CRA, court reject corporation's 'blame the accountant' excuse for late tax filing

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Business owner loses bid to overturn late penalties and interest

. Should the CRA refuse your request for relief, you can have the CRA’s decision reviewed by a Federal Court judge to determine whether it was “reasonable.” That’s ultimately what happened in a recent case that was heard in court last month, involving a late-filed corporate tax return.The corporate taxpayer was assessed $8,783.14 in penalties and interest due to the late-filing of its 2018 corporate tax return.

After getting hit with the late-filing penalty and interest, the corporation submitted an initial request for relief to the CRA to cancel or waive these penalties and interest. In that request, the corporation stated that its tax return was late because its president, the owner, had been occupied with his ailing parents and that his accountant had moved offices.

This second-level review also denied the corporation’s request for relief, stating that “under Canada’s self-assessment tax system, corporations are responsible for ensuring their tax returns are … filed on time.… Although you may use the services of a professional, the relationship between a taxpayer and a tax preparer is one of choice, and any negative consequences of that choice remains between those parties. Relying on a professional, does not absolve you from your responsibility.

 

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