dependant amount (Line 30400) may also claim this caregiver credit if the supported person is dependent due to a mental or physical infirmity.
Calculation:
($28,041 – the supported person’s net income) or $8,375, whichever is less − the amount claimed on Line 30300 or 30400.
4. Line 30450: Caregiver Amount for infirm dependants age 18 or older (adult):
This credit applies only if no claim is made on Line 30300 or Line 30400 for the dependant.
The cared-for individual must be a spouse or qualifying relative who is dependent for support because of a mental or physical infirmity.[3] Unlike the eligible dependant amount (Line 30400), the individual does not have to be wholly dependent—only dependent.
Key points:
Amount calculation:
$28,041 – the dependant’s net income. (maximum $8,375)
5. Line 30500: Caregiver Amount for infirm children under 18 years of age (child)
A parent may claim $2,616 for each child under age 18 who:
A T2201 Disability Tax Credit Certificate is not required.
In addition, one of the following conditions must be met for each child:
Meaning of “mental or physical infirmity”:
This wording in quotation marks is used in the Income Tax Act and is the actual legal wording to consider. Nevertheless, the CRA often uses less formal wording which they consider equivalent: “impairment in physical or mental functions”, including in Schedule 5 and on web pages. A T2201 Disability Tax Credit Certificate is not necessary.
Mental or physical infirmity is not defined in the Income Tax Act. According to tax court cases, infirmity means physical weakness, debility, frailty or feebleness of body resulting from a defect in the whole of a person's health and vitality. The degree of the infirmity must be such that it requires the person to be dependent for a considerable period of time. Temporary illness or injury does not qualify.
There must be a degree of severity or persistence of health problems or deteriorated vitality that can readily be said to be abnormal. Further, there must be a causal connection between the abnormal state of health or vitality and the dependence so that a general malaise or simple frailty that does not convincingly result in dependence, will not meet the requirements. The question is whether there is actual dependence for economic support at any time in the year by reason of abnormally poor health or deteriorated vitality.
If no T2201 certificate is available, the CRA may require a signed statement from a medical practitioner confirming:
For children under 18, the statement should also confirm that:
This medical statement does not need to be obtained before filing a return. It can be prepared later, if and when requested by the CRA.
Meaning of “dependent for support”:
“Dependent for support” is a lower threshold than “wholly dependent”. Dependency has to do with levels of subsistence not levels of maintenance of lifestyle. An individual who cannot fully provide for their own subsistence but has some resources—and therefore is not wholly dependent—may still be considered dependent for support if assistance is required.
The CRA partially addresses the term “dependant for support” in the Folio for the dependant and caregiver credits.[4] However the CRA addresses the wording more fully in the Folio for the disability tax credit.[5] To claim a transfer of the disability tax credit, the person seeking the transfer must claim either the dependant tax credit, or else the adult caregiver credit (or could claim the dependent tax credit if the dependent did not have income). Therefore the dependant and caregiver credits are linked to the disability tax credit and addressed in that folio.
The DTC Folio includes the following explanation of dependant for support, which is largely derived from court decisions:
In each case, it is a question of fact, whether the actions or contributions of an individual are of such a nature and degree that they could be said to constitute support of another person. Although consideration should be given to the availability and quantum of support provided, a person is generally considered to be dependent on an individual if the latter has actually supplied necessary maintenance out of their own resources. In this regard, the individual must provide some or all of the basic necessities of life (such as food, shelter, and clothing) on a regular and consistent basis, and the person had to actually rely on such contributions from the individual.
For the purposes of determining dependency upon another individual, the facts should indicate that the support was not given solely in the form of a gift or gifts from that other individual. Rather, the eligible person with a disability must have been dependent upon that other individual for the support given. Consideration should be given to the relationship between the eligible person with a disability and the other individual throughout the particular period during which support was provided, to determine whether the relationship as a whole was one of dependency.
