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Taxpayers' 2009 Fairness Relief Ends December 31, 2019

Taxpayers' 2009 Fairness Relief Ends December 31, 2019

As a reminder, the deadline for applying for relief is rapidly approaching

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Taxpayers have until December 31, 2019 to make a "taxpayer relief" request related to 2009. The deadline applies to relief requests relating to the 2009 tax year, any reporting period that ended during the 2009 calendar year, and any interest that accrued during the 2009 calendar year for any tax year or reporting period.

Background

The taxpayer relief provisions in the Income Tax Act limit the discretion of the CRA to:

  • Cancel or waive penalties and interest when taxpayers are unable to meet their tax obligations due to circumstances beyond their control
  • Accept certain late-filed, amended, or revoked income tax elections
  • Issue income tax refunds or reduce income tax payable beyond the normal three-year reassessment period (only for individuals and testamentary trusts [starting in 2016, graduated rate estates only].)

These provisions only apply to tax years that ended within the 10 calendar years immediately preceding the calendar year in which a request is made.

The taxpayer relief provisions of the Excise Tax Act limit the CRA's discretion to cancel or waive interest and certain penalties. This limit applies to reporting periods that ended within the last 10 calendar years preceding the year in which a request is made.

Deadline looming

To avoid missing the ten-year deadline, consider making a protective request for potential relief at any stage in a CRA assessment or reassessment process (e.g., when a taxpayer requests an adjustment, or at the audit defense or notice of objection stages).

For more information, contact your KPMG advisor.

Information is current to November 12, 2019. The information contained in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act upon such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's National Tax Centre at 416.777.8500

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