With the Canadian
income tax deadline behind us, those who, for whatever reason, chose not to
file this year (or any past year) may be thinking that it is too late and that
there is no real urgency to file now. Many people don’t file their annual tax
returns because they know that they will owe money that they do not have (so
why tell on yourself?) or because they made income that they don’t want to
report. Regardless of your situation, if you have failed to file your 2012
income tax return beware - Canada Revenue Agency (CRA) simply completes a
notional assessment (CRA tax assessment) on those individuals who have not
filed their returns.
What is a notional
assessment, commonly known as an involuntary CRA tax assessment? This is when
you have not filed your tax returns and CRA arbitrarily completes a tax
assessment on your behalf. This means that they will estimate (guess) your
income and file your tax return for you. The CRA does not prepare the return in
your best interests. If you are
notionally assessed as owing, your tax debt, along with interest and penalties,
will be applied retroactively, and CRA will attempt, through all their various
means, to collect the money from you.
If you are late filing
your tax returns, how does CRA conduct an arbitrary or notional tax assessment?
A prime example is your client being audited. Any payment to you will be found
during the audit, and CRA may assess you as a result. If you work as a
subcontractor, the contractor who pays you will file a tax slip indicating the
income they paid you for the year (if you are not being paid in the name of a
business). If a builder or homeowner pays you for a side job by cheque, and you
don’t report that payment, the homeowner may claim it on their tax return. If
CRA asks them for the receipt or invoice to support their expense the dots will
then connect back to you. CRA auditors
are experts at looking for and connecting these dots.
Tax slips may have
been filed by someone else or calls may have been made to the CRA Snitch Line,
meaning the government often becomes aware of your unreported income and that
leads to involuntary CRA tax assessments. It does not matter why you failed to
report all of your income, whether because you were unaware that you were
required to or because you were trying to buy time because you didn’t have the
money to pay. The CRA Snitch Line is often used as a revenge or spite site for
unreported income, a very common occurrence, especially with ex-spouses or
ex-business partners. In both of these scenarios a CRA tax assessment could
ensue, or worse, an audit or investigation could begin.
Once you have been
notionally assessed, you need to (re-)file your returns voluntarily and right
away. This may result in less debt owing. If you operate a business you may not
be eligible to claim input tax credits for HST on tax years older than 4 years,
so time is of the essence. It is also a good idea to retain professional
representation, especially if you feel that the CRA tax assessment is
incorrect. It is never a good idea to try to negotiate with CRA directly, as
they will attempt to obtain information from you which can be used against you
in the future.
If you have been sent
a notional assessment it is important to act quickly rather than ignoring the
involuntary CRA tax assessment. A tax professional that can negotiate on your
behalf and help you navigate the entire process is a great way to keep yourself
protected.
If you are dealing
with a notional assessment (involuntary CRA tax assessment) and need help,
please contact Tax Solutions Canada by calling 1-888-868-1400 or visit us
online at www.taxsolutionscanada.com.
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