No one likes taxes, but completing your annual tax return is an unavoidable part of life. Once you file your tax return with the Canada Revenue Agency (CRA), the process doesn’t stop there. The CRA will conduct an evaluation and then send you a Notice of Assessment or Reassessment.A Notice of Reassessment is a document that the CRA will send if they disagree with what you reported on your tax return. It will tell you how much tax you owe as a result of the reassessment. What happens if you disagree with the CRA’s assessment, and is there anything you can do?
Fortunately, the situation isn’t hopeless and you have options. The first thing to take note of is the date on the Notice of Reassessment. If you disagree with the CRA’s assessment, you have 90 days from the date on the Notice of Reassessment to file a Notice of Objection with the Chief of Appeals of the Canada Revenue Agency. A Notice of Objection allows you to outline your position by filling out Form T400a or by writing a letter to the Chief of Appeals. The CRA will then decide whether to confirm the assessment, reassess it, or vacate it.
It is important not to miss the 90 day deadline and that’s why hiring a tax lawyer, such as the team at Vellani Law, is so important. With many years of experience, they understand how to navigate tax laws and will assist you in the process and in drafting a compelling objection. If you have missed this 90 day deadline, the Vellani Law team can apply for an extension to file late. This can be applied up to one year after the normal deadline. The CRA will review this application, and depending on if it meets their rules, the extension will be granted.
If you disagree with the CRA’s response to your Notice of Objection, you can further appeal to the Tax Court of Canada within 90 days of the CRA’s decision. If you miss this deadline, you can apply for an extension of up to one year. This extension will be granted in some situations, but to better your odds, it is helpful to have a qualified tax lawyer to provide the right advice during this process.
Tax legislation and objection and appeal procedures can be complex, and there are limitations. You may want to use the services of an expert lawyer who can help you through the process and make sure you are receiving sound advice tailored to your situation.