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Brandon Blog Post

CRA TAX HELP DEBT RELIEF: THE COMPLETE STORY ON WHAT YOU MUST DO TO GET BEYOND PAYMENT PLANS TO REAL SOLUTIONS

Sarah owns a small café in Toronto. One Tuesday afternoon, she called the Canada Revenue Agency, hoping to get CRA tax help on her business taxes. After 45 minutes on hold, she gave up. Her tax return sat unfinished. What began as a simple question turned into a $12,000 tax debt problem!

Sarah’s story is far from unique. The 2025 Auditor General’s Report to Parliament on the CRA tax help centres reports shocking problems with CRA service in 2024-25:

  • The average wait time to speak with someone hit 33 minutes.
  • Over 8.6 million calls never reached an agent at all.
  • Only 18% of callers got through within the CRA’s 15-minute target.
  • In June 2025, that number dropped below 5%.

When you can’t get CRA tax help when you need it, small problems become big ones. Missed deadlines turn into penalties. Confusion about what you owe becomes a growing debt. For many Canadians and business owners, the question changes from “How do I reach the CRA?” to “How do I deal with tax debt I can no longer manage?”

That’s where my expertise as a Licensed Insolvency Trustee comes in. I’m Brandon Smith, Senior Vice-President at Ira Smith Trustee & Receiver Inc. Our firm has been serving the Greater Toronto Area for decades. We help Canadians and businesses in the GTA, including Vaughan, where our office is located, solve serious debt problems, including CRA tax debt that has spiralled out of control.

Why Getting CRA Tax Help Has Become So Difficult

The 2025 Auditor General’s Report to Parliament states that the numbers paint a clear picture. In 2024-25, the CRA received over 32 million calls. Only about 10 million people actually spoke to an agent. The rest either gave up or were turned away by the system.

Even when you get through, the help isn’t always helpful. The Auditor General found that CRA agents answered only 17% of general tax questions correctly. For business tax questions, the accuracy rate was 54%. The CRA’s chatbot, Charlie, got only one out of three basic questions right.

Customer complaints jumped 145% over three years. People aren’t just frustrated about long waits. They’re dealing with locked online accounts, incorrect information, and problems that never get resolved.

For someone trying to manage their tax obligations properly, this creates a perfect storm. You want to do the right thing, but you can’t get the information you need. Deadlines pass. Interest charges pile up. What started as a manageable situation becomes a serious debt problem.

CRA Tax Help: When CRA Problems Become Debt Problems

There’s a big difference between needing basic CRA tax help and facing a debt crisis. Here are the warning signs that your situation has moved beyond what the CRA can help you resolve:

You’re receiving CRA collection letters or calls. Once your file moves to CRA Collections, you’re dealing with a different part of the agency. They’re focused on getting payment, not answering questions about deductions or helping you file returns.

Your bank account has been frozen. The CRA has the legal power to freeze your bank account without going to court first. If this happens, you need immediate professional help, not a spot in a phone queue.

Your wages are being garnished. The CRA can take money directly from your paycheque to collect tax debt through a document sent to your employer called a “Requirement To Pay“. For many people, this makes it impossible to pay rent, buy groceries, or cover other basic expenses.

You owe multiple years of back taxes. If you’re behind on several tax returns and the total debt is growing, standard CRA payment arrangements may not be enough to solve the problem.

You have other debts, too. Many people with CRA tax debt also carry credit card balances, lines of credit, or business debts. When everything is added together, the monthly payments become impossible to maintain.

You’re borrowing to pay the CRA. Using credit cards or loans to cover tax bills just trades one debt for another. Often at higher interest rates.

Your business owes payroll source deductions. These are the income taxes, CPP, and EI that employers withhold from employee paycheques. The CRA treats unremitted source deductions very seriously. It is a deemed trust claim against the employer’s assets. That means CRA comes ahead of everyone, including secured creditors. Company directors can be held personally responsible for these debts.

If any of these situations sound familiar, you’ve moved beyond needing basic CRA tax help. You need a solution for serious tax debt.

Canadian business owner receiving CRA tax help from a Licensed Insolvency Trustee, showing a transformation from tax debt stress to financial relief
CRA tax help

CRA Tax Help: Why CRA Payment Plans Aren’t Always the Answer

When people finally get through to the CRA, they often try to set up a payment arrangement. The CRA may agree to let you pay your tax debt over time. This can work for some people, but it’s important to understand the limitations.

Interest keeps adding up. CRA payment plans don’t stop the interest charges on your tax debt. Currently, the prescribed interest rate means your balance continues to grow even as you make payments.

One missed payment can cancel the arrangement. If you can’t make a payment, the CRA can cancel your arrangement and resume collection actions like garnishments or account freezes.

It doesn’t address other debts. If you’re putting all your available money toward the CRA but falling behind on rent, car payments, or other bills, you’re not solving your overall financial problem.

