Author: Alex Klyguine

When the Canada Revenue Agency (“CRA”) issues a tax assessment, it cannot immediately garnish wages, seize assets, or sue for payment. First comes a legally protected “grace period.” The date on which that protection ends – and the CRA gains the right to enforce the debt – is called the Collection Commencement Day. Knowing how this date is calculated, and what happens afterward, is essential for any taxpayer facing a balance owing.

Importantly, the Collection Commencement Day does not apply to source deduction debt or GST/HST debt. For these types of tax debts, the CRA can commence collection action immediately after a tax assessment is issued and a Notice of Objection does not stop the CRA’s ability to take collection action.

What Is the Collection Commencement Day?

Under section 225.1 of the Income Tax Act (Canada) (“ITA”), the CRA must wait 90 days after mailing a Notice of Assessment (or reassessment) before it can take collection action. The first day after that 90‑day window is the Collection Commencement Day. Until that day arrives, the CRA cannot legally:

• Garnish wages or bank accounts
• Register liens
• Seize or sell assets
• File a lawsuit to recover the debt
  

The CRA may, however, contact the taxpayer with reminder letters or phone calls and issue “legal warnings.”

Further, the CRA still retains the ability to apply any refunds of tax or tax credits it owes to the taxpayer to any tax arrears owed by the taxpayer. This is also true even if the taxpayer filed a Notice of Objection. However, the taxpayer has the ability to request a refund of tax paid that is under appeal under subsection 164(1.1) of the ITA.

CRA Collection Timeline: From Assessment to Enforcement

Timeline step	Typical duration	Key facts
Notice of Assessment issued	Day 0	Sets out the amount the CRA believes the taxpayer owes.
Grace period	Days 1 – 90	The taxpayer may pay the balance or file a Notice of Objection. The CRA cannot begin legal collection during this timeframe.
Collection Commencement Day	Day 91	CRA’s legal right to enforce the debt begins.
Post‑commencement enforcement	Day 91 onward	CRA may garnish, lien, or seize assets. Speed and severity typically depend on the taxpayer’s risk profile.

Exception: If you file a timely Notice of Objection, the CRA cannot collect the disputed amount until the objection (and any subsequent appeal) is resolved. .

CRA Powers After Collection Commencement Day

Once the grace period ends, the CRA can escalate its efforts. Typical enforcement actions include:

1. Final demand letters and phone calls
   
2. Garnishment orders on wages, contractor payments, or bank accounts
   
3. Liens (certificates) registered against real property or other assets
   
4. Seizure and sale of assets such as vehicles or real estate
   
5. Offsets – applying GST/HST or income‑tax refunds against the debt

The CRA uses a risk‑based approach: larger balances, repeat non‑compliance, or signs of imminent dissipation of assets can trigger faster, more aggressive action.

Taxpayer Obligations: Interest and Payment

• Interest: Unpaid balances accrue compound daily interest starting the day after the original payment‑due date – not the Collection Commencement Day. Interest continues to run even while an objection is in progress.
  
• Payment or arrangement: On Collection Commencement Day, the entire balance becomes immediately collectible. The taxpayer must either pay in full or negotiate a payment arrangement to avoid enforcement.

Strategies to Manage or Resolve CRA Collections

• Communicate and Arrange Payment: Maintain open dialogue with the CRA and propose a realistic payment plan before enforcement begins.
  
• File an Objection or Appeal: If the taxpayer believes the assessment is incorrect, the taxpayer can submit a Notice of Objection within 90 days to suspend collection on the disputed amount. The taxpayer has 1 year after the expiration of 90 days to file an Application for an Extension of Time to file a Notice of Objection.
  
• Request Taxpayer Relief: The taxpayer can apply for cancellation or waiver of interest and penalties if extraordinary circumstances (e.g., serious illness, natural disaster, CRA delay) prevented timely compliance.
  
• Consult a Tax Professional: Engage a tax lawyer to negotiate with the CRA, structure payment terms, or represent you in a dispute.

Act Early and Seek Professional Help

Collection Commencement Day is the line between administrative notices and legally enforceable action. Waiting until garnishments or liens begin makes resolution harder and costlier. By acting within the 90‑day grace period – whether by paying, disputing, or arranging terms – you can mitigate aggressive CRA measures and potentially minimize mounting interest and penalties. When in doubt, consult a qualified tax professional to protect your finances and peace of mind. Our Toronto and Ottawa tax lawyers are always available to help.

We appreciate the contribution of Sreyoshi Monoj in the development of this article.

Filing income tax returns late may result in penalties and interest from the Canada Revenue Agency (CRA). This guide covers CRA late-filing penalties, including the penalty and interest rate, consequences for late tax filers, repeat offences, and penalty relief. 

