When you have been slapped with a tax debt that you
believe is unfair or that you believe is incorrect, the prospect of objecting
and heading to tax court to dispute the issue may seem daunting. Once CRA assesses
you and proceeds to hold that debt over your head, it might seem easiest to
just deal with the debt rather than attempting to fight for your rights. But
wait, although tax court may require a bit of leg work, this recent article
from The Toronto Star demonstrates
just how beneficial it can be to object!
In 2009, Thunder Bay resident Trudy Tallon claimed
medical expense tax credits after spending the winter in various warm climates
to help relieve her chronic pain. These locations included Thailand, Cambodia,
Costa Rica and Venezuela, among others. The CRA initially denied these claims,
but rather than accepting the refusal, Tallon took the matter to court and has
since received a favourable ruling. Talon was allowed to claim a medical
expense tax credit of over $17,000.
Check out the full article here: http://www.thestar.com/business/personal_finance/2014/07/29/woman_can_claim_17500_tax_deduction_for_winter_in_thailand_court_rules.bb.html
According to The
Toronto Star, "This decision shows that the courts are frequently more
sympathetic to taxpayers than the CRA and want to give them the benefit of the
doubt. Therefore if a claim for a tax credit or tax deduction is turned down,
it may be worth it to appeal the decision.”
If you feel as though you are being unfairly penalized and
CRA refuses to accept your objection to a reassessment, don’t just assume that
that is as far as you can go. As a taxpayer you have rights, and this generous
ruling shows that sometimes tax court is far more sympathetic than CRA. Just
keep in mind that the process is a formal one, and working with an experienced
firm is the best way to ensure positive results.
To find out about objecting to a CRA assessment, and for
help with this formal process, please contact Tax Solutions Canada today by
calling 1-888-868-1400.
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