The CRA may reject your proposal. If the amount you can afford to pay seems too low, or if you’ve defaulted on previous arrangements, the CRA may not agree to a payment plan at all.

For many Canadians dealing with significant tax debt, there’s a better solution that actually eliminates the debt rather than just stretching out the payments.

How a Licensed Insolvency Trustee Provides Real CRA Tax Help

Licensed Insolvency Trustees are the only professionals in Canada who can legally file Consumer Proposals and Bankruptcies. We’re federally regulated and licensed by the Office of the Superintendent of Bankruptcy.

Here’s what makes us different from other debt help services:

We can stop CRA collection actions immediately. The moment you file a Consumer Proposal or Bankruptcy, all collection efforts must stop by law. This includes wage garnishments, bank account freezes, and collection calls. This legal protection is called a “stay of proceedings.”

We can reduce the amount you owe. Through a Consumer Proposal, you may be able to settle your CRA tax debt for much less than the full amount. The CRA votes on the proposal like any other creditor. We’ve helped many clients reduce their tax debts by 60%, 70%, or even more.

We stop the interest. Once you file, interest charges stop immediately. Your debt finally stops growing.

We deal with all your debts together. A Consumer Proposal or Bankruptcy addresses all your unsecured debts at once—credit cards, lines of credit, tax debt, and more. You get one affordable monthly payment instead of juggling multiple creditors.

We negotiate directly with the CRA. You don’t have to spend hours on hold or worry about explaining your situation to collection agents. We handle all communication with the CRA on your behalf.

Better yet, no time is wasted with the CRA bureaucrats. As your Trustee, we are not required to first complete the CRA Represent a Client form for them to process before being able to speak to us. We start talking right away. This is very important, especially when you need a garnishee or Requirement To Pay lifted.

We protect your assets. In a Consumer Proposal, you can keep your home, car, and other important assets while getting relief from your debts.

Canadian business owner receiving CRA tax help from a Licensed Insolvency Trustee, showing a transformation from tax debt stress to financial relief
CRA tax help

CRA Tax Help: Real Solutions for CRA Tax Debt

Let me explain the two main options we use to provide CRA tax help to people with serious tax debt:

Consumer Proposals: Settle Your Tax Debt for Less

A Consumer Proposal is a legal agreement where you offer to pay your creditors a percentage of what you owe, or extend the time you have to pay, or both. You make one affordable monthly payment over up to five years, and when you complete the proposal, the rest of the debt is legally forgiven.

Here’s an example of how this works for CRA tax debt:

John ran a small contracting business as a sole proprietor. He fell behind on his HST payments and personal income taxes. He owed $45,000 to the CRA plus another $30,000 in credit card debt from trying to keep the business afloat.

The CRA had frozen his bank account. Now he couldn’t run his small business or pay rent on his apartment.

We filed a Consumer Proposal offering to pay what his budget showed he could afford, which was $275 per month for 60 months—a total of $16,500. The bank account freeze was lifted. The CRA and other creditors voted to accept the proposal. John kept his truck (which he needed for work) and got his financial life back on track.

When he finished the proposal five years later, the remaining $58,500 in debt was legally eliminated. He saved $58,500 and avoided bankruptcy.

Bankruptcy: A Fresh Start When You Need It

For some people, even a reduced payment through a Consumer Proposal isn’t affordable. Their monthly budget does not allow for it. That’s when bankruptcy may be the right choice.

Bankruptcy eliminates most debts, including CRA tax debt. Many people worry that bankruptcy means losing everything, but that’s not true. Federal and provincial laws protect essential assets up to certain dollar limits like:

  • Equity in your home
  • One vehicle
  • Household furniture and appliances
  • Tools needed for your work
  • RRSPs (except contributions made in the last 12 months)

People who file for bankruptcy may very well be able to keep the things that matter to them.

Here’s another example:

Maria was a single mother working two part-time jobs, providing her with a modest income. She got behind on her taxes during a period when she was sick and couldn’t work. The CRA debt grew to $28,000 with penalties and interest. She also had $15,000 in credit card debt. CRA tax help alone would not be enough.

Her income was barely enough to cover rent and food for her kids. There was nothing left over for debt payments. The CRA sent a Requirement To Pay to her employer, which meant she couldn’t access her full net paycheque and fell even further behind.

Maria filed for bankruptcy to give herself a fresh start. The CRA had to withdraw its wage garnishment. Her total cost for the bankruptcy was $2,400. It was her first bankruptcy, so nine months later, she received her discharge and all $43,000 in debt was eliminated.

Even before she was discharged, Maria began rebuilding her credit rating and took control of her financial situation again. Her kids don’t go without anymore and there is no longer any financial stress in her household.

CRA Tax Help: Special Considerations for Business Owners

If you’re a business owner in need of CRA tax help, there are some unique issues you need to understand:

Director’s Liability. If your corporation owes unremitted payroll source deductions (the taxes withheld from employee pay), or unremitted HST, you can be held personally responsible as a director. This means the CRA can come after your personal assets for the company’s debt.

