At a time when investment returns are low and markets volatile, CRA has been busy handing out stiff penalties for late filing, and invoking other weapons for collection, albeit not always successfully. Tax and financial planners can help preserve well-laid plans for savings, by reminding procrastinators to file sooner rather than later, in order to preserve capital.
There can be seriousóand expensive--consequences for failing to file your taxes on time. Late filers can face not only fines, but must pay the full amount of taxes owing, interest, and any civil penalties that may be assessed by the CRA. A Mission, BC drywaller, for example, was recently fined $5,000 for not filing returns. He was given one year to pay the fine, which resulted from not filing returns on personal income tax and GST from 2006-2008.
But in another case, CRA lost, having used the GAAR (General Anti-Avoidance Rule) to deemed that a non-resident, Lehigh Cement Ltd., was wrongly withholding tax payable on interest income. Lehigh, however, won this round. While the company had used the rules in a novel way, the court concurred none-the-less they used them correctly, stating that by "the fact that an exemption may be claimed in an unforeseen or novel manner, as may have occurred in this case, does not necessarily mean that the claim is a misuse of the exemptionî.
Taxpayers feeling guilty for not filing returns or reporting all of their income, should also be encouraged to voluntarily correct their tax affairs. A valid disclosure must be made before any compliance action by CRA against you. While penalties can be avoided, be aware taxes owing, plus interest, must be paid. (However, interest may be waived in hardship cases (see KBR article 'Tap Into Fairness Relief to Cancel Penalities').Additional Educational Resources: Essential Tax Facts, Tax Planning for the Corporate Owner Manager