Learning Centre
Frequently asked questions.
Straight answers on CRA audits, disputes, voluntary disclosures, penalties, fees, and cross-border tax — written by the lawyers who handle these files.
FAQ
CRA audits
Who is at risk of a CRA audit?
Self-employed individuals, cash-business owners, real-estate flippers, large charitable donors, taxpayers with offshore assets, and high-income earners with year-over-year income changes are statistically more likely to be audited.
Can the audit be conducted somewhere other than my home or office?
Yes. We routinely host audits at our office. This keeps the auditor away from staff and family, and lets us control the flow of information and documents.
I received a Proposal Letter — what now?
A Proposal Letter is the auditor's draft assessment. You usually have 30 days to respond. This is the most important window in the audit — once it becomes a Notice of Reassessment, your only remedy is a Notice of Objection.
FAQ
Tax Court of Canada
What is the difference between Informal and General Procedure at the Tax Court?
Informal Procedure has lower thresholds (up to $25,000 federal tax + penalties per year for income tax, $50,000 for GST/HST), simpler rules, and unrepresented taxpayers can appear. General Procedure handles larger amounts with full Federal Court Rules-style discovery, pleadings, and trial management.
How long does a Tax Court appeal take?
Informal Procedure files often resolve in 6–18 months. General Procedure can run 18–36 months from Notice of Appeal to judgment, depending on complexity, discovery, and whether the case settles or proceeds to trial.
Do I have to attend the trial?
If you are the appellant and there are factual issues in dispute, yes — you will usually be a key witness. Your counsel will prepare you. For purely legal arguments, attendance is optional in most cases.
FAQ
Voluntary disclosures
Am I eligible for the Voluntary Disclosures Program?
Generally yes, as long as the CRA has not yet contacted you about the matter you wish to disclose, the disclosure is voluntary, complete, and at least one year overdue, and involves a penalty.
What happens if I do not disclose voluntarily?
If the CRA discovers the issue first, you face gross-negligence penalties (up to 50% of the tax owing), full interest, and potential criminal prosecution for tax evasion under section 239 of the Income Tax Act.
How long does a VDP submission take?
Drafting takes 2–6 weeks for most cases. CRA review typically takes 6–18 months. Interest continues to accrue until the file closes, but penalties and prosecution are off the table once you have an acknowledgement letter.
FAQ
Corporate tax
Why use a tax lawyer for a corporate matter instead of a corporate lawyer?
Most incorporations, sales, and reorganizations have tax consequences worth more than the legal fees. A tax-aware lawyer drafts the share structure, the rollover, and the agreement with the after-tax outcome in mind — not just the corporate-law mechanics.
Do you work with my existing accountant?
Yes — most corporate engagements involve close coordination with the client's accountant for valuation, rollovers, T2057 filings, and post-closing compliance. We treat your accountant as part of the team.
How are corporate engagements priced?
Most matters — incorporations, shareholder agreements, share sales, simple reorganizations — are quoted on a fixed-fee basis after we understand scope. Complex transactions and litigation are typically billed hourly with a budget cap.
FAQ
Estate planning
Do I need a tax lawyer for estate planning if I already have a will?
Wills handle distribution. Tax planning handles what's left after the deemed disposition on death, the capital-gains rollover to a spouse, the post-mortem pipeline, and US estate tax for snowbirds. The two work together.
What is a post-mortem pipeline?
A pipeline transaction lets the estate of a deceased shareholder extract corporate value as a return of capital instead of a deemed dividend, avoiding double taxation. It typically requires a holdco freeze and is most effective when planned within the first year after death.
FAQ
Business sales
Should I sell my business as an asset sale or a share sale?
Sellers usually prefer a share sale (Lifetime Capital Gains Exemption can shelter up to ~$1M+ of gain on Qualified Small Business Corporation shares). Buyers usually prefer asset sales (step-up in basis, lower successor-liability risk). The price negotiation is partly about who absorbs the tax differential.
What is the Lifetime Capital Gains Exemption?
An indexed exemption for capital gains on Qualified Small Business Corporation shares (and qualified farm/fishing property). Multiplying it across family members through estate freezes and family trusts is one of the highest-leverage tax-planning moves available to Canadian business owners.
FAQ
General
Is the consultation really free?
Yes. Most cases qualify for a free, no-obligation consultation with one of our tax lawyers. During the call we'll review your situation, explain your options, and give you a clear quote if you decide to retain us.
Do you serve all of Canada?
Yes. Barrett Tax Law represents clients across Canada. We have offices and local phone lines in Toronto, Calgary, Edmonton, Fort McMurray, Ottawa, Vancouver, and Winnipeg, plus a national toll-free line at 1-877-882-9829.
What does a tax lawyer do that an accountant cannot?
Accountants prepare returns and financial statements. Tax lawyers represent you when those returns are challenged, audited, or prosecuted — and our communications are protected by solicitor–client privilege, which accountant communications generally are not.
Will the CRA criminally prosecute me?
Most CRA disputes are civil. Criminal prosecution is reserved for serious tax evasion or fraud, usually involving deliberate misrepresentation. If you have unreported income, a voluntary disclosure is one of the standard ways to reduce criminal-prosecution risk.
How fast can you start on my case?
We typically begin work within 24 hours of being retained. For audit deadlines, Notices of Objection, and other time-sensitive matters, we move immediately.
What if I have unfiled tax returns from many years ago?
We routinely handle 5+ years of unfiled returns. Through the Voluntary Disclosures Program — applied for before the CRA contacts you — we can usually eliminate gross-negligence penalties and limit interest exposure.
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Need urgent representation against the CRA?
Free consultation. Fixed-fee quotes on most matters. We begin within 24 hours of retainer.