GST/HST Debt. Just like unremitted payroll source deductions, Goods and Services Tax or Harmonized Sales Tax that you collected but didn’t remit is considered “trust money” that belongs to the government. The CRA treats this very seriously and is often unwilling to compromise on these debts.

Sole Proprietorships and Partnerships. If you operate as a sole proprietor or partner, business debts and personal debts are legally the same. You can’t separate them. A Consumer Proposal or Bankruptcy addresses both together.

Continuing Your Business. Many business owners worry that filing a proposal or bankruptcy means they have to close their business. That’s not always true. We can often structure solutions that allow you to keep operating while dealing with the debt. In the case of corporate bankruptcy, the business could continue, albeit in a new corporation. It all depends on the specific set of facts.

The key is getting professional advice before the situation becomes desperate. The earlier you talk to a Licensed Insolvency Trustee, the more options you have.

Canadian business owner receiving CRA tax help from a Licensed Insolvency Trustee, showing a transformation from tax debt stress to financial relief
CRA tax help

Why Choose Ira Smith Trustee & Receiver Inc. for Debt Help, Including CRA Tax Help

At Ira Smith Trustee & Receiver Inc., we’ve been helping Canadians in Toronto, Vaughan, Markham, Mississauga, Richmond Hill, Newmarket and Aurora, and businesses in the GTA solve serious debt problems for decades. Here’s what you can expect when you work with us:

Free, confidential consultation. We’ll review your complete financial situation at no cost and with no obligation. You’ll get honest advice about all your options, not just a sales pitch for one solution.

Experience with CRA debt. We’ve negotiated with the CRA too many times to count. We understand how they think, what they’ll accept, and how to protect your interests.

Personal service. You’ll work directly with me or the other Licensed Insolvency Trustee in our office, Ira Smith. We won’t hand you off to junior staff or a call centre. You’ll have direct access to experienced professionals who care about solving your problem.

Transparent fees. We’ll explain exactly what our services cost before you make any decisions. No hidden charges or surprises.

Complete solutions. We look at your whole financial picture, not just one piece of it. If you need help with creditors beyond the CRA, we address everything together.

Proven results. We’ve helped individuals and businesses get relief from overwhelming debt and build a better financial future, Starting Over Starting Now.

CRA Tax Help FAQs

Q: Why is it so difficult to get help from the Canada Revenue Agency (CRA)?

A: The difficulty stems from high call volumes and poor service levels.

• In 2024–25, the CRA received over 32 million calls.
• Only about 10 million people actually spoke to an agent.
• The average wait time to speak with someone hit 33 minutes.
• Over 8.6 million calls never reached an agent at all.
• Even when callers got through, the help was often inaccurate; CRA agents answered only 17% of general tax questions correctly and 54% of business tax questions correctly.

Q: What happens when I can’t get CRA tax help?

A: When you cannot get help, small problems often become big ones.

Missed deadlines can result in penalties, and confusion about what you owe can lead to growing debt. Customer complaints also jumped 145% over three years due to frustration over long waits, incorrect information, and problems that remain unresolved.

Q: What are the warning signs that my CRA tax problem has become a serious debt crisis?

A: Your situation has moved beyond needing basic CRA tax help if you are experiencing the following:
• You are receiving CRA collection letters or calls; at this stage, the agency is focused on obtaining payment, not answering tax questions.
• Your bank account has been frozen, which the CRA can legally do without first going to court.
• Your wages are being garnished through a “Requirement To Pay” sent to your employer.

• You owe multiple years of back taxes and the total debt is increasing.
• You have other debts (e.g., credit cards, lines of credit) that make monthly payments impossible to maintain when combined with tax debt.
• You are borrowing (using credit cards or loans) just to cover tax bills, trading one debt for another, often at higher interest rates.
• Your business owes payroll source deductions (income taxes, CPP, and EI withheld from employee pay), which the CRA treats very seriously as a “deemed trust claim”.

Q: Why are CRA payment plans not always the right solution for severe tax debt?

A: While the CRA may agree to payment arrangements, they have significant limitations:
• Interest keeps adding up on your tax debt, meaning the balance continues to grow even while you make payments.
• One missed payment can cancel the arrangement, allowing the CRA to resume collection actions like garnishments or account freezes.
• A payment plan only addresses the tax debt and does not address your other debts (e.g., rent, car payments), failing to solve your overall financial problem.
• The CRA may reject your proposal if the amount you can afford seems too low or if you have defaulted previously.

Q: Who is a Licensed Insolvency Trustee, and how are they different from other debt help services?

A: A Licensed Insolvency Trustee is a professional who is federally regulated and licensed by the Office of the Superintendent of Bankruptcy. They are the only professionals in Canada legally permitted to file Consumer Proposals and Bankruptcies.

