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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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Undergoing a Canada Tax Appeal With the Help of an Expert

Posted by support2 March 01 2014

Tagged Under : canada tax appeal, tax appeal, tax appeal Canada

We all know that CRA, the Canadian tax agency, are run by human and thus human can make mistakes. There is always the chance that there has been a mistake made and the figure you are required to pay is more than you think it should be. You will be able to make a Canada tax appeal if you feel you are not given the correct assessment figure, and then a process needs to be followed to challenge the authority that you believe is not correct in assessing your taxes.

In Canada, tax appeal will happen in one of two ways. It could be that once the objection has been received, the government will admit the error and issue a revision, or it could go to court. Once you put in a Notice of Objection, there is a 90 day wait and during this time there should be either a reassessment received or the original amount will be confirmed as correct. If the later happens it does not mean it is the end of it, but the following procedures could be worrying and hard to understand. If no response is received, you may still go to court. It is for this reason that there are companies set up who will be able to take the strain and make the appeal for you. They will do all the background work making sure that you do have a case, and then will go through the courts process.

If you feel you have been treated unfairly then it will be time to go to court. It is vital that there is someone with you who has a full understanding of the Canadian tax laws, and these can be very complex. In Canada tax appeal can be successful thanks to the knowledge of an expert, yet could fail if the process was carried out by a member of the public. It is not just the day in court that can be baffling, but also the pre hearing procedures.

You need to be aware that it can be a costly process and you have to be prepared to see the case through. It is here that your expert will be able to let you know that you have a good case, or whether you would be best to accept the previous decision. Their knowledge can save you a lot of wasted time and money. For the Canada tax appeal there will need to be detailed arguments made and it is by having such knowledge and experience required, the people you employ will put the best possible case together.

Your legal advisers will negotiate the best deal for you and will be in a position to know if you really are getting the best offer. It could be that the Department of Justice has to be involved and again it will be your advisers who carry out settlement negotiations. While the Canada tax appeal system may be fair, it will always be best to work with professionals and not go it alone.

Posted in Canada Tax Appeal, CRA Tax Appeal, 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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Ramifications of a CRA Tax Appeal

Posted by TaxSOS October 14 2013

Tagged Under : canada tax appeal, cra tax appeal, tax appeal

The process of a CRA tax appeal can be considered if taxpayers believe that the Notice of (re)assessments they receive ar not fair. The best way to go about it when you have to reduce the amount of tax owed by you to the government is by submitting a valid reason for your disagreement with the assessment.

The Notice of Objection is the first step in the process of a CRA tax appeal. A court of law will presume that the assessment sent out by CRA to the taxpayers is correct. In order to appeal, time is of the essence. Action has to be taken in time and through proper channels to ensure that your stand on the amount you have to pay is accepted.

To begin with, you can explain in the Notice of Objection everything that you consider as discrepancies in the Notice of Assessment. All facts have to be set in front of the CRA with full evidence to support your case. The Objection can be filed by means of a simple letter to your concerned tax centre jurisdiction with an indication of the reasons for disagreement with the assessment.

The drafting of the Notice of Objection before the CRA tax appeal is important as it sets up your case. The burden is on you to prove that there is an error on the part of the CRA. There should be sufficient documentary evidence to prove that and valid arguments in the Notice of Objection you draft. The assistance that you can get from seasoned tax consultants will be instrumental. The best kind of objection notices will be those which use a statement of the Income Tax Act of the CRA with evidence to show that the tax assessment has been done on a flawed basis. Once the notice of objection is strong, it may help convince the CRA agents to reverse their position.

Care has to be taken to file a CRA tax appeal within ninety days of the Notice of Assessment. Filing the CRA tax appeal within the deadline will save you from the dangers of the possibility of being forced to pay inaccurate amounts in taxes.

The common arguments that become a base for the CRA tax appeal are deductions or disallowed expenses. Many taxpayers confine themselves to the advice that is given to them by the agents within the CRA. It is wiser to be familiar with the time limits and procedures so that you can file all notices and the CRA tax appeal correctly and responsibly.

Finally, at the end of the appeal, the CRA tax appeal agents will issue letters concerning their decisions about audits as well as objections which have been submitted by the taxpayers. If taxpayers are happy with the results, two parties will settle. If taxpayers are still not not convinced of the result. Then tax court is the next level of appeal which most taxpayers will not proceed due to the time and financial limitation on their parts.

If you are overwhelmed by CRA’s unfair assessment and need to file tax appeal, working with experienced tax appeal specialists will increase your probability of winning. Contact Tax SOS at 1-877-982-9767 for free consultation.

 

 

Posted in Canada Tax Appeal, CRA Tax Appeal, Tax Appeal
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The Mechanism of CRA Tax Appeal

Posted by TaxSOS October 14 2013

Tagged Under : canada tax appeal, cra tax appeal, tax appeal

Paying taxes is the legal obligation for every individual, business or organizing that?s earning an income. The collection of taxes is undertaken by a particular organization that has been established by the government of a country. For Canada, the Canadian Revenue Agency or the CRA as its known is responsible for collecting taxes from the citizens of the country. Usually individuals and businesses calculate the taxes and file returns with the CRA. However, in some scenarios, the CRA will reassess the tax filed and re-calculates the tax owing. When this happens, sometimes the individuals or businesses might not agree on the tax assessment made by the CRA.

In such a situation, an tax appeals process has been instituted by the Canadian Revenue Agency that can be used if people do not agree with the tax liability that has been assessed. If the taxes of people have been adjusted or they are asked to pay more than they owe, they can opt for CRA tax appeal. People will not be charged unjustly if they have complete knowledge of their appeal rights. The CRA usually sends a letter to the party when it?s making adjustment to their tax liability.

 

Representation in CRA Tax Appeal

People have the option of appealing interest charge, levies, liens and even penalties that may be applied. People have the option to represent themselves in the appeals process. Other individuals that may assist in the CRA tax appeal process include those accountants and attorney that are certified in the tax practices of the CRA. The document related to the tax in question can usually be found on the website and people should refer to it for deciding if a mistake has been made by the CRA before they actually appeal.

Documentation has to be obtained if it is clear that the CRA has made a mistake in the tax assessment. Depending on the type of tax that has been improperly implemented, documents of taxes paid, proof of assets and wage slips may need to be provided in a CRA tax appeal procedure. Before the submission of tax appeal documentation, it is essential to have all these records in proper order. In case of an appeal, the tax collection is typically put on hold until the dispute is resolved and the process of appeal is complete. If the appeal is not successful, the taxpayer may have to deal with accumulated interests during the appeal period.?Thus, they should be prepared for it.

 

The application of?CRA tax appeal

CRA tax appeal can be made for wrongful assessment of income taxes, against tax audits or against penalties and interest as well. If the appeal is successful, penalties and interest are reduced usually, but it is very rare for an audit to be completely overturned. It is important to be prepared properly because it is the goal of the appeals office to keep cases outside the tax court. In order to win a CRA tax appeal, the taxpayer should have enough evidence to show that they can actually win if they go further to tax court.

CRA tax appeal can be a complex process that involves specialized knowledge of all the deadlines and all the needed forms and documentation. Call Tax SOS for a free consultation for your tax appeal case 1-877-982-9767.

 

 

Posted in Canada Tax Appeal, CRA Tax Appeal, Tax Appeal
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