Canada Revenue Agency falling behind as uncollected taxes owed rise to $44 billion

Copyright CBC

https://www.cbc.ca/news/politics/tax-debt-liberal-budget-collections-1.4715967

The amount of tax that Canadians admit to owing Ottawa but haven’t paid rose to a record $43.8 billion this year, despite a Liberal government promise to “stabilize” that sum.

And an internal Canada Revenue Agency (CRA) projection obtained by CBC News says the amount of unpaid tax owed is set to hit more than $47 billion by 2020.

The steady increase in the tax debt — up by about $2 billion annually since the Liberals came to power — comes despite a major investment in the 2016 federal budget to wrestle down fast-rising levels of uncollected tax debt.

A $351 million tax-collection program started in 2016 under National Revenue Minister Diane Lebouthillier has not stopped increases in the amount of uncollected taxes.

The rise in the tax debt level over the last decade or so appears to be linked to major staff reductions at CRA under the former Conservative government’s deficit-cutting program.

The 2016 Liberal budget gave the CRA $351.6 million over five years “to improve its ability to collect outstanding tax debts.”

And the agency says it’s on track to meet its target of collecting $7.4 billion in additional tax debt over those five years.

But that effort hasn’t stopped the total from growing — by 5.6 per cent in 2017-2018 alone, far faster than inflation or the economy itself.

Undisputed amounts

The agency currently does not collect about $8.40 for every $100 in taxes that are due.

‘Tax debt’ refers to undisputed amounts of income tax, GST and other taxes owed by Canadians – as well as penalties and interest – but does not include taxes due that Canadians have challenged and not paid.

Unlike the fast-rising tax debt, that ‘disputed’ tax sum has stabilized at about $14 billion over the last three years.

Tax debt is also distinct from undeclared taxes owed in the underground economy, which Statistics Canada says hid some $45.6 billion in economic activity in 2013. It is also separate from the unknown amount of tax evaded through the use of offshore tax havens and other tax dodges — something which other CRA programs are pursuing.

“Intake has been higher than our capacity to assign accounts to officers.”

– October 2017 internal CRA document indicating a lack of staff to collect tax debts

Indeed, the agency says its success in rooting out some underground activity and tax-avoidance has contributed in part to the growth in the tax debt.

But an internal document suggests the CRA still lacks the staff to keep up with the growth in the uncollected tax amount.

“During the first four months of the 2017/18 [fiscal year], intake has been higher than our capacity to assign accounts to officers,” said an October 2017 update on ‘Managing the Tax Debt.’

“The number of unassigned accounts increased YOY [year over year] (July) by approximately 23%” — or about 350,000 unassigned accounts.

CBC News obtained the update through the Access to Information Act.

Half owed by individuals

Close to half of the unpaid tax debt is owed by individual Canadians. Corporations and businesses account for the remainder, which includes unpaid GST and payroll deductions not turned over to Ottawa.

The internal document indicates that more Canadians are filing their income tax returns each year without paying the tax they owe. Last year, there was a 10 per cent rise in these so-called ‘debit returns’ — up by about 600,000 returns — which added $1.2 billion to the tax debt total.

Jeremy Ghio, press secretary for National Revenue Minister Diane Lebouthillier, said the agency “continues to develop and implement collection strategies to improve its capacity to manage tax debt and avoid new debt from accumulating.”

Ghio noted that, until Budget 2016, the tax debt had grown by an average of 7.8 per cent annually. CRA’s new resources helped reduce the growth rate to 5.6 per cent in 2017-2018, he said.

A CRA watchdog group said the rapid rise in the tax debt over the last decade or so is a direct result of public service downsizing – a problem the Liberals have still not resolved.

“It coincides directly with dramatic cuts to staff and office closures,” Diana Gibson of Canadians For Tax Fairness said in an interview from Victoria.

“We do not have adequate staffing levels to actually tackle the debt.”

