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Understand how bankruptcy or a consumer proposal in Canada can help if you have outstanding tax debts.
Citation preview
Dealing With Tax DebtsA Guide to Debt
Settlement with Canada Revenue Agency
www.hoyes.com
Table of Contents
Common Reasons For Tax Debts
CRA Collection Powers
Verify What You Owe
Review Your Options
Next Steps
3
5
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4
• Unpaid taxes on self-employment earnings.• RRSP withdrawals without adequate
withholdings.
3
Common Reasons for Tax Debts
• Working two or more jobs without increased source deductions for higher income.
• Pension income higher than source deductions.
• Directors obligations for unpaid corporate source deductions or HST,
CRA Collection Powers
4
• Wage garnishment• Seize bank accounts and
investments• Register lien on home or
other property• Withhold child tax credits,
HST credits, income tax refunds
Canada Revenue Agency has strong powers to ensure payment of back taxes including:
Verify what you owe
5
The first step is to file all outstanding tax returns so you know how much you owe.
Canada Revenue Agency will not work with you until all your tax returns are filed.
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Review Your Options
CRA will not generally accept less than full payment except through a proposal or
bankruptcy.
1. Work Out a Repayment Plan
2. Apply for CRA Fairness3. File a Consumer Proposal4. File Personal Bankruptcy
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Your Options
Contact your nearest CRA office to negotiate terms to repay your debt over a period of time however you will:
Work Out A Repayment Plan
• Be required to pay 100% of your debts• Be charged penalties & interest until your
tax debts are paid• Generally be asked to repay your back
taxes within one year
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Your Options
Request For Fairness Relief form
CRA Fairness Program
• Extraordinary circumstances such as illness, accident, disasters
• Inability to pay due to financial hardship• Errors and processing delays on the part of
CRA
Canada Revenue may grant relief from penalties and interest for the following:
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Your OptionsConsumer Proposal
• Repay less than the full amount owing• A proposal freezes interest and penalties• CRA actions including garnishments stop
A Consumer Proposal is the only debt settlement option CRA will accept.
File a Consumer Proposal with a bankruptcy trustee
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Your OptionsConsumer Proposal
• All tax returns must be filed first• All returns due during the proposal must
be filed when due• Taxes owing during the proposal must be
kept current• Refunds for periods prior to filing will be
applied to your tax debt
What else you need to know:
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Your OptionsBankruptcy
• Wage garnishments and bank account seizures will stop;
• Income tax, HST/GST, penalties & interest are all discharged by filing bankruptcy
Tax liabilities are debts included in a bankruptcy
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Your OptionsBankruptcy
• Liens against your home or other property registered before you filed bankruptcy may not be removed
• Personal income tax debts over $200,000, where they are 75% or more of your debts, will result in additional duties and you will not be eligible for an automatic discharge
What else you need to know:
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Your Next Steps
• File outstanding returns• Total how much you owe• Determine if you can afford
to repay• If not, contact a federally
licensed bankruptcy trustee
There is hope. You can be debt
free. View our Guide to
Dealing With Tax Debt
Or give us a call at 310-PLAN