If you have a tax debt that you cannot pay in full, you
should be very careful dealing directly with the Canada Revenue Agency (CRA).
In fact, many agencies, including law firms, advise people who have large tax
debts not to deal with the Canada Revenue Agency directly.
Why? Because CRA agents are hired by the government to
collect the tax debt from you. Their primary objective is to close your file
and that will only happen in one of two ways: pay the tax debt you owe, or file
a consumer proposal or bankruptcy.
The Canada Revenue Agency has many tools in its arsenal to collect
your tax debt. These tools include garnishing your wages, freezing your bank
account and placing a lien on your property. They cannot however take these
enforcement actions against you unless they have done their homework. For
example, they can't freeze your bank account unless they know where you bank,
they can’t place a lien on your home unless they know you own a home, and they
can't garnish your wages unless they know where you work.
Of course, the Canada Revenue Agency does have its own ways
to find this information, but sometimes you can be your own worst enemy in this
regard. Many people want to make payment plans with the Canada Revenue Agency
to pay their tax debt and will directly contact the Canada Revenue Agency to
attempt to do so. The CRA always wants to be paid in full. Generally they won't
accept a long term payment plan unless it involves paying off the tax debt
within 24 month, which many people are unable to do when they have a large tax
debt. This is where Canada Revenue Agency forms and requests come in.
Say for example you owed $40,000. Over 24 months, your
monthly payment would be $1,666 per/month but you can only afford to pay $500
per/month. When calling the Canada Revenue Agency they may indicate that they
are willing to accept a temporary 3-6 month payment plan based on $500
per/month if you fill out a Canada Revenue Agency form providing financial
disclosure. This form will ask you about your income, income sources, expenses,
assets, liabilities, where you bank and more. Once they receive your financial
disclosure, they may disallow payments for expenses that do not include
shelter, food and transportation and then demand a much larger monthly payment.
They may accept the lesser monthly payment for 3-6 months but the danger is
that if they demand more, or when the short term payment plan you negotiated
expires, the CRA will have all of your personal financial information that you
provided in the Canada Revenue Agency form and can proceed to take enforcement
action against you. Don’t get caught in this trap.
If you owe money to the Canada Revenue Agency there are
solutions available to you. If the CRA has presented you with one of these
Canada Revenue Agency forms for financial disclosure, seek professional help
immediately. A seasoned financial consultant with experience dealing with the
Canada Revenue Agency can help you negotiate a repayment arrangement that you
can live with and help you protect your personal information.
For more information about Canada Revenue Agency forms
and requests to beware of or if you need help with a tax problem, please
contact DebtCare Canada at 416-907-2582 or visit www.debtcare.ca.
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