When you have exhausted all other channels of obtaining relief from a tax liability, remission orders may be able to help.
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Taxpayers who have exhausted all available avenues of relief from a tax liability potentially have one last remedy for hope: an application for a remission order.
What is a Remission Order?
Under subsection 23(2) of the Financial Administration Act, the federal government has the power to give taxpayers relief from tax, penalties, or interest. This remedy is typically available where the taxpayer has exhausted all other channels of obtaining relief from a tax liability. However, successfully obtaining a remission order is challenging.
To obtain a remission order, a taxpayer must be recommended to the Governor in Council by the Minister of National Revenue who heads the Canada Revenue Agency (CRA). Taxpayers can begin an application by asking for remission from the CRA’s Remissions and Delegations Section of the Legislative Policy and Regulatory Affairs Branch at the CRA. Thereafter, a CRA officer will review the case and inform the applicant of the outcome.
Applications must demonstrate that a remission order is necessary based on one or more of the following circumstances:
- unintended results of the legislation;
- financial setback coupled with extenuating factors;
- incorrect action or advice by CRA officials; or
- extreme hardship.
Applicants denied by the CRA may request a judicial review in the Federal Court. The Court analyzes the facts of the case and determines whether the CRA exercised its discretion properly. Should the court decide in the taxpayer’s favor, the matter is referred back to the CRA for reconsideration.
How We Can Help
Those seeking relief must provide extensive evidence to support their claim. Since the federal government adheres to strict guidelines and have high standards of proof, a dialogue is often required to persuade the government to act in favour of the taxpayer. As such, it can be difficult and time-consuming for taxpayers to navigate this complex process alone.
Our team of ex-CRA, tax lawyers, and accounting professionals have built a proven track-record that comes from our extensive knowledge of all aspects of the remission order process. Our services include investigating your circumstances and qualification, providing you with advice on strategy, drafting and submitting your application for relief, and submitting a remission order to the Government of Canada along with any and all additional work required to get the remission order successfully approved.
For more information on a comprehensive approach to resolving your tax problems, contact us to schedule a free consultation.
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, lawyers, and experienced accountants.
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