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The Proper Way to File an Objection for CRA Tax Appeal

Posted by support2 March 03 2014

Tagged Under : canada tax appeal, cra tax appeal, notice of objection, tax appeal

For any individual who  thinks that his tax owing is more than he owes, the best way to reduce it to find legal reasons and evidence that the CRA (Canada Revenue Agency) has made a mistake in assessing you. Also in some cases CRA may take a decision that an individual does not agree with and in such a case a notice of objection can be filed after which the CRA Tax Appeal process starts.

A notice of objection simply explains in detail why you disagree with CRA on any given point. In order for your objection to be valid and your appeal process to act in your favor, it is essential that you present with your objection all facts, figures and evidence that support your claim or case. Simply filing an objection notice or CRA tax appeal is not a complex task and can easily be done however the real job to be done is the drafting of the objection or appeal notice in a way that it wins you the reassessment case.

The main thing to realize in a CRA tax appeal or objection is to know that the entire burden of the case is on the filer. It is the filer who is required to prove that CRA has been wrong in as simply saying that they are wrong will not win you the case. Proper documentary evidence and arguments should be made available to prove that CRA has been wrong in the case.

The common CRA tax appeal includes cases such as disallowed deductions and expenses, director?s liability, arbitrary assessments, denied benefits and credits, unreported income findings calculated through inaccurate analysis of bank deposits or net worth assessments and determination of personal service business. The best way to handle all these tax appeals are to hire professionals to do the best possible jobs for you as taking any action without having full knowledge of the area can ultimately cost you more than helping you out of a situation.

Also there are specific and rather strict time limits associated with filing of objection or CRA tax appeal, that is 90 day time period for individuals and so acting instantly and accordingly is very necessary. There are exceptional cases though where the CRA allows a person the right to objection even after 90 days; however this depends only on the decision of the CRA. It is recommended though that in order to avoid payment of inaccurate owing, early objection filing is a must. Many taxpayers heavily rely on any opinion that CRA agents give them regarding CRA tax appeal, however it should be noted that CRA is not in any way bound to perform as told by the agents to you. You will alone be held responsible to meet deadlines and file returns appropriately. Again hiring professional help from a reputed tax expert company will help in avoiding all such mistakes that can cost you dearly.

Also in some cases waivers are received from CRA tax appeal agents with decisions stated relating to objections and audits filed by taxpayers. Such a document should never be signed without proper consultation as often it removes the right to appeal to tax court thus having severe repercussions.

 

Summary

The winning or losing of a Canada tax appeal depends solely on how you present your objection case in front of the CRA. It is always best to hire professional help to ensure handling of your CRA tax appeal in the right manner and avoiding silly mistakes that can cost you seriously.

Posted in Canada Tax Appeal, CRA Tax Appeal, Notice of Objection, Tax Appeal, Tax Objection
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CRA TAX APPEAL MECHANISM

Posted by support2 March 01 2014

Tagged Under : canada tax appeal, CRA Notice of Objection, cra tax appeal, notice of objection

The CRA or the Canadian Revenue Agency collects taxes from the citizens of Canada. Usually, individual, organizations or any businesses pay the amount of taxes calculated by the CRA. In case, the Canada Revenue Agency (CRA) sends a Notice of Assessment, and if you do not agree with CRA assessment or financial interpretation, then you can make CRA tax appeal expressing objection to the estimation or appeal for reassessment.

Filing CRA Tax Appeal needs some knowledge

Many tax payers do not know some of the relevant information about the appeal, such as:

How to make an objection to the decision of CRA.

When to file the CRA tax appeal

What should be put forward to increase the possibility of winning?

What is the procedure of filing a tax appeal?

Most of the taxpayers just accept the decision of the CRA only because of the ignorance of the above facts. Consequently, they pay the demanded tax with the Agency. ?With the objective of winning a CRA tax appeal, the taxpayer must present evidence as much as necessary to prove their possibilities of going further to the tax court.

How to Handle a CRA Tax Appeal

Canadian taxpayers have several options of tax appeal, such as charges of interest, liens, levies, and even the penalties. Accordingly, people may represent the cases optionally through different processes of appeal.

