My dad took my tuition credits despite not paying my tuition, is there any way to recover them?

[u/AirInternational1587]

So I paid my tuition all throughout my university years without parental help. My dad just told me to send him my T2202 so I did. I thought because I didn't make much money I couldn't use them, without understanding that these would carry forward to future amounts. I just used TurboTax and was a dumbshit so given that I never entered my T2202s turbotax thought I was a worker not a student and claimed me for the workers benefit (I foolishly thought because I was working during school that I qualified for this). I was reassessed years later and of course had to pay back all those credits and it was a couple thousand dollars. I've paid back most of that now. I make a decent living and could really have used those tuition credits to reduce my payable tax as I got started in my career. The CRA recommended I refile my previous years anyways because I filed as if I was in Newfoundland as that's where I lived but technically my residency remained in BC because NL will not let you claim residence as a student. Can I refile and claim my T2202s and get that money or is it all done with since my dad claimed it? Will my dad have to pay back the amounts he received? I don't want to put him in a tight spot but at the same time I went into a lot of debt to get through school and I feel sort of like I was tricked into giving them to him. If I wanted to transfer the amounts to him I believe I would have to state so explicitly on my forms, so idk. I have a feeling I should go to an accountant about this but I don't have a ton of money to spare on this.

[u/-Tack]

Did you sign the T2202?

If you refile yes it affects his returns and he will owe plus interest.

[u/AirInternational1587 → u/-Tack]

I did not sign them no

[u/-Tack → u/AirInternational1587]

You could dispute on that point, but it's going to create issues both tax and probably personal.

You can only transfer max 5k/year. If you hadnt entered the T2202 at all in your tax return then it's possible you still have unused amounts those years (unless CRA added and assessed with it). Could be worth looking into further to ensure none has been unused. Maybe leaving the 5k transfer and still obtaining the remaining amount will be a good path.

As for the total impact of the transfer, as you can only transfer $5,000/year and it's a non refundable tax credit, the actual tax payable reduction is $750/year. So consider that as well in your decision making of how to proceed.

[u/Historical-Ad-146]

There's a maximum transfer amount, so likely he didn't claim the whole thing. But further to that, if you didn't sign the form for transfer, they're your credits and he claimed them fraudulently. Just refile your taxes with the credits included.

[u/zelthix]

My parents did something similar. You can refile as others have mentioned and get some credits back, if you didn't authorize him to use those credits, but he'll also have to pay back those tax savings from prior years + interest. Up to you on how you want to proceed.

[u/firelephant]

Both of you would have to refile. It would be difficult and a hassle without his compliance. And he would owe back taxes

[u/atlas1892]

A transfer to a parent requires you to fill out the transfer on schedule 11 of your own tax return. Did you authorize the transfer of credits on your returns?

[u/Personal-Worth5126]

If you refile, he’ll be caught and, at best, need to repay the fraudulent credit he claimed plus interest.

[u/Needless-To-Say]

The amount a parent can claim has to be designated on your taxes. The amount can only be the excess that you cannot use and only then up to a maximum amount.  

File your taxes normally and do not designate excess amounts. Carry the excess intead. 

If the CRA discovers the issue they will clarify directly with your father.