Death and taxes: Who to call if the CRA wrongly declares your demise
OTTAWA — Wrongfully declared dead by the Canada Revenue Agency? Unhappy with the treatment you’re getting from the CRA?
Citizens who are tired of fighting the taxman and looking for help to resolve complaints have somewhere to turn — the Office of the Taxpayers’ Ombudsman.
As millions of Canadians scrambled to file their taxes by Monday’s deadline (May 2 this year because April 30 was on a weekend), the small and relatively unknown office in downtown Ottawa is mandated with looking into taxpayers’ complaints over the CRA.
The office has published a longpromised report on the CRA wrongfully declaring taxpayers dead, while looking into issues such as fairness when the CRA comes knocking and access to the agency’s customer service call centres.
The taxpayers’ ombudsman is an adviser to the minister of national revenue, but works arm’s length from the government. The office was created in 2008 and operates independently of the CRA.
The ombudsman’s job is to uphold taxpayer rights and provide an independent and impartial review of unresolved complaints from taxpayers about service or treatment they have received from the CRA.
Sherra Profit, a lawyer by training who became the ombudsman in July 2015, said the most common complaints the office gets include:
• Fairness in how the CRA collects taxes it is owed;
• Getting appropriate followup and timely responses from the CRA on audit appeals and taxpayer relief from penalties and interest owed;
• Complaints about accessing the general inquiries line and other service phone lines; and
• Proving marital status and custody of children to get benefits, especially child benefits.
Tax season produces calls from people complaining they haven’t received their tax return or notice of assessment back in a timely manner, Profit said in an interview.
“If (taxpayers) feel that they have an issue with the service that CRA has provided to them, contact us. If you’re not sure, contact us,” she said.
The ombudsman’s office is finalizing examinations into two potential “systemic” issues at the CRA, she said, including delays in the taxpayer relief process.
The other examination is on the sufficiency of information in ruling letters on Canada Pension Plan benefits and employment insurance, she said. Taxpayers looking for in-depth information from the CRA on how it came to a ruling have had to call to obtain the lengthy decision reports because they weren’t included with the letter, she said.
The report on the CRA wrongfully declaring taxpayers dead was completed by Profit’s predecessor, Paul Dube, in February 2014 and submitted to the former revenue minister, but wasn’t published until a couple of months ago.
Titled Alive and Well, it highlights 5,489 instances from 2007 to 2013 where the CRA accidentally declared taxpayers dead (albeit a fraction of the more than 2.4 million deaths reported to the CRA during that time).
The errors were caused by issues such as a CRA agent entering a date of death under an incorrect social insurance number; taxpayers or a representative making an error filling out a T1 return; or incorrect information from outside sources such as Employment and Social Development Canada, and provincial vital statistics offices. The report made eight recommendations to the CRA on how to avoid the errors and fix the issue promptly when it does happen.
The mistakes can produce financial consequences because benefit payments (such as GST/HST tax credits) are automatically stopped once a taxpayer is declared dead. The report also noted there is “significant” emotional impact on Canadians being declared dead by a government agency.
The ombudsman’s office upholds the Taxpayer Bill of Rights, which Canadians are entitled to in their dealings with the CRA. It also includes a Commitment to Small Business.