Your spouse did not file and your return is stuck. What actually happens?

You can file your own return. Your spouse’s missing return does not make yours illegal. What it does is stall the parts of your file that depend on their net income: the spousal amount, the GST/HST credit calculation, the Canada Child Benefit, and sometimes the release of your refund while CRA waits to see the household. If you claimed a credit that needs their income and they never file, CRA will reassess you without that credit.

Married and common-law are the same idea here. Common-law for tax purposes is a factual test, generally after 12 continuous months together, or sooner if you share a child. Separating in real life and staying “single” on the return is how these files get reassessed.

What you can do without their permission, and what you cannot

You cannot file someone else’s return without their authorization. You can file yours with your best information about their net income, and you should expect CRA to match it.

• If they will file: do both years together. The household benefits move once both assessments exist.
• If they will not: file yours. Do not invent their income. Use slips you actually have.
• If you are separated: use the date of separation. That date changes credits and benefits.
• A refund of yours that does not depend on them should still be filed before the three-year window closes.
• Their debt can affect a credit you transferred. It does not become your tax bill just because you share an address.

Bring both names even if only one of you is ready

Tell Tax Everyday which spouse has not filed and for which years. We will file the person who is ready and tell you, in writing, which credits are waiting on the other return. A straightforward year is $90 plus HST per person. Two straightforward spouses are two of those.

If the holdup is a fight about records, drop the slips you have for your own year today. Your three-year refund window does not wait for the argument to end.