You file your taxes, but cash is tight, so
you don’t remit payment. Time goes by
and you still don’t manage to pay. You may occasionally receive a statement of
account from the CRA, reminding you of your outstanding balance and indicating
the amount of interest that continues to increase your taxes owing. More time
passes – maybe as little as 90 days from the date your tax return was assessed,
or maybe several months or even years.
And then one day you open a letter from CRA
Collections, notifying you that you only have 14 days to pay your debt in full,
and to contact CRA Collections. The letter warns you that failure to do so will
result in legal action. Receiving this letter means that CRA is no longer
willing to wait for you to pay your taxes in your own timeframe, and has
assigned a collector to your account whose mandate is to get your account paid
NOW. So, what do you do?
If you choose not to respond to this
letter, you can expect increasingly unpleasant correspondence from the CRA to
follow in due course. You will likely receive a form which confirms that the
CRA has certified your tax debt in federal court, which is the official
pre-cursor to the CRA proceeding with formal legal action against you. Failure
to respond to the CRA at this point will most certainly result in legal action
being taken. CRA may issue a Requirement to Pay – to your employer (garnishment
of wages), to your bank (to freeze and drain your bank accounts), or even to
your customers (forcing your accounts receivable to be paid directly to the
CRA). The CRA may also register a lien on your home, or on other property you
own.
CRA’s authority to impose collection action
on taxpayers is vast. Add to this the fact that while some collectors will
treat a taxpayer fairly and respectfully, there are many collections agents who
will intimidate, threaten or pressure a taxpayer into a payment arrangement
which they actually cannot afford, leaving them in even worse circumstance than
before.
The CRA’s own
Taxpayer Bill of Rights (found at http://www.cra-arc.gc.ca/E/pub/tg/rc4417/rc4417-13e.html)
clearly spells out how taxpayers are entitled to be treated. However, collectors aren’t actually required
to inform you of those rights - it’s up to you or your authorized
representative to know the boundaries that CRA must respect, even while trying
to collect money from you. Being
uninformed puts you in an extremely vulnerable position when negotiating with
the CRA - know your rights!
Call Tax Solutions Canada before you call
CRA. We can help inform you about your rights as a taxpayer and protect you
through the negotiation process. 1-888-868-1400.
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