Q: How can an LIT provide real solutions for CRA tax debt?

A: LITs offer several key benefits that resolve serious tax debt:
• They can stop CRA collection actions immediately upon filing a Consumer Proposal or Bankruptcy through a legal protection called a “stay of proceedings”. This stops wage garnishments and bank account freezes.
• They can reduce the amount you owe. Through a Consumer Proposal, clients have settled tax debts for 60%, 70%, or even more than the original amount.

• They stop interest charges immediately once the proposal or bankruptcy is filed, preventing the debt from growing further.
• They deal with all your unsecured debts together (including credit cards, lines of credit, and tax debt), consolidating them into one affordable monthly payment.
• They negotiate directly with the CRA on your behalf, handling all communication. As a Trustee, they are not required to complete the CRA Represent a Client form before speaking to the CRA, which is crucial when needing a garnishee lifted quickly.

Q: What is a Consumer Proposal and how does it affect CRA debt?

A: A Consumer Proposal is a legal agreement where you offer your creditors a percentage of what you owe, or extend the time to pay, or both.
• It involves one affordable monthly payment over a period of up to five years.
• When the proposal is completed, the remaining debt is legally forgiven.
• The CRA votes on the proposal like any other creditor.
• Filing a Consumer Proposal allows you to keep essential assets such as your home and car while getting debt relief.

Q: Will I lose everything if I file for bankruptcy?

A: No, that is not true. Bankruptcy eliminates most debts, including CRA tax debt. Federal and provincial laws protect essential assets up to certain dollar limits, such as equity in your home, one vehicle, household furniture, tools needed for work, and most RRSPs (except contributions made in the last 12 months).

Q: As a business owner, what special tax debts should I be concerned about?

A: Business owners face unique issues related to “trust money”:
Director’s Liability: If a corporation owes unremitted payroll source deductions or unremitted HST, the company’s directors can be held personally responsible for these debts, allowing the CRA to pursue personal assets.
Trust Money: Unremitted payroll source deductions and GST/HST collected but not remitted are considered “trust money” belonging to the government. The CRA treats these debts very seriously and is often unwilling to compromise on them.

Q: If I file a Proposal or Bankruptcy, does that mean I have to close my business?

A: Not necessarily. Solutions can often be structured to allow you to keep operating the business while dealing with the debt. If the business is a sole proprietorship or partnership, the business and personal debts are legally the same and are addressed together. In the case of corporate bankruptcy, the business could potentially continue in a new corporation, depending on the specific facts.

Canadian business owner receiving CRA tax help from a Licensed Insolvency Trustee, showing a transformation from tax debt stress to financial relief
CRA tax help

CRA Tax Help: Take Action Before Your CRA Tax Debt Gets Worse

If you’re struggling with CRA tax debt, waiting won’t make it better. The penalties and interest keep adding up in your CRA account. The CRA’s collection powers are extensive, and they will use them.

But there is a way forward. Whether through a Consumer Proposal that reduces what you owe, a corporate restructuring or bankruptcy that gives you a complete fresh start, you have options that can stop the collection actions and eliminate the debt.

The first step is simply reaching out for a free consultation. We’ll spend time understanding your situation, explain what’s possible, and help you make an informed decision about the best path forward.

You don’t have to spend hours waiting on hold with the CRA. You don’t have to face collection agents alone. You don’t have to keep losing sleep worrying about tax debt.

Contact Ira Smith Trustee & Receiver Inc. today for a free, confidential consultation. Call us or visit https://irasmithinc.com/ to find out how we can help you, Starting Over Starting Now.

Real CRA tax help isn’t just about getting your questions answered. It’s about getting real solutions that eliminate the debt and give you back control of your financial life. Let us show you how.


About the Author: Brandon Smith is Senior Vice-President at Ira Smith Trustee & Receiver Inc., a licensed insolvency trustee firm serving the Greater Toronto Area. With decades of experience helping Canadians and businesses resolve serious debt problems, Brandon specializes in providing practical solutions for tax debt, consumer debt, and business insolvency matters. Ira Smith Trustee & Receiver Inc. is licensed and regulated by the Office of the Superintendent of Bankruptcy Canada.

The information provided in this blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc., and any contributors do not assume any liability for any loss or damage.

Canadian business owner receiving CRA tax help from a Licensed Insolvency Trustee, showing a transformation from tax debt stress to financial relief
CRA tax help
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WHAT IS THE POWERFUL CRA LIEN ON PROPERTY TOOL?

cra lien on property
cra lien on property

We hope that you and your family are safe, healthy and secure during this COVID-19 pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

If you would prefer to listen to the audio version of this CRA lien on property Brandon Blog, please scroll to the very bottom of this page and click play on the podcast.

