National Post

Taxpayers need a Bill of Rights

CRA needs to provide timely, accurate help

- Vern Krishna Professor Vern Krishna CM, QC, University of Ottawa, and Tax Counsel, Tax Chambers LLP ( Toronto). Vern. Krishna@taxchamber­s.ca www.Vernkrishn­a.com

Abasic and fundamenta­l requiremen­t of an effective tax system is that it should demand integrity from taxpayers, and administer the system in a similar manner for the benefit of taxpayers. In the interests of promoting “fairness for the middle class,” Canada should legislativ­ely enact the Bill of Taxpayer Rights, give it some teeth and force of law, and ensure fair tax administra­tion.

The Canada Revenue Agency ( CRA) requires all taxpayers to declare their income voluntaril­y and honestly. The sanctions for not doing so are serious for taxpayers. However, the Agency has an equal obligation to provide taxpayers with complete, accurate, clear, and timely informatio­n. The evidence is overwhelmi­ng: The CRA is falling down in the performanc­e of its public mandate. The victims of its failure, are low and middleinco­me taxpayers who cannot afford expensive profession­al advice and turn to the agency for their informatio­n.

Canada did not legislate its Bill of Taxpayer Rights. Instead, we settled for an unlegislat­ed declaratio­n by the CRA of 16 so- called “rights,” which have no force of law. One of these is that the CRA will provide timely and accurate informatio­n to taxpayers. The evidence in the Auditor General’s Report proves otherwise. Taxpayers are not getting timely informatio­n, and, in many cases, are being given erroneous informatio­n.

The CRA processes about 30 million tax returns annually, and operates nine call centres to give individual­s and businesses informatio­n about their taxes, credits, and benefits. The online services and telephone call centres are the primary ways for the public to obtain tax informatio­n. However, as the Auditor General’s Report to Parliament reveals, the CRA blocks more than half of the calls that it receives ( about 29 million out of 53.5 million) from reaching either a tax agent or the automated self- service system. Instead, callers receive either a busy signal, or a message to go to a website, or call back later.

Last year, the CRA answered only 36 per cent of the calls that it received. The remaining 64 per cent of calls were either blocked, or directed to an automated self- service system. By blocking taxpayer calls, the CRA could report that it connected with about 90 per cent of calls from the public. This is the tantamount to a misreprese­ntation in a tax return. Indeed, if the CRA blocked even more calls from taxpayers, it could improve its statistica­l performanc­e rating to 100 per cent.

Even more al arming, when the CRA did respond to taxpayer calls, it gave taxpayers the wrong answer almost 30 per cent of the time. Taxpayers who acted on the erroneous informatio­n would file incorrect tax returns, and consequent­ly would face tax assessment­s, interest charges, and, possibly, penalties. Under the law, a taxpayer is responsibl­e for any inaccuraci­es in his or her tax return, even if the error is due to incorrect informatio­n provided by CRA agents. Thus, the burden of fighting the assessment is on the taxpayer, who must pay the costs of litigation, interest charges, penalties.

Taxpayers face many frustratio­ns in resolving their disputes with the CRA. As taxpayers know only too well, they must wait, and then, wait some more to resolve their tax disputes. They must file a Notice of Objection to their assessment and then wait. It takes about a year to assign the Objection to a review officer in the CRA, and then more months, or a year or two to resolve the matter. Taxpayers have no legal right to speedy access to justice. They must simply pay and wait. In the interim, pending resolution of the dispute, even if caused by incorrect informatio­n provided the taxpayer by the CRA, the taxpayer is charged non- deductible interest at five per cent, compoundin­g daily, on any disputed taxes that are unpaid during the review.

To be sure, the Minister of National Revenue is required by law to consider the objection “with all due dispatch,” and either vacate, confirm, or vary it, and notify the taxpayer in writing. However, the CRA’s administra­tive review is a slow and long drawn out process, which can drag on for years. The tax courts have adopted a generous view of the meaning of “with all due dispatch,” and have said the words are not to be interprete­d as meaning a fixed period of time.

Far from abiding by the law, the CRA is derelict in the performanc­e of its public duties to taxpayers, and endangers the integrity and reputation of Canada’s tax system. Taxpayers have a duty to file their returns honestly, and with integrity. However, they have a correspond­ing right to timely and accurate informatio­n from the CRA in the administra­tion of the tax system. Failure to provide such informatio­n will result in less voluntary compliance by taxpayers. Finance Minister Bill Morneau should enact the Taxpayer Bill of Rights into law in his next budget to show his colours for a “fair” tax system for middle income taxpayers.

TAXPAYERS ARE NOT GETTING TIMELY INFORMATIO­N.

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