Paul DioGuardi

B.A., LL.B, KING’S COUNSEL, SENIOR COUNSEL

Paul obtained his Law Degree from Queen’s University in 1964.  He is a member of the Bars of Ontario, British Columbia and the Turks and Caicos Islands, a British tax free territory in the West Indies. He has over 50 years of experience and was trained at the Ottawa head offices of Revenue Canada and the Tax Litigation Section at the Department of Justice. Paul has had and continues with an extensive career in various areas of law such as:

  • Tax Law, Civil Assessment Negotiation and Litigation, Criminal Prosecution Defense, Unpayable Tax Debt Solutions, Audits, Tax Amnesty.
  • Corporate and Commercial Law
  • Real Estate
  • Wills and Estates
  • Insolvency and Bankruptcy

Tax Law

DioGuardi offers solutions for tax problems such as:

  • Unreported income
  • Unfiled tax returns
  • Payment arrangements
  • Unpayable tax debt
  • Tax dispute litigation
  • Criminal tax defense

Wills, Estates & Trusts

DioGuardi Law offers these will, estate and trust services for individuals and business-owners:

  • Wills
  • Preparation of trust agreements
  • Powers of attorney
  • Estate administration
  • Probate
  • Representation in estate driven litigation

Real Estate

DioGuardi Law can assist you with all your real estate needs including:

  • Newly constructed/Resale
  • Purchases and Sales
  • Title transfers
  • Leases
  • Private mortgages 
  • Refinancing 
  • Condominiums
  • Vacant land

Tax Debt Relief

When your tax balance is too large to be affordable, DioGuardi Law can protect your home, your cash flow and your financial assets from the Taxman. It is essential that we begin planning a strategy before the CRA registers a lien against your properties or seizes financial accounts, and before you engage with an insolvency trustee.

Business & Tax Planning

DioGuardi Law has the experience to provide:

  • Resident and non-resident corporate restructuring
  • Optimum use of holding corporations
  • Continuity and succession planning
  • Tax-free transfers
  • Losses and ABIL planning
  • Making interest tax deductible
  • Small business planning

Corporate & Commercial Law

DioGuardi Law have represented business clients for the last 50 plus years and have supported their legal requirements on an on-going basis by offering the following services:

  • Incorporations and corporate governance
  • Corporate reorganizations and transactions for the directors and shareholders
  • Negotiation and drafting of agreements, professional corporations, minute book maintenance

Brigitte DioGuardi

B.A., LL.B

Brigitte obtained her Law Degree from the University of Sheffield in the United Kingdom. Upon her return, she qualified for the Bar and was called to the Law Society of Ontario (formerly the Law Society of Upper Canada) in 2002. She was also a member of the Bar of British Columbia and headed up the Vancouver office of DioGuardi Tax Law.  Fluently bilingual in English and French, Brigitte has broad experience in the areas of:

  • Tax Law, Civil Assessment Negotiation and Litigation, Criminal Prosecution Defense, Unpayable Tax Debt Solutions, Audits, Tax Amnesty.
  • Corporate and Commercial Law
  • Real Estate
  • Wills and Estates
  • Insolvency and Bankruptcy

Joyce Bruno

EXECUTIVE LEGAL ASSISTANT

Joyce Bruno has worked as executive legal assistant to Paul Dioguardi for 35 years and continues to offer her expertise and experience to the Dioguardi Law firm. Joyce’s role has evolved over the years and has acquired and developed many skills. She is an invaluable asset in case management and ensures the smooth running of our office.

Paul DioGuardi

B.A., LL.B, KING’S COUNSEL, SENIOR COUNSEL

Paul obtained his Law Degree from Queen’s University in 1964.  He is a member of the Bars of Ontario, British Columbia and the Turks and Caicos Islands, a British tax free territory in the West Indies. He has over 50 years of experience and was trained at the Ottawa head offices of Revenue Canada and the Tax Litigation Section at the Department of Justice. Paul has had and continues with an extensive career in various areas of law such as:

  • Tax Law, Civil Assessment Negotiation and Litigation, Criminal Prosecution Defense, Unpayable Tax Debt Solutions, Audits, Tax Amnesty.
  • Corporate and Commercial Law
  • Real Estate
  • Wills and Estates
  • Insolvency and Bankruptcy