CRA lien on property: Canada Revenue Agency’s collection powers

The CRA (formerly known as Revenue Canada) assigns “collection officers” to taxpayers who fail to make timely payments or who do not pay in full. For the CRA to agree to a payment arrangement (usually monthly payments), the taxpayer must provide financial disclosure on a monthly basis (details of their expenses, their income, and their assets).

Tax debts that cannot be settled through a payment plan may be registered in Federal Court. Once the debt is certified, the certificate is equivalent to a judgment entered in court. This is called a memorial. If you own property, the CRA can create a lien on your property based on your judgment. A CRA lien on property against your interest in your home is the most common CRA lien on property they register.

This Brandon Blog discusses a recent decision from the British Columbia Supreme Court that confirms that the CRA lien on property becomes secured once they are registered.

What is a Super Priority Lien?

A super priority lien is a powerful legal tool that gives the Canada Revenue Agency (CRA) first claim on a debtor’s assets when taxes aren’t paid. This type of lien takes priority over almost all other creditors, including banks and mortgage companies. The super priority lien applies specifically to unpaid source deductions (payroll taxes) and GST/HST taxes.

How Super Priority Liens Work

When a business fails to pay certain taxes, the CRA automatically gets a super priority lien on the company’s assets. This happens because of something called a “deemed trust” in Canadian tax law. Here’s what this means:

The government considers payroll taxes and GST/HST as money held in trust for them. Even if a business owner spends this money on other things, the law still treats it as government property. This creates the super priority lien without any paperwork or registration.

Key Features of Super Priority Liens

Automatic Creation: Unlike other liens, a super priority lien doesn’t need to be registered or filed. It exists automatically when taxes aren’t paid.

Higher Priority: The super priority lien beats almost all other claims on assets, including mortgages and other secured loans.

Specific Tax Types: This special lien only applies to source deductions (like income tax, CPP, and EI taken from employee paychecks) and GST/HST taxes.

Why Super Priority Liens Matter for Lenders

Commercial lenders face real risks from super priority liens. When a business owes these special taxes, the CRA’s claim comes before the lender’s mortgage or loan. This means:

  • Lenders might not get paid back if the business fails
  • The super priority lien can exceed the property’s value
  • Even after a mortgage is paid off, the lender could still be responsible for the borrower’s tax debt

Protecting Against Super Priority Lien Risks

Smart lenders use several strategies to protect themselves:

Thorough Due Diligence: Check if the borrower owes source deductions or GST/HST before lending money.

Legal Review: Have a qualified tax lawyer review the loan documents and borrower’s tax situation.

Title Insurance: Buy title insurance with special endorsements that cover super priority lien risks.

Extended Coverage: Some insurance companies offer protection that continues even after the mortgage is paid off.

Limited Exceptions to Super Priority Liens

While super priority liens are very powerful, some exceptions exist. Certain types of security interests may have priority in specific situations. However, these exceptions are rare and very narrow. Most creditors, including mortgage lenders, will find their claims come after the CRA’s super priority lien.

The Bottom Line on Super Priority Liens

Super priority liens represent one of the strongest collection tools available to the Canadian government. For businesses, this means payroll taxes and GST/HST must be paid on time. For lenders, it means careful planning and proper insurance are essential to avoid significant losses.

Understanding how super priority liens work helps both borrowers and lenders make better financial decisions and avoid costly surprises, as we will see immediately below.

CRA lien on property: CRA Super Priority Liens

I previously wrote a Brandon Blog about the legal case of Canada v. Toronto-Dominion Bank. By mentioning this case, I hope that my comments about the recent British Columbia Court decision below will be clearer.

Federal statutes give CRA a creditor powerful tools to collect debts. They can access avenues of collection significantly quicker than other types of creditors. It was not known to Toronto-Dominion Bank (TD) that, as a sole proprietor operating a landscaping business, the borrower had collected GST in the amount of $67,854.

After selling his home, the borrower fully paid off his first mortgage with TD. TD did not lend to or deal with the proprietor’s business. Since there was no CRA lien on property against the house, TD was not aware of the outstanding GST.

The CRA has enhanced security, known as “super-priority”, over most of a tax debtor‘s real property and personal assets, by virtue of deemed trust provisions in the Income Tax Act and Excise Tax Act (ETA). CRA has priority over substantially all secured creditors under the deemed trust concept, which means that the proceeds of the sale from the property subject to the deemed trust will go to CRA. A deemed trust claim is a CRA lien on property and is obtained without any registration.

A demand letter was subsequently sent to TD demanding that a portion of the proceeds be used to satisfy the GST debt. TD refused to pay since they believed their mortgage security ranked higher than CRA’s claim for unremitted GST. Court action was taken against TD by the CRA. The Crown argued that under section 222 of the ETA, the proceeds received by TD on the repayment of the mortgage and line of credit were subject to a deemed trust in favour of the Crown.

