Toronto lawyer and Canadian tax law expert Charles Haworth of Radnoff Law Offices explains what the objection process to a CRA audit looks like.
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What is the objection process to a CRA audit? So after you've been audited, what normally happens is a notice of reassessment is issued by the auditor. And once you receive that reassessment with the changes to the taxable income and ultimately the tax that you have to pay, you have 90 days to file an objection to that reassessment from the date of the reassessment. Now, that process in itself can be quite cumbersome and take a while. For exam ple, it takes almost six months for the appeals offices to be even assigned to the file.
Now, the objection process gives you another chance to dispute what the auditor has done. It allows you to put further documents in, make further representations of why the auditors made a mistake or why the fact that he's relied upon are incorrect. For example, I've dealt with cases where CRA auditors have used the bank accounts of family members and put it all together and then said one person owes the income found based upon bank deposits. So they are incredibly unfair.
And this appeals process is an independent review of what the auditor did and is supposed to provide taxpayers with a final opportunity to deal with this matter themselves or the CPA to deal with this matter for their clients before the last step, which is Tax Court of Canada.
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