CRA AUDITS
Expert Audit Representation
Whether it is a personal tax audit, corporate tax audit, payroll audit, GST/HST audit or WSIB audit, having someone besides you who uses a proactive approach and have hands on experience and knowledge is must. Otherwise a simple audit which should be a few pages representation and explaining the Auditor what the facts are could become cumbersome and may result in adverse tax assessment and huge balances owing to Canada Revenue Agency.
What we do here is the moment you contact us, we set up a meeting with you, review your case and advise you what steps are required and how we can help on your behalf to deal with the CRA Auditor. We take every audit seriously no matter how big or small and we represent you like we are representing ourselves to the Auditor.
Personal Tax Audit
Most basic audit where auditor is looking for actual donation receipts or child care receipts or employment expense receipts, etc. claimed on your personal taxes. It is very limited to few items on your tax return as these audits are random, but could become a full-blown audit if not responded within the time frame and with proper documentation. We make sure when we prepare your tax return to guide you completely upfront so when you get selected for a random audit, you are ready to provide documents to the auditor. We will always be ready to help you whatever the case may be.
Corporate Tax Audit
Corporate Audit is different from personal tax audit. Usually CRA gets information from GST/HST audit or payroll audit or from a related party audit or it could be random. This is serious audit as a senior officer is assigned to your file and he or she can ask anything being reported or claimed on your corporate tax return. For example, an auditor can ask for invoices and proof of payment for professional fees, purchases, automobile expenses, payroll expenses, insurance expense, meals and entertainment, etc. claimed on your corporate return to make sure only business expenses were claimed by your accountant and no personal expense ran through company account and not accounted for personally.
They can also ask for sales invoices, ledgers, third party statements, loan agreements, etc. to reconcile it with bank deposits and with GST/HST returns filed to make sure income is not understated or not reported in the proper period. We know what the Auditors are looking for and what information to provide them so they stop sneaking here and there unnecessary. We know your rights as a taxpayer and have the experience in dealing with the auditor and know what to say and what not to say during the Audit.
GST/HST Audit
This is where a GST/HST officer have doubts on GST/HST reported in comparison to sales figure reported on your GST/HST Returns. They are also verifying if the Input Tax Credit commonly referred to as ITC is actual or its just a made-up figure reported on your GST/HST return. For example, common mistakes many accountants make is not reconciling sales reported on corporate return to GST/HST return filed such as sales reported in corporate return is $1,000,000.00 and sales reported in GST/HST return is $870,000.00. It leads to a direct GST/HST audit.
Sometimes all CRA is asking for sales invoices and ITC ledgers and the audit can be resolved easily, but by not replying to them professionally and on time, it can lead to full audit. The problem comes when a taxpayer doesn't have proper books and records to support their claim on their GST/HST returns. CRA officer can then assess the returns to a very huge amount and will charge you interest and penalties if you do not explain your side and provide the documents in a proper format.
Payroll Audit
When a corporation or a sole proprietor who has an active payroll account (RP0001) and does not make monthly or quarterly (if eligible) payroll deductions (CPP, EI and Tax) for the employee's payroll as required per Income Tax Act, then CRA may audit the taxpayer and request to produce the bank statements to make sure proper withholding taxes are deducted and remitted to CRA for owner's withdrawals and payments to employees. The CRA has a strict policy and heavy penalties are assigned for non-remittance of payroll deductions before 15th day of following month for previous month's deductions. The penalty is:
- •3% if the amount is one to three days late;
- •5% if it is four or five days late;
- •7% if it is six or seven days late; and
- •10% if it is more than seven days late, or if no amount is remitted.
We will make sure the Auditor does not unnecessary treat various payments to shareholders for reimbursement of loans or expenses and treat them as salary payments to owners and explain each transaction to Auditor during the Audit for favourable outcome.
WSIB Audit
Most businesses are required by law to register for Workplace Safety Insurance Board(WSIB) unless you fall under one of the businesses who are exempt from WSIB registration. Normally a corporation must pay WSIB premium for every contractor or employee corporation hires unless a corporation request a WSIB clearance from the contractor hired to the job. If you do not make quarterly WSIB payments or understate the insurable earnings on your WSIB returns, then you may find a WSIB field Auditor knocking on your door. The penalties are huge. You may be exempt from WSIB premiums to certain payments to contractors, but may end up paying WSIB on their behalf because the WSIB Auditor says so. We have dealt with many WSIB audits and know what they look for during the Audit. We do not recommend taxpayers dealing with WSIB Auditor on their own as the incorrect assessments by WSIB Auditor far exceed our cost of dealing with them.
CRA ENFORCEMENT ACTIONS
What is CRA Enforcement
Facing CRA enforcement such as wage garnishment, bank account freeze or received a letter or a threatening call from CRA collection officer, contact us immediately. This is not the time to think about. Delaying your response will cause you stress personally and financially.
CRA enforcement are legal actions taken by Canada Revenue Agency to collect the taxes owed to them.
Before CRA starts wage garnishment, freeze your bank account or put a tax lien on your property, contact us. We will:
- •contact the collection officer immediately
- •Where required file any outstanding returns and
- •propose a payment arrangement
We will ensure CRA collections officer stops all the collection measures and come up to a payment arrangement as per your monthly income and expenditure.
Collection Actions
If you do not pay an amount voluntarily, CRA may take legal action to collect the amount by:
- •garnishing wages or other income sources by issuing a Requirement to Pay
- •seizing and selling your assets
- •using other means under any applicable statutes or laws
Garnishment action allows CRA to intercept and take funds otherwise payable to you by a third party, such as wages, other income sources or other amounts, including amounts you hold in bank accounts.
The Income Tax Act, Excise Tax Act, Excise Act, 2001, Softwood Lumber Products Export Charge Act, 2006, Greenhouse Gas Pollution Pricing Act and Air Travellers Security Charge Act allow us to register a certificate in the Federal Court of Canada for unpaid amounts. Once registered, a certificate has the same effect as a judgment obtained in the Court.
Set off of other amounts payable from the Crown
When you owe money to a federal agency or department and the same or another federal agency or department owes you money, these funds may be applied against your debt. This can include but is not limited to amounts such as income tax refunds and/or goods and services tax (GST) / harmonized sales tax (HST) credits, as well as benefit payments or other applicable credits you may be entitled to receive from the Crown. CRA can set these amounts off even if the amounts you owe are the subject of an objection or appeal.
Once CRA issue a Requirement to Pay, or start other legal proceedings, they will usually not stop or withdraw these actions until the account is paid in full, or when it can be shown that the action is causing financial hardship.
We can stop CRA Enforcement. Contact us today at 905-605-4775.