Ultimate Practical Tax Lawyer Secrets to Tax Audit Survival

CRA Income Tax Audit – Toronto Tax Lawyer Introduction

As Toronto tax lawyers we deal with CRA audits and auditors on a daily basis. So what is a tax audit? This article will explain what you can expect to happen if you are audited for taxes.

The Canadian income tax system is based on self assessment. In other words it is up to every Canadian taxpayer to fully and properly report their total income from all sources on their annual T1 or T2 income tax return. The Canada Revenue Agency performs tax audits and issues income tax assessments to ensure that the self-assessment income tax system continues to work properly. While most Canadians are truthful on their tax returns, there are some who are not. CRA is looking for errors or disputable positions or deliberate misstatements on tax returns that have been filed.

What is a Tax Audit?

An income tax audit is an examination of a taxpayer’s returns and supporting records to make sure that income and expenses have been properly reported and are supported by accounting records and receipts. The CRA tax auditor will ask to see the individual or corporate books and records and bank account and receipts for expenses. A corporation will normally have to provide its minute book to support any dividends or bonuses. There may be questionnaires to be filled out. Any information that is wrong, even if due to an error, will be used against the taxpayer.

Most audits are done to ensure compliance with the Income Tax Act for income or payroll deductions or under the Excise Tax Act for GST/HST.

Canadian Tax Audit Procedures

CRA auditors will often search for relevant information on the Internet, and a taxpayer’s web site or other sources located on Google might contradict information the taxpayer provides to the auditor. This information will then be used for further enquiries possibly including 3rd party requests for information. Furthermore open social media accounts are publicly accessible, and CRA auditors will gather this data from taxpayer social media accounts to build a case against a taxpayer. CRA officials have publicly discussed using taxpayer’s social media accounts in this way. If taxpayer lifestyle and reported income don’t match up the CRA tax auditor may decide to look into the taxpayer’s situation to see what’s actually going on.

CRA’s practice on income tax audits is to do a GST (and HST) compliance review; if problems are found, the matter is normally forwarded to a GST/HST auditor for a full GST/HST audit. Similarly, an income tax compliance review is often done during GST/HST audits. Combined income tax and GST/HST audits were discontinued in July 2010. These compliance reviews are not always carried out and sometimes income tax audits may miss large GST/HST problems and vice versa.

CRA Audit Statistics

CRA issues an annual report to Parliament. The latest one was released in January 2016. The audit statistics from CRA Annual Report 2014-2015 provide less detailed information than for the previous year.

For small & medium enterprises no statistics were given. CRA reports that they reviewed 12,981 international and large business files and 9,440 aggressive tax planning files that resulted in identifying $1.4 billion in fiscal impact. For international and large business files CRA audited 6,540 income tax and GST/HST underground economy files and identified over $448 million in fiscal impact. In all cases there were fewer audits in 2014/15 that the previous year. Presumably this reflects the results of budget changes.

Reasons for Tax Audit

CRA may choose to audit a taxpayer for several reasons. Amongst them are:

  • Industry audit projects
  • Random selection
  • Third party tips
  • Past history of non-compliance
  • Comparison of information on returns to information received from third-party sources – in other words are all T-slips reported

Since 2011 CRA has been auditing high net worth individuals and families, sending questionnaires asking for information about all companies, trusts, etc. that they control.

CRA has also been concentrating additional audit resources on the underground economy in an attempt to deter unreported cash sales.

What is the Tax Auditor Looking For?

The focus of the tax audit is to find errors in tax returns. Here are some examples of typical issues that may arise in a tax audit that would cause a taxpayer to receive a tax assessment at the end of the tax audit and that could result in penalties or a referral for a tax evasion investigation:

  • Overstated Expenses
  • Overstated Deductions
  • Over claimed Income Tax Credits
  • Under reported or unreported Earnings
  • Unreported cash sales
  • Unreported internet income
  • Unreported offshore income
  • Unreported offshore assets
  • Credits, such as for charitable donations, that are not supported by receipts
  • Personal expenses deducted for business
  • Shareholder loans not repaid within 2 corporate year ends

Right of CRA to Audit and CRA Audit Policies

Section 231.1 of the Income Tax Act gives CRA the statutory ability to carry out audits. In particular it entitles auditors to request and examine documents including computer records. Section 231.2 is a more formal provision whereby a “demand” or “requirement” is issued, but it need not be used by a tax auditor in the normal course where s.231.1 suffices.

The CRA can choose to audit anyone, but case law has held that such discretion does not permit a vexatious audit made for capricious reasons.

The Canada Revenue Agency has an internal policy in CRA Audit Manual §9.12.3 that audits should normally be limited to “one plus one” years that is to say the most recent year for which a return has been filed and assessed, plus one year back, with limited exceptions. This policy can be pointed out to a tax auditor to try to limit the scope of audit requests, but it has no legal effect and cannot be used in court to challenge a tax assessment that has been issued. Of course this rule of one plus one years does not apply in the case where CRA suspects unreported income. They will typically look at three years, and in some cases even more than 3 years.

