Disability Tax Credit - eligible over 20 year ago?


#1

I was recently looking at my CRA account for another purpose but I noticed the category that says “Disability Tax Credit”. I’m on disability for muscular dystrophy and a few other things and I’ve thought about applying for DTC but have been wary since I’ve heard it’s very hard to get approved. Even though I had MD I can still walk and work part time but it seems like they expect you to be completely useless. I may have some luck with the combination of my other disorders but I guess it all depends.

Anyway it says “You are eligible to claim the disability tax credit for yourself” from 1985-1997, which I believe predates any back pay I would receive if I applied and was accepted now. I was born in 85 so i obviously couldn’t have claimed this for myself. My parents never claimed it. Why it doesn’t say I’m eligable beyond those dates is odd since my medical conditions are life long.

Based on the fact that it says I qualified for those years and I have multiple life long conditions (one of which is progressive) wouldn’t this mean I was currently eligible? How much does this increase my likelihood of approval?


#2

Ya, you would be eligible now.
My guess is you would have had a 100% chance in 1997.
Now they might question why you never reapplied BUT if you say you never checked until now, I don’t see why you wouldn’t get it.
The can reprocess your tax returns from 1998 until now (make sure you say you’re renewing it and you need your taxes from 1998 reassessed).
I don’t know if they can do that but I think they can.


#3

I was 13 in 1998 so I don’t think there will be any taxes to be assessed?

If they ask why I never reapplied it’s very simple. I didn’t even know what DTC was until recently.


#4

I think the DTC has only existed since 2008 anyways.


#5

Hey, no it is the RDSP that has existed since late 2008. The DTC was created way back, I am not sure what year, but if you remember Prime Minister Brian Mulroney you can thank him for changing it from a refundable credit that would benefit everyone who qualified, regardless of taxable income, to the non-refundable credit it has been since 1986.

Not a change for the better, for sure. Disability activists pushed very hard against it at the time. But the idea that we all have someone “taking care of us” is strong in policy makers! :stuck_out_tongue_closed_eyes:


#6

I certainly don’t remember Brian Mulroney lol.

Yes my dad’s accountant said he could claim DTC for the years I lived with him as an adult even though he was never my caretaker (I’ve never needed one). All he did was provide a room. And I could have easily lived with my mom instead if I wanted to.


#7

Hopefully said accountant calculated the value of the credit and your dad shared it with you in that case! :grin:


#8

I haven’t applied yet and I’m doubtful that I’d even qualify. My dad wanted to take everything. I told him I was fine with him reducing his taxes but not taking the refund. He said “It would be my refund not yours. It’s my refund for letting you stay here”. I thought it was to relieve some of the financial strain for people with a severe disability or for their caretakers? I told him I wouldn’t apply if he was going to take everything.


#9

If you apply for the DTC and are accepted/approved you don’t even need to advise your father. Advise CRA that you did not start filing income tax until XXXX year which would be the first year you earned your own income. The DTC credit is for a credit on YOUR taxes. Should your father want to apply for the DTC during the time he cared for you until you moved out/started working then he has to complete his own form for a credit on his OWN taxes during said time period.


#10

Thank you. Though he never cared for me. I don’t require a caretaker. All I did was live with him and I took care of myself. Including buying everything for myself. He doesn’t have the right to claim DTC unless he was actually caring for me. Providing a room and nothing else doesn’t count. I think if he tried to claim it and they discovered I’m not disabled enough to require a caretaker then he could get into trouble. From my understanding what is considered provincially and federally disabled varies quite a lot.


#11

Then i would continue to apply for the DTC for yourself. These are your financial affairs that your fsther has no right to even be privy to (know about). You are an adult and have your right to privacy. There’s nothing he can do about nor does he need to be told about it.


#12

He’ll make me fill out the application form with him so he can put me down as a dependant. If I don’t and just apply by myself he’ll keep asking.


#13

Section 2 – Information about the person claiming the disability amount
(if different from above)
First name and initial
Last name
Social insurance number
The person with the disability is:
my spouse/common-law partner
my dependant (specify):
Answer the following questions for
all of the years that you are claiming the disability amount for the person with the disability.

  1. Does the person with the disability live with you?
    Yes
    No
    If yes, for which year(s)?
  2. If you answered no to Question 1, does the person with the disability regularly and consistently depend on you for one or more of the basic necessities of life such as food, shelter, or clothing?
    Yes
    No
    If yes, for which year(s)?
    Give details about the
    regular and consistent support you provide for food, shelter or clothing to the person with the disability (if you need more space, attach a separate sheet of paper). We may ask you to provide receipts or other documents to support your request.

Just keep saying no.
That’s all you can do.


#14

I’ve tried… I’ve realised my dad is full blown narcissist. I’ve argued with him. Tried to reason with him. Tried to appeal to any sliver of empathy he might have. Told him it could help me. He doesn’t care. He sees this as easy cash for him.


#15

Maybe you can fill out the form and then rescind it. :slight_smile:
Phone CRA and say he insists on you applying as his dependant but you’re not his dependent. :slight_smile:
He may get audited. :slight_smile:
See what CRA says.


#16

He wants me to ask for backpay for the years I did live with him.


#17

It is a non refundable credit to reduce taxes owed.
It is up to him to adjust his taxes and claim the credit.
I think he can do the changes online but if he has an accountant do his taxes, they can do the changes.


#18

If I apply for it myself and am approved but I’ve never had a balance owing on my income tax returns (I’ve gotten the WITB for a while now) would I receive a refund?


#19

It depends on what your exact numbers were on your tax return.


#20

If you can, use studiotax.com to do “what if” taxes.