The Federal Court held that TD had an obligation to reimburse the CRA for the debt of $67,544, plus interest, owing by the Borrower to the CRA. Super-priority interests can be enforced by the CRA without notifying the secured creditor. TD was responsible for repaying CRA amounts received from a borrower with an outstanding GST/HST bill.

cra lien on property
cra lien on property

FCA confirms CRA super-priority over secured creditors on a GST/HST debtors’ property

TD appealed the decision of the Federal Court to the Federal Court of Appeal (FCA). According to the FCA ruling in Toronto-Dominion Bank v Canada, the FCA agreed with the lower Court that TD must pay the CRA proceeds of $67,854 for unremitted GST that it received from a borrower upon the discharge of its mortgage. CRA is considered to hold in trust amounts paid to a secured creditor from a debtor who owes Goods and Services Tax/Harmonized Sales Tax (GST/HST) liabilities.

FCA affirmed the Federal Court’s finding that no triggering event was required and that the deemed trust operates continuously once GST is collected but not remitted. Further, the FCA noted that case law has distinguished between secured creditors and bona fide purchasers of value, such that the two categories are mutually exclusive.

It is best for secured creditors to review their current risk management practices and revise them both at the time of due diligence when vetting new borrowers as well as throughout the term of any secured credit agreement.

If we were talking about unremitted employee source deductions, the result would be the same.

CRA lien on property: Personal income tax debt collection

CRA is a powerful creditor when it comes to personal income tax debt collection. Above I discussed how they can get a CRA lien on property just by way of the statute for unremitted source deductions or unremitted GST/HST. But what about personal income taxes? CRA does not have an automatic lien for unpaid income taxes.

However, they can go to Federal Court and obtain a memorial and then register that CRA lien on property of the tax debtor who fell behind in their payment of taxes. Once they place that lien, they now turned their unsecured claim for unpaid taxes into a secured claim. As I already mentioned, the most common type of property they register against is real property, like the tax debtor‘s home.

If the CRA lien on property goes on the real property before the person who owes unpaid income taxes files either a consumer proposal or bankruptcy, then the CRA lien on property stays on. CRA will not try to go power of sale or foreclosure to throw the taxpayer out of their home based on this tax lien. Rather, they will just wait until the taxpayer either sells the home or tries to renew or refinance a mortgage.

In the case of a sale, they will get their tax lien paid out of the sale proceeds. In the case of a mortgage renewal or refinancing, mortgage lenders will not do a new mortgage loan or a refinancing with the CRA lien on property. This is how they get their money.

Keep in mind that the lien is only against the taxpayer’s interest in the home. So if the tax debtor is the sole owner, it is against 100% of the home. If the taxpayer owns the home jointly with say, a spouse, then the lien is only against the 50% interest.

cra lien on property
cra lien on property

CRA lien on property: Can Canada Revenue Agency put a lien on my house?

You should now know that the answer to this question is yes. Licensed insolvency trustees know this. Nevertheless, in the British Columbia case I will describe now, the Trustee tried a novel, but an unsuccessful, approach to try to knock out CRA’s lien on property secured claim to collect taxes owed by the tax debtor. I am referring to Gidda (Re), 2021 BCSC 1460 (CanLII).

The licensed insolvency trustee appealed the decision of the Master as Bankruptcy Registrar dated February 3, 2020, reversing the Trustee’s rejection of a secured proof of claim filed by the federal Crown on behalf of the CRA in the bankruptcy. As well, the Trustee appealed the Master’s ruling that he is personally liable for the costs of the proceeding.

The CRA has taken out a memorial to attach a lien in favour of CRA to the taxpayer’s home due to unpaid income taxes. Then he filed for bankruptcy. So the lien against property holds as it came before the bankruptcy. A secured proof of claim for unpaid income tax was filed by the CRA in response to the memorial and registered tax lien. A secured claim was granted to CRA, which was not directly contested by the Trustee.

In my opinion, this claim, however, was handled by the Trustee in a novel way that wasn’t sustainable. It was so novel that the Judge took judicial notice of the submissions that such a case was never litigated before in Canada. There were also a number of judgments against the title of the property in addition to the memorial. There was no priority among the other judgments.

According to section 70(1) of the Bankruptcy and Insolvency Act (Canada) (BIA), bankruptcy takes precedence over judgments, garnishments, and any collection action. Furthermore, no judgment takes precedence over another.

A memorial is a judgment of the Federal Court, and since all judgments are treated equally as unsecured creditors, the Trustee disallowed CRA’s secured claim. Because the memorial and its registration against the title are secured claims under other federal statutes, it has powers not given to other simple money judgments. Therefore, I believe it is a losing argument. So did the Master.

In addition, the Master believed that the Trustee ought to have been aware of this when disallowing CRA’s secured claim and causing it to appeal the Trustee’s decision. Therefore, the Master awarded the Crown costs to be paid by the Trustee personally.