Where the eligible person with a disability was in receipt of social assistance or any other type of financial or non-financial support, the supporting individual must be able to show that the other assistance was insufficient to fully meet the basic needs of the eligible person with a disability and that the person had to rely on the additional support provided by the supporting individual.
Financial support involves providing money in order for the person to acquire basic necessities of life such as food, shelter, and clothing. Non-financial support refers to the direct provision of such necessities to that person.
Support that does not relate to providing the basic necessities of life, such as (but not limited to) visiting the eligible person with a disability each day or providing them moral support, does not qualify.
Making contributions toward the basic necessities of life such as (but not limited to) preparing or buying a meal for the eligible person with a disability or paying one of that person’s medical bills also does not qualify if the latter is not dependent or reliant on such contributions from that individual.
UFile steps:
UFile generally calculates Schedule 5 credits automatically when the requirements are met. However, the tax preparer should review the return before e-filing—particularly in complex situations—to ensure the correct credits appear on the appropriate lines.
Situations where extra UFile steps may be required:
Only basic information available for a spouse:
Client’s spouse is non-resident:
Infirm spouse:
Infirm dependant:
Infirm adult child over 18 not living with parent:
Illustrations:
a) A couple with two young children. Mother’s net income is $50,000 and father’s net income is $5,000. Father will claim the spouse amount on Line 30300.
b) A mother with two young children. Mother’s net income is $50,000. Mother will claim dependant amount for one child on Line 30400.
c) A mother with an infirm child. Mother’s net income is $50,000. Mother will claim the dependant amount on Line 30400, and a caregiver amount on Line 30500.
d) A couple with two young children, one of them infirm. Mother’s net income is $50,000 and father’s income is $5,000. Father will claim a spouse amount on Line 30300, and a caregiver amount on Line 30500.
e) A couple with no children. Spouse A’s net income is $50,000. Spouse B’s net income is $10,000 and they are infirm. Spouse A will claim an enhanced spouse amount on Line 30300, and a caregiver amount on Line 30425.
f) A daughter supports a partially dependant parent who is not infirm. The daughter cannot claim the dependant or caregiver amount.
g) A single daughter supports a wholly dependant parent who is not infirm. The caregiver amount can be claimed on Line 30400.
f) A couple supports a partially dependant infirm elderly parent of one of the spouses. Spouse A has $50,000 net income and Spouse B has $5,000 net income. The parent has OAS income of $10,000 and GIS income of $8,000 for a total net income of $18,000. Spouse A will claim a spouse amount on Line 30300 and a caregiver amount on Line 30450.
g) A son, who is single, supports her elderly partially dependent infirm parents who live in their own apartment rented by the son. The son has a net income of $50,000. The parents immigrated to Canada as seniors and have little income and neither claims the spousal amount. The caregiver amount can be claimed for both parents on Line 30450.
h) A son’s parent is living alone in a seniors residence. The parent has a low income and needs the son’s financial assistance to cover basic necessities. The parent is not infirm. The son cannot claim a dependant or caregiver amount.
References:
[1] From Issac v. R. (1994) Canada Tax Court: “I conclude from the case at law and from a reading of the paragraph that the phrase "at any time in the year" can be intermittent periods during the year, and that the phrase "wholly dependent" can relate to those intermittent periods. Thus in any period during the year where a person is wholly dependent on the taxpayer and the other paragraph 118(1)(b) elements and other requirements are present, the taxpayer is entitled to the "equivalent-to-married" credit.”
[2] If the child turned 18 sometime during the tax year, the credit is not prorated by the number of days the child was under 18 in the tax year. As long as the child was under 18 anytime in the tax year, this qualification is met.
[3] Income Tax Act, s.118(6) defines a dependant as an individual who “at any time in the year is dependent on the individual for support..”. The ITA does not go on to define what ‘dependent on support’ means. Nor does the ITA define what ‘mental or physical infirmity’ means.
[4] Folio S1-F4-C2, paragraphs 2.18 to 2.20.
[5] Folio S1-F1-C2, paragraphs 2.31 to 2.31.5