What do you do if you have received a Notice of Assessment or Reassessment from the Canada Revenue Agency, and you believe that they are wrong and that you should not be paying so much? The first thing you should do is consult with a Toronto tax litigator who is a specialist in tax law and who can counsel and represent you in resolving tax disputes.
When Canada Revenue Agency (CRA) has a question on your tax report, they will issue a notice of reassessment. If you disagree with the CRA, you definitely have the right to dispute this decision, following certain rules and procedures. It is prudent that you get professional advice at this stage of your tax problem. An expert tax lawyer can provide a clear interpretation of the law and inform you whether there are grounds to fight the tax assessment and if you have a realistic chance on objection or appeal.
Resolving a tax dispute may require discussions with the CRA, or involve a written appeal to the Appeals Office, or, potentially, litigation before the Supreme Court of Canada, the Federal Court of Appeal, or the Tax Court of Canada. Either way an attorney specializing in tax disputes may assist in many ways.
He can simply serve as an advisor to the taxpayer and to his or her accountant and provide his expertise regarding substantive tax laws that can support the tax controversy. He can also offer insights on how the CRA works and how decisions and approvals are made inside the CRA and make recommendations on how to best deal with revenue agents. He can help formulate an audit strategy and review all the issues and the potential issues that could arise during the examination process.
If you decide to pursue a review of the CRA assessment in the federal, state or local court, a tax litigation attorney is very experienced in pursuing administrative or judicial appeals and can play a leading role in helping you fight for justice in Court in order to obtain reduced interest, lower penalties and a fair and reasonable repayment term. In addition, a tax attorney can help you in planning transactions in order to ensure that you comply with state and federal laws to avoid future disputes.
Highly specialized tax litigators can also assist you in criminal tax matters, such as criminal tax fraud or tax evasion charges. If the CRA accuses you of willfully violating the tax laws such as:
- Intentionally understating your income
- Failing to file tax returns
- Hiding income and/or assets
- Engaging in and concealing illegal activities
- Failing to make estimated tax payments
- Filing false documents
A tax litigator can provide skillful representation in criminal investigations by the CRA, the Department of Justice, or other state taxing authorities. A knowledgeable attorney understands the court system and can help you go through the complex process of criminal trials, sentencing proceedings, and appeals.
Canada Revenue Agency is bound by the law to administer and enforce our income tax system as set out in the Income Tax Act. If they have a question and come at you, you can’t simply ignore your tax situation and hope it will just go away. Matters involving tax litigation can have serious consequences to your business or personal finances. You can face potential jail time or be penalized with significant fines. No matter the breadth of your tax issues, a Toronto tax litigator can help you navigate all stages of tax litigation and dispute resolution, including audits, objections, and appeals before the courts and make a difficult process easier to handle.
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