Other people that may help you out in the processing of CRA tax appeal are the tax attorney and tax accountants who are the certified tax professionals to deal with CRA tax appeal.

Obtaining the necessary document supporting your objection of tax assessment is obligatory if you want to make CRA tax appeal. This suggests that, you are to point out the mistake of the CRA in the assessment of tax through right documentation.

In case of improper assessment of taxes, you have to submit the document?depending on the payment of taxes such as?Papers of all the paid taxes,?Proof of assets, Income?slips, etc.

Before you submit the documents, you must be well convinced that all the records are arranged in the right order. ?In case of CRA tax appeal, the collection of tax is typically put on hold until the dispute is resolved and the process of appeal is complete. If the tax appeal becomes unsuccessful, the taxpayer might have to enter for dealing with the mounted up interests throughout the period of appeal.?Therefore, every person of CRA tax appeal should always be prepared for the worst.

How to draft notice of objection for the CRA tax appeal

The drafting of objection notice is very important for submitting a tax appeal with Canada Revenue Agency. ?As it sets your case in motion, it is your responsibility to establish the errors of the Agency. You must submit enough documentary evidence to prove that CRA?tax appeal has been made on the ground of flawed assessment of tax under CRA Income Tax Act. In support of your strong objection, it would be quicker and easier for you to convince the CRA agents to reconsider their assessment.

Never delay to file ?CRA?tax appeal. Do it within 90 days of the Notice. Filing the tax appeal?in time will definitely prevent you from facing the further risk of paying erroneous tax amount.

 

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Posted in Canada Tax Appeal, CRA Tax Appeal, CRA Tax Dispute, Notice of Objection, Tax Appeal
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When do you file a CRA Notice of Objection?

Posted by Support1 February 03 2014

Tagged Under : canada tax appeal, CRA Notice of Objection, cra tax appeal

What are you going to do when the CRA issues an income tax or General Sales Tax Notice of Assessment or Reassessment and you feel that the Agency is in error concerning the amount of taxes you have to pay? You will have to respond by filing the CRA Notice of Objection.

Your initial step will be to ensure that you comprehend the rules about the Income Tax Act and how they apply specifically to your tax issues. Even though the rules may seem tough, they have to be applied in the correct perspective. If the rules are clear and they have been established, you may have no other option but to adhere to the amount you have to pay despite your dislike of paying those extra taxes.

On no account, you should hesitate about getting professional guidance in a situation like this. The time spent with an specialized tax expert will be worth your while in preparing yourself for the CRA Notice of Objection. You will also be in a better position to understand whether the Notice of Assessment is clear under application of the rules or if you stand a realistic chance when you object or appeal against that notice from the CRA.

The next step that you can take in collaboration with your tax counselor is to contact the CRA and request an adjustment. This could be done by filing a CRA Notice of Objection through CRA Form T400A. This form is for income tax objections. The form has to be filed before the deadline expires. The deadline provided is ninety days from the time you receive the Notice of Assessment from the CRA.

The Personal Income Tax Act has made a provision for a formal process of objection for people who are not in agreement with the Notice of Assessment sent by the CRA. The process of formal CRA Notice of Objection starts with the filing of that objection. There is an impartial review by the Appeals Office of the CRA. Matters can sometimes lead to the Federal Court or the Supreme Court of Canada.

The CRA Notice of Objection has to contain a set of reasons for the objection and must provide all relevant facts in detail to the CRA to back up the disagreement with the Notice of Assessment. All documents like invoices or stubs or letters have to support the objection and should be submitted to the CRA. A copy of the disputed Notice of Assessment has to accompany the CRA Notice of Objection.

If you want to object to more than a single assessment or determination, a separate CRA Notice of Objection has to be filed for each of the disputed assessments. If the facts or supportive documents are similar for more than one assessment, it could be indicated on each CRA Notice of Objection and one common statement of supporting facts has to be submitted.

