CRA Notice of Appeal: How To Be Successful
A CRA Appeal is your opportunity to appeal a Notice of Assessment or Reassessment but the CRA Appeals process can be a lengthy one. Here is what you need to know at every step of the way, from filing your Notice of Appeal to resolution.
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The Notice of Appeal Process
If you wish to object to a Notice of Assessment or Reassessment, you can file a Notice of Objection. This objection will be reviewed by a CRA Appeals Officer. If you disagree with the CRA response to your Notice of Objection, you are able to appeal to the Tax Court of Canada. Your tax appeal will then be heard by this independent court.
To start the CRA appeals process, you will need to file a Notice of Appeal within 90 days of receiving the agency’s response to your Notice of Objection – normally, a reassessment, a confirmation or a redetermination. It is possible to apply for an extension to this deadline, but when you do, you will need to explain why you require an extension. This means you will need to show why you could not file your tax appeal within the 90-day period (and why you could not have someone else file for you). You will also need to show that you filed as soon as you could and that you have reasonable grounds for appealing.
You may also file a Notice of Appeal if it has been more than 90 days since you filed your income tax objection or 180 days since you filed a GST/HST objection.
A Notice of Appeal must include your name, account or permit number (if applicable), the taxation act under which the tax appeal is filed, the Notice of Objection file number, the date of the Minister of National Revenue’s decision, the date and number of the assessment, reassessment or disallowance, the period in dispute, the amount of tax dispute, and the reasons for dispute.
How Professionals Help with CRA Appeals
If you disagree with the CRA and wish to start the tax appeal process, it is a very good idea to have a professional on your side. Not only are CRA processes and tax law confusing and difficult to understand, but it is critical that you present your situation clearly and accurately when you complete a Notice of Appeal. If you are not able to properly explain your case and back up your claims with detailed evidence, you will likely lose the tax appeal. Working with a professional gives you the benefit of having an experienced team on your side.
At Farber Tax Solutions, we have years of experience in CRA appeals. We not only know CRA processes and tax law inside out, but we also know how to effectively communicate with the CRA.
When your appeal is heard by the Tax Court, you will definitely want to have legal representation on your side. In addition to being made up of accounting and ex-CRA professionals, our team includes legal experts and tax lawyers that can represent you in court. We ensure that your case is presented fairly and accurately and give you the best chance of success.
If you disagree with the judgment of the Tax Court of Canada, you can continue your tax appeal process. Your case will then be heard by the Federal Court of Appeal. If you wish to appeal this decision, you must request permission with the Supreme Court of Canada by filing an application to appeal.
In these situations, it becomes even more critical to work with a professional. Trust the team at Farber Tax Solutions to be there every step of the way. The CRA appeals process is often a complex and lengthy one. We assist you at all stages of your tax appeal and work with you to provide a strong case while ensuring that your rights are respected and protected. Contact us today for more information.
Farber Tax Solutions can help you successfully deal with CRA problems. We utilize the experience of our tax experts to:
- 1| Offer a comprehensive solution that is focused on achieving the most favourable possible outcome for your tax issue;
- 2| Communicate with the CRA on your behalf and navigate the entire CRA dispute process; and
- 3| Offer a complete solution to your tax problems, including ex-CRA professionals and tax lawyers from Farber Tax Law.
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