On both counts, the Trustee appealed the Master’s decision. The Judge who reviewed this found that the Master was correct in upholding the CRA secured claim and dismissed this portion of the Trustee’s appeal. The Judge did, however, let the Trustee off the hook by allowing the costs portion of the appeal. According to the Judge, the costs awarded by the Master will be paid by the bankruptcy estate and not by the Trustee personally.

CRA lien on property: Say goodbye to debt stress

I hope that you found this CRA lien on property Brandon Blog informative. Unpaid taxes and a heavy debt load do not mix well. If you have too much debt, you are considered insolvent. There are several insolvency processes available to you. It may not be necessary for you to file for bankruptcy.

If you are concerned because you or your business are dealing with substantial debt challenges, you need debt help and you assume bankruptcy is your only option, call me.

It is not your fault that you remain in this way. You have actually been only shown the old ways to try to deal with financial issues. These old ways do not work anymore.

The Ira Smith Team utilizes new modern-day ways to get you out of your debt difficulties with debt relief options as an alternative to bankruptcy. We can get you the relief you need and so deserve. Our professional advice will create for you a personalized debt-free plan for you or your company during our no-cost initial consultation.

The tension put upon you is big. We know your discomfort factors. We will check out your entire situation and design a new approach that is as unique as you and your problems; financial and emotional. We will take the weight off of your shoulders and blow away the dark cloud hanging over you. We will design a debt settlement strategy for you. We know that we can help you now.

We understand that people with credit cards maxed out and businesses facing financial issues need a realistic lifeline. There is no “one solution fits all” method with the Ira Smith Team. Not everyone has to file bankruptcy in Canada. The majority of our clients never do as we know the alternatives to bankruptcy. We help many people and companies stay clear of filing an assignment in bankruptcy.

That is why we can establish a new restructuring procedure for paying down debt that will be built just for you. It will be as one-of-a-kind as the economic issues and discomfort you are encountering. If any one of these seems familiar to you and you are serious about getting the solution you need to become debt-free, contact the Ira Smith Trustee & Receiver Inc. group today.

Call us now for a no-cost consultation.

We hope that you and your family are safe, healthy and secure during this COVID-19 pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

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WHEN ARE TAXES DUE CANADA 2019?: ARE YOU SERIOUSLY CONFUSED?

The Ira Smith Team is operating fully and both Ira, as well as Brandon Smith, are available for a telephone appointment, conference call or online video chat.

Stay healthy and balanced and safe everybody.

Introduction

This is the time of year where you see all the advertisements for income tax preparation services. There are always two parts to every income tax season: 1. preparing and filing your income tax return, and 2. getting your refund or paying what you owe. I have in the last couple of weeks received several phone calls from people asking when are taxes due Canada 2019? People seem to be confused.

So, in today’s Brandon’s Blog, I discuss when personal and corporate income taxes are due for both filing and payment. I also discuss what happens if you owe money and cannot pay and if CRA payment arrangements are possible.

“One thing is clear: The Founding Fathers never intended a nation where citizens would pay nearly half of everything they earn to the government.”
― Ron Paul

When are taxes due Canada 2019 for Canadians?

This year, due to COVID-19, Canadians are allowed to file taxes later.

When can I file my taxes 2019 canada: When are taxes due Canada 2019? The deadline for people to file has been postponed to June 1, 2020. The due date to pay any kind of amounts owing has been extended to September 1, 2020. This includes the June 15, 2020, instalment payment for those who have to pay by instalments.

CRA self-employed income tax deadline: For individuals carrying on a business either as a sole proprietor or an unincorporated partnership in 2019, when are taxes due Canada 2019? Your return for 2019 needs to be filed on or before June 15, 2020. However, if you have a balance owing for 2019, you need to pay it on or prior to September 1, 2020. The June 15, 2020 instalment payment, for those that need to pay by instalments, is also due September 1.

When are corporate taxes due in Canada: When are taxes due Canada 2019? June 1, 2020, is the filing due date for all corporations that would otherwise have their filing due after March 18 and before June 1, 2020. The payment date for the fiscal tax year is September 1, 2020. This includes balances and instalments under Part 1 of the Canadian Income Tax Act due on or after March 18 and before September 1, 2020.

So when are taxes due Canada 2019 for trusts and charities? I am glad that you asked!

Trusts: When are taxes due Canada 2019? The filing for the current tax year, including the T3 information return, is extended to May 1, 2020. This applies to charities with a tax year-end of December 31, 2019.

The new filing date for all trusts that would otherwise have a filing due in April or May is extended to June 1, 2020.

Payment for the current tax obligation year is now September 1, 2020. This applies to income tax obligation balances and instalments due on or after March 18 and before September 1, 2020.

Charities: When are taxes due Canada 2019? The filing for charities with a Form T3010 due between March 18 and December 31, 2020, is now December 31, 2020. Obviously, registered charities do not need to bother with knowing their payment date, because they do not have one!

when are taxes due Canada 2019
when are taxes due Canada 2019

What about International students?