In theory, the CRA has no discretion in applying the Act and must “follow it absolutely” by issuing a tax assessment for all otaxes wing. The reality is that in practice tax auditors have wide discretion not to assess an amount, however once it is correctly assessed; a Tax Appeals Officer or Tax Court judge will have no power to cancel it on grounds of equity, fairness or compassion.

Tax Audit Assistance from Toronto Tax Lawyer

Our top Toronto tax lawyers fight CRA tax auditors every day. A taxpayer has the right to professional representation at all times. This is specifically provided for in right 15 of the Taxpayer Bill of Rights which says “You can choose a person to represent you and to get advice about your tax and benefit affairs. Once you authorize us to deal with this person, we can discuss your situation with your representative.” A taxpayer should never meet with a CRA auditor without a professional Canadian tax lawyer present. Any information that is wrong, even if due to an error, will be used against the taxpayer. The auditor will also take notes and may misunderstand what the taxpayer has said or may wrongly record responses. An Ontario tax lawyer will have his or her own notes to contradict any auditor errors. Contact our Toronto tax law firm for tax help as soon as a CRA tax auditor contacts you.

Identity Theft and Your Tax ID Number

Truth to be told, a business even has its own particular Social Security number that can be stolen by an identity theft criminal, and make things hopeless for an entrepreneur.

Corporate identity fraud (or business data fraud) can close your business’ entryways and even returned if your business isn’t organized to shield you from that danger.

The Tempting Target

There are numerous reasons an identity theft criminal may focus on a business. A bigger organization may have a few Visas on a solitary record, and not try looking over the separated rundown of charges before they pay the bill. Indeed, even little organizations have a tendency to have liberal credit terms and not checked clearly by the bank.

A personality cheat additionally knows that it is so natural to get data about your business. For instance, most organizations show their business permit in the anteroom, now and again on the grounds that they are required by law to do as such.

Obviously, different organizations are avid to expand your organization credit since it implies more business for them. Actually, the procedure to get a credit extension with another organization might be excessively straightforward; at times all it takes is a solicitation on your organization’s letterhead (likewise simple to get,) that incorporates the business permit number and expense ID. To keep your information and other data in a safe hand, you can check LifeLock reviews.

No One’s Talking

Looking on the Internet (i.e. doing a Google hunt) will raise a few hits about business fraud, yet when you look through the connections that surface a large portion of them manage expressly securing yourself, the incidental state law, the Fair Credit Reporting Act (FCRA), FACTA and such. The examinations about how an organization can be straightforwardly influenced by corporate data fraud are not too many. Most organizations are not in any case mindful these sorts of things can happen… until it happens.

That is the point at which they discover that their protection, holding, permitting powers and other expert associations are of little assistance. Like Valley View, they can undoubtedly wind up attempting to stay above water.

The reason no one is talking is straightforward: no one can make sense of how to stop it. A decent arrangement of business fraud is conferred by people or associations that are outside of the United States’ purview. The issue moves from a budgetary field to the business world, and traverses to wind up a legitimate issue. In any case, once it goes global, legislative issues become possibly the most important factor too.

Business Tax Return – All You Need to Know

Any running organization in a country needs to pay some amount to the government. The amount is a fixed figure and is decided by the respective government of any country. However, in many countries there is no tax on business. But still majority of countries charged a fixed amount from any business or organization.

The amount of income one earns is taxed. There is a prescribed percentage that is levied upon every profit or business. If you are a fresh start up or is a known business owner, you must be familiar with the basics concept of business tax return. There are many of the assumptions that help in solving the puzzle of tax and help you to find precise way to get relieved from these business taxes.

The business tax return term is coined in connection with the relieving of a specific amount from your tax deduction, on the basis of various extra spending you made. To make it more clear, we can say that it is the return of your taxed money in case you have spend it on a specific place or way.

If you are a start up, it is advisable to spend a little time in getting in depth knowledge of the same. If you are smart enough to break the codes, you can easily get a benefit of tax saving through your investments. In case of small businesses, you can file Schedule C which allows you to reflect your calculation of Costs of Goods. It helps in reporting and documenting the amount of your business profit and the cost kept behind making the purchase of the goods. The whole review of the difference between the two costs of purchase as well as of selling will reflect the actual amount of tax, you have to pay for.

Another important section is including the Schedule SE in your income tax return for various businesses. It is defined as self employment tax and it includes the calculation of total amount of money you have earned.

With the help of inclusion of these two sections, you can easily go ahead and can save a lot of your money.

To summarize, we can state that detailed information about Business tax return that can help you to take a wise decision. Every single penny you saved is equal to the amount you earned.

Hence, before going ahead with the process of Business tax return, you can get the expert advice from the professionals.

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