Resolving disputes with the CRA

by in Canadian Government News and Updates

Yes, you can absolutely disagree with your income tax assessment and reassessments! It is your right to object!

 

If you think that the CRA has somehow misinterpreted the facts or applied the law incorrectly, you have the right to object to your assessment or reassessment and/or determinations and re-determinations such as goods and services tax or harmonized sales tax credit, the Canada child tax benefit and the disability tax credit.

 

There are a few simple steps on how to go about this objection.

1.     You have to file an objection. You can opt to submit online, write to the Chief of Appeals or use the Form T400A.   In this objection, you have to write down why you disagree and include all the relevant facts and documents. It is important to know that you have 90 days from the date on the notice.

2.     If you cannot make the 90-day deadline, you have to apply for an extension by writing to the Chief of Appeals. You have to explain why you cannot file on time. This application must be made within one year after the expiration of the time limit to file an objection.

3.     Once you receive the results of your objection, if you still disagree with the CRA’s decision, you can appeal your assessment or determination to the Tax Court of Canada, either under the Informal Procedure or the General Procedure. The time limit for filing an appeal is 90 days from the date on the notice. You can click on this link to know more about the Tax Court procedures: P148, Resolving Your Dispute: Objections and Appeal Rights under the Income Tax Act.

 

Please note that in most cases, you do not have to pay income tax amounts that are in dispute until the CRA has completed its formal review, or if you have file an appeal, until the Tax Court issues its decision or you withdraw your appeal.

 

Source: CRA website, www.cra.gc.ca

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