Posted in Canada Tax Appeal, CRA Tax Appeal, CRA Tax Dispute, Notice of Objection, Tax Appeal
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Process of Canadian Tax Appeal

Posted by Support1 January 05 2014

Tagged Under : canada tax appeal, Canadian tax appeal, cra tax appeal, income tax appeal, Tax Appeal Toronto, tax objection cra

Handling a CRA tax dispute and appeal process can be a stressful task for many small business owners and individuals in Canada. Understanding the Canadian?tax appeal ?process can help you with your rights in your disputes with the CRA. The tax system in Canada is a self reporting one. The objective of the annual tax return is to report the amount of tax you owe to the CRA accurately every year. CRA will agree or dispute after processing your tax returns. All disputes will be notified to the taxpayer through a Notice of Assessment which is sent few weeks after the filing of the tax returns.

CRA may ask for more information and audit the taxpayer concerning the tax obligations. Post audit, the CRA may agree or disagree with your justifications. In the case of disagreement, the CRA auditor will issue a Proposal Letter outlining the position of the CRA. If the taxpayer disputes the amount in the Notice of Reassessment, then he or she can `object? through a Canadian?tax appeal?to the Agency Appeals division of the CRA.

An Appeals Officer from the CRA Appeals Division will be assigned to your case. The Appeals Officer could vacate or cancel the reassessment after hearing you out or may confirm by keeping it intact or varying it. You may wish to go through with a Canadian?tax appeal ?after the decision of the Appeals Officer by approaching the Tax Court of Canada.

The Canadian?tax appeal?program is responsible for offering a consistent and timely process of review. It has been set up to offer taxpayers with an impartial review process of their tax situation. However, a considerable increase in tax planning on an aggressive basis has had an impact on the ability of the CRA to resolve the tax disputes in a timely fashion.

The Canadian?tax appeal?process involves decisions from the CRA which may be categorized into thirteen different types by the Appeals Branch. The delays in the Canadian?tax appeal?process may be attributed to an increase in the contested decisions and their volume since the past six years.

If the taxpayer feels that the Tax Court of Canada has still made an error in the judgment, he or she has a limited right in the Canadian?tax appeal process to approach the Federal Court of Appeals within a month of the decision pronounced by the Tax Court judge. Dissatisfied taxpayers can even apply ?to the Supreme Court of Canada for further appeal. It may be rather expensive and more complex than what a taxpayer thinks.

It is always safer to seek professional help when planning a Canadian?tax appeal in Toronto to make matters simpler for yourself. The Canadian?tax appeal?system has been devised to offer an elementary framework of the entire process but it also involves stringent deadlines and has few pitfalls. It is wiser on the part of a taxpayer to consult a tax accountant or a tax representative at their earliest convenience when facing a tax dispute with the CRA.

Posted in Canada Tax Appeal, CRA Tax Appeal, CRA Tax Dispute, Notice of Objection, Tax Appeal, Tax Objection
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Tax Disputes and CRA Tax Appeal Process in Canada

Posted by Support1 December 10 2013

Tagged Under : cra tax appeal, cra tax dispute, cra tax objection, tax objection

For individuals and business owners in Canada, handling a tax dispute could become a stressful process. Every individual should be aware of the basics of tax disputes and CRA tax appeal process.

The tax system in Canada is mostly a self reporting one. A taxpayer has the obligation to report the tax amount with transparency and with accuracy. It is expected out of each taxpaying individual at the time of filing the annual tax returns. The CRA processes these tax returns and takes a decision on the accuracy of the information that has been reported. CRA then provides the taxpayer with a tax assessment. This is the Notice of Assessment and is sent as a routine to each taxpayer some weeks after he or she files the tax returns.

The CRA has a right to request more information concerning the tax obligations. After an audit, the CRA may not agree with what has been reported on the tax returns and the auditor will have a proposal letter issued outlining the position of CRA and how the taxpayer can be reassessed. Individuals can take the help of professional tax lawyers who can give them advice about the audit process of CRA and represent them throughout this process.

The date featured on the Reassessment Notice is the beginning of the ninety day CRA tax appeal period. The proposal letter contains the information required if you want to dispute the tax amount, the interest calculated or the inclusion of penalties on account of the reassessment.

