So you’ve filed your tax return. Now comes nail-biting time.
Even if you are audited and are hit with additional taxes and penalties, your chances of getting those charges reduced – or even eliminated – may be better than you think. It’s been estimated that taxpayers who took their case to the CRA’s appeals division won at least some relief in between 35% to 40% of the cases.
Audits come in different forms. Some are handled entirely by mail, such as when the CRA asks for more documentation to support an item on your return. In other cases, the audit may take place in your home, office or your tax adviser’s office. If you disagree with the outcome, you can ask appeals officials to review your case.
Many taxpayers assume it isn’t worth the time, trouble and expense to challenge the CRA unless the amount of money at issue is large. But don’t automatically surrender if you feel you have a strong case, or believe the auditor made a mistake. You can get the form on line and file a Notice of Objection. This takes you to the Appeals Division. It frequently gives taxpayers some relief.
Unlike auditors, appeals officers are authorized to settle tax assessments based on their judgment of what could happen if the case goes to Tax Court.
Appeals officers typically are “more savvy” about tax law than auditors and collection staffers. Good deals are often made in the appeals section.
Filing a Notice of Objection to contest an unfavourable assessment and having Appeals consider itcould take roughly a year. If you’re not satisfied with the outcome, you can still slug it out in the Tax Court. If the amount in issue is not high, you can even plead your own case under the Informal Procedure. Under the Informal Procedure rules, even if you lose, there are usually no court costs and you at least have had your day in court. Also, the Justice lawyer handling the case for the CRA might agree to a settlement rather than fight out the case in front of a Tax Court judge. One very important thing that many taxpayers overlook is the need to pay the disputed taxes at once if possible. That is because the interest rate on overdue tax bills is very high. If you are successful,either with the negotiations or in court you will get a refund plus repayment of interest, albeit at a much lower rate.
Some people contend that the appeals division’s independence from audit has eroded in recent years and that appeals officers often are tougher to deal with than they once were, reflecting the CRA’s overall enforcement crackdown.
Appeals officials strongly defend their independence and say they’re trying to resolve as many cases as possible in a fair manner without giving away the store.
Rather than just complaining that you were unfairly treated by the taxman, consider taking a kick at the cat. It may just put money in your pocket!
So you’ve filed your tax return. Now comes nail-biting time.
Even if you are audited and are hit with additional taxes and penalties, your chances of getting those charges reduced – or even eliminated – may be better than you think. It’s been estimated that taxpayers who took their case to the CRA’s appeals division won at least some relief in between 35% to 40% of the cases.
Audits come in different forms. Some are handled entirely by mail, such as when the CRA asks for more documentation to support an item on your return. In other cases, the audit may take place in your home, office or your tax adviser’s office. If you disagree with the outcome, you can ask appeals officials to review your case.
Many taxpayers assume it isn’t worth the time, trouble and expense to challenge the CRA unless the amount of money at issue is large. But don’t automatically surrender if you feel you have a strong case, or believe the auditor made a mistake. You can get the form on line and file a Notice of Objection. This takes you to the Appeals Division. It frequently gives taxpayers some relief.
Unlike auditors, appeals officers are authorized to settle tax assessments based on their judgment of what could happen if the case goes to Tax Court.
Appeals officers typically are “more savvy” about tax law than auditors and collection staffers. Good deals are often made in the appeals section.
Filing a Notice of Objection to contest an unfavourable assessment and having Appeals consider itcould take roughly a year. If you’re not satisfied with the outcome, you can still slug it out in the Tax Court. If the amount in issue is not high, you can even plead your own case under the Informal Procedure. Under the Informal Procedure rules, even if you lose, there are usually no court costs and you at least have had your day in court. Also, the Justice lawyer handling the case for the CRA might agree to a settlement rather than fight out the case in front of a Tax Court judge. One very important thing that many taxpayers overlook is the need to pay the disputed taxes at once if possible. That is because the interest rate on overdue tax bills is very high. If you are successful,either with the negotiations or in court you will get a refund plus repayment of interest, albeit at a much lower rate.
Some people contend that the appeals division’s independence from audit has eroded in recent years and that appeals officers often are tougher to deal with than they once were, reflecting the CRA’s overall enforcement crackdown.
Appeals officials strongly defend their independence and say they’re trying to resolve as many cases as possible in a fair manner without giving away the store.
Rather than just complaining that you were unfairly treated by the taxman, consider taking a kick at the cat. It may just put money in your pocket!
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:
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:
