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Canadian Taxpayers Reminded Of Their Rights,
by Mike Godfrey, Tax-News.com, Washington
Tuesday, June 23, 2009
Jean-Pierre Blackburn, Canadian Minister of National Revenue, has reminded taxpayers that recourse options are available to those who do not agree with the assessment that they have received from the Canada Revenue Agency (CRA).
"The government of Canada is committed to administering the tax system
fairly and consistently. When taxpayers disagree with an assessment, they have
access to a fair and timely dispute resolution process. This is a vital aspect
of safeguarding the trust and confidence of Canadians," stated Blackburn.
Taxpayers can object to most assessments and reassessments by filing an objection.
Such cases are handled by appeals officers, who were not involved in the original
decision. If taxpayers are not satisfied with the results of the review process,
they can then appeal to the courts.
If taxpayers disagree with the CRA’s decision resulting from an objection
relating to income tax, the assessment or determination can be appealed to the
Tax Court of Canada, either under the Informal Procedure or the General Procedure.
If taxpayers are not satisfied with the judgment of the Tax Court, an appeal
can be made to the Federal Court of Appeal, and then to the Supreme Court of
Canada, with that court's permission. However, the Federal Courts Act limits
the grounds for an appeal from a judgment of the Tax Court on a matter heard
under the Informal Procedure.
In most cases, taxpayers do not have to pay income tax amounts that are in
dispute until the formal review is complete or, if an appeal is filed, until
a court decision is rendered. However, interest charges apply during any period
that an amount in dispute is not paid.
"Unfortunately, many misunderstandings arise from miscommunication or
lack of information," said Minister Blackburn. "If a taxpayer disagrees
with his or her assessment, I suggest that he or she contact the CRA to discuss
the matter, starting with the tax centre that processed the return."
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