I have seen a lot of chatter online about international students studying in Canada. This group has a challenging time determining whether they ought to file a Canadian tax return. This is because international students may not owe Canadian taxes or have access to all tax refunds or credits.

International students need to submit a tax return if they owe tax or if they intend to claim a refund or credits.

Considering that Canadian-earned income is constantly taxed in Canada, employment with a Canadian firm is a clear sign that you should submit an income tax return, even as a non-resident. Therefore, international students employed in Canada may find themselves either owing to tax or being able to claim a refund.

Students who have actually established considerable property connections to Canada can be considered residents of Canada. Significant property connections consist of a home, whether owned or rented, Canadian savings account or drivers’ license or living with a spouse or dependents.

Like all other Canadian citizens, international students under this classification are eligible for GST credits, tuition carry-forward credits, and other provincial credits or tuition rebates.

Students who spend less than 183 days (6 months) in Canada, and who do not establish residential ties in Canada, are usually classified as non-residents. Non-residents are not qualified for benefits or credits. They are just required to submit an income tax return to either pay taxes or to receive a refund on earnings from Canadian sources.

CRA payment arrangements

So you will remember I said there are two parts to when are taxes due Canada 2019 season: 1. preparing and filing the return, and 2. paying what you owe. Possibly you owe CRA back taxes and cannot afford to pay 2019 income tax. Regardless of when are taxes due Canada 2019, you have tried very hard to pay, but especially in this COVID-19 coronavirus world, you just won’t have the money.

If this sounds familiar, then one day you can expect to get a call from a CRA collection officer because of when are taxes due Canada 2019. They will listen to your story and suggest that you enter into a payment arrangement with CRA. They will, of course, expect you to pay the most possible. Once you reach an agreement, and you provide post-dated cheques to CRA, then you just need to make sure that each cheque clears on the payment due date.

But what happens if all the post-dated cheques you gave to CRA is only for say, one year’s worth of payments that do not pay off what you owe in total? Or worse, what if one of your cheques does not clear your bank for insufficient funds.

You will then get a call from a collection officer who says what you have done so far is not good enough. They will want details from you about your bank accounts. If it is your proprietorship, partnership or company, CRA will want a copy of your accounts receivable listing and all your bank account information, other than for the account you have given the post-dated cheques on. If you have a job, they already know who you work for.

What do they do with that information? They garnishee your wages and your bank accounts. By doing that, they can shut you or your company down without even having to go to Court. Then you will not be able to buy food, pay your rent or mortgage or run your business.

At that stage, you will have only one choice. That will be to not walk but run, to a licensed insolvency trustee in order to take steps for a formal restructuring of your debt. This will provide you with the time to free up your wages and bank accounts and run your business. That is the only way you will be able to survive.

Summary

I hope that you enjoyed this when are taxes due Canada 2019 Brandon’s Blog.

The Ira Smith Team family hopes that you and your family members are remaining secure, healthy and well-balanced. Our hearts go out to every person that has been affected either via misfortune or inconvenience.

We are all citizens of Canada and we need to coordinate our initiatives to stop the spread of the coronavirus. Social distancing and self-quarantining are sacrifices that are not optional. Families are literally separated from each other. We look forward to the time when life can return to something near to typical and we can all be together once again.

Ira Smith Trustee & Receiver Inc. has constantly used clean, safe and secure ways in our professional firm and we continue to do so.

I hope that you got some useful information from this when are taxes due Canada 2019 Brandon’s Blog. Revenue and cash flow shortages are critical issues facing entrepreneurs and their companies and businesses.

If anyone needs our assistance, or you just need some answers for questions that are bothering you, feel confident that Ira or Brandon can still assist you. Telephone consultations and/or virtual conferences are readily available for anyone feeling the need to discuss their personal or company situation.

Are you now worried just how you or your business are going to survive? Those concerns are obviously on your mind. This pandemic situation has made everyone scared.

The Ira Smith Team understands these concerns. More significantly, we know the requirements of the business owner or the individual that has way too much financial debt. You are trying to manage these difficult financial problems and you are understandably anxious.

It is not your fault you can’t fix this problem on your own. The pandemic has thrown everyone a curveball. We have not been trained to deal with this. You have only been taught the old ways. The old ways do not work anymore. The Ira Smith Team makes use of new contemporary ways to get you out of your debt problems while avoiding bankruptcy. We can get you debt relief now.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

We understand that people facing money problems require a lifeline. That is why we can establish a restructuring procedure for you and end the discomfort you feel.

Call us now for a no-cost consultation. We will listen to the unique issues facing you and provide you with practical and actionable ideas you can implement right away to end the pain points in your life, Starting Over, Starting Now.

The Ira Smith Team is absolutely operational and both Ira, as well as Brandon Smith, are right here for a telephone appointment, conference calls and also virtual meetings.

Stay healthy and safe everybody.

when are taxes due Canada 2019
when are taxes due Canada 2019
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