The objection in the form of a CRA tax appeal has to be sent to the Appeals Division of the Agency. The taxpayers get ninety days from the date of the Reassessment Notice to file the Objection Notice with the Chief of Appeals. This deadline is an important one and it cannot be missed. Tax lawyers assist the individuals in sending these objection notices.

In rare cases when the deadline of ninety days is missed, an extension to file late could be applied for. Time is allowed up to one year after the normal deadline. After receiving the Notice of Objection, the CRA reviews the application and decides whether the reasons supplied are in accordance with the CRA tax appeal rules.

An officer from the CRA Appeals Division is assigned to an individual?s file case. This officer could be from any CRA unit in Canada. The officer is assigned depending on the workload and may not be from the same city where you are residing. After receiving the CRA tax appeal, the officer handling that appeal has to either cancel the reassessment by vacating it or he or she may vary the reassessment. The reassessment can also be left alone by confirming it.

Specialized Tax Professionals would be able to guide the individuals on the streams that can be followed when filing a CRA tax appeal. There is a general procedure and an informal procedure. The procedure you would adopt will be based on the federal tax amount that is in dispute. Fees have to be paid for filing the Appeal Notice if it falls under the General Procedure rules. Informal Procedure is for small disputes and there is no fee required for filing.

Posted in Canada Tax Appeal, CRA Tax Appeal, CRA Tax Dispute, Notice of Objection, Tax Objection
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Filing a Tax Objection

Posted by TaxSOS October 14 2013

Tagged Under : canada tax appeal, cra tax dispute, notice of objection, tax objection

When people receive a notice of tax assessment, they are advised to scrutinize the amount of income that is assessed along with deductions and allowances. They could either do it themselves or have these figures checked by?tax accountants.?The basis of the assessment on the Assessor?s Note has to be understood. There are cases when the allowances and the deductions are disallowed and the reasons for such dis-allowance have to be thoroughly understood. If there are disagreements with the assessment, a?tax objection?may be lodged and a?CRA tax appeal?may be filed if you are not happy with the response to your application.

 

How to start a tax objection

The initial step that has to be taken when resolving a dispute with CRA (Canada Revenue Agency) is to file a Notice of Objection. A?tax accountant?will apprise you of the procedure and give general information concerning the process of filing a?tax objection. There are different guidelines for individuals, corporations and certain provincial regions.

If action is not taken to challenge the notice of assessment, then the entire tax amount has to be paid to the CRA. In order to make up for the burden of proof which is laid on the shoulders of taxpayers, CRA has provided a division for internal appeals that allows the taxpayers an opportunity to go through a fair review without the hassles of getting involved in a court of law.

 

The deadlines of tax objection

Filing a?tax objection?does not cost anything. The procedure of filing may vary based on the type of assessment the objection is being made on. There are stringent deadlines that have to be met in terms of filing. If these deadlines are not met, then the taxes have to be paid in full unless taxpayers have solid ground to request for extension.

When there is a disagreement with the tax assessment, the first thing that has to be done is to approach the CRA to ascertain the discrepancies. There is a possibility of informally explaining the reasons for the?tax objection?on account of errors in the assessment and they can be resolved. If the CRA fails to make the necessary corrections before the deadline for filing an objection, a basic Notice of Objection can be filed to get the dispute noted on the file, explaining the whole chronology of events.

When you gather the information and have the documents that you need to back up your?tax objection, you can go ahead and file a complete Objection and add further information to the elementary notice you had filed earlier. All evidence and reasons have to be furnished to support your case.

 

The outcome of tax objections

The CRA response may be expected any time within a year from the date of filing your?tax objection. It is wiser to decide to pay your taxes in full in such a case so that there are no further debits of interest charges on your tax account while the?tax objection?is under process. When you get a response to your objection application and you are still in disagreement with their response, you have the right to file a?CRA tax appeal to tax court.

If you have unfair assessment and need to consider tax objection, contact Tax SOS, the tax objection veteran in the tax industry, for help at 1-877-982-9767 and get your free complementary consultation.

 

Posted in Canada Tax Appeal, CRA Tax Dispute, Notice of Objection, Tax Objection
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