Deadline for Filing Tax Returns and Extension

Most individuals are required to file their tax returns by April 30. Self-employed taxpayers have until June 15 to file their returns, but any balance owing is still due by April 30. If a tax deadline falls on a weekend or holiday, a return will be considered on time as long as the CRA receives it or it is postmarked by the next business day.

CRA Late-Filing Penalty and Interest Rates

The CRA may charge taxpayers a late-filing penalty if:

• the taxpayer files their return past the deadline and has taxes owing.
• the taxpayer fails to report an amount on their tax return.
• the taxpayer makes a false statement or omission on their return, either knowingly or as a result of gross negligence.

The penalty is 5% of the unpaid taxes for that year, plus an additional 1% for each full month the return is filed after the due date, up to a maximum of 12 months. Additionally, the CRA charges compound daily interest starting from the day after the payment due date. The interest rate is subject to change every three months, based on the prescribed rates set by the CRA.

Impact of Late-Filings on Tax Refunds

Filing late can delay a taxpayer’s refund and benefit payments (such as the Canada Child Benefit and GST/HST credits), as the CRA may withhold these payments until all overdue returns are filed. 

Penalties for Repeat Late Tax Filers

The CRA’s approach to habitual non-compliance is strict. If a taxpayer was already charged a late-filing penalty in any of the three previous tax years and then files late again after the CRA issues a formal demand to file, they will face a repeat late-filing penalty. In such cases, the penalty increases to 10% of the balance owing, plus an additional 2% for each full month the return remains outstanding, up to a maximum of 20 months.

The CRA closely monitors each taxpayer’s filing compliance history. If a taxpayer continuously fails to file despite the CRA’s efforts, it can lead to prosecution and other legal action.

It is essential to keep track of tax filing deadlines, since filing a return on time helps a taxpayer to avoid late-filing penalties.The CRA will charge interest on any unpaid amount, but it will not apply a late-filing penalty as long as the return is filed on time, even if payment is delayed.

Below are some strategies to help taxpayers file their tax return on time:

• Mark key tax deadlines on the calendar.
• Gather necessary documents early.
• File the tax return on time even if the full balance cannot be paid by the deadline.
• Seek professional advice for complicated tax situations.

Penalty Relief for Late and Repeat Filings

The CRA may cancel or waive penalties and interest if a taxpayer was unable to meet their tax obligations due to circumstances beyond their control (for example, a natural disaster or severe financial hardship). Relief is not guaranteed. The CRA will consider several factors, including the taxpayer’s past compliance history, whether the taxpayer knowingly allowed a tax balance to accumulate, whether reasonable care was taken to meet obligations, and how promptly the issue was addressed once it came to light. Any request for relief must be made within 10 years from the end of the relevant tax year. Taxpayers are generally responsible for the actions of their representatives, though in some cases the CRA may grant relief for certain third-party errors or delays.

Other ways to reduce penalties include filing a formal objection, making a voluntary disclosure, amending a return, or submitting a late or revised election.

Large penalties can be overwhelming for taxpayers. Contact Taxpayer Law for expert legal guidance on how to navigate late-filing penalty issues.

We appreciate the contribution of Sreyoshi Monoj in the development of this article.

This article explains the normal reassessment period found in section 154 of the Income Tax Act (Canada) (“ITA”), its timelines, key exceptions, and rights of a taxpayer disputing a reassessment.

CRA Normal Reassessment Period

The Minister of National Revenue (the “Minister”) can reassess a tax return as of right within the normal reassessment period to adjust income, deductions, or tax payable. For individuals (T1 returns) and Canadian-controlled private corporations (CCPCs), this period is three years from the date of the initial Notice of Assessment. For non-CCPCs, it is four years from the original assessment date.

The CRA starts the calculation from the date on the Notice of Assessment. Once the limitation period lapses, the tax year becomes statute-barred, meaning the Minister cannot issue a reassessment unless the Minister shows that the taxpayer made a misrepresentation attributable to carelessness, neglect, or wilful default pursuant to subsection 152(4) of the Income Tax Act (Canada) (“ITA”).

Exceptions to the Normal Reassessment Period

The Minister can generally reassess beyond the normal reassessment period if it can be shown that the taxpayer made a misrepresentation attributable to carelessness, neglect, or wilful default. The Minister can also reassess beyond the normal reassessment period if a taxpayer signs a  waiver of the normal reassessment period. This waiver allows the CRA to extend the reassessment period until the waiver is revoked.

CRA Audit Timelines

During an audit, the CRA reviews the taxpayer’s books and records to check whether the taxpayer has met its obligations. The duration of the audit varies based on the audit scope, quality of the taxpayer’s records, and CRA/taxpayer delays.

Tax Return Reassessment Rights

Upon receiving a reassessment, a taxpayer may dispute it by filing a Notice of Objection, generally due 90 days after the reassessment date. In limited circumstances, this deadline can be extended by up to one year.

Once a Notice of Objection is submitted, the CRA will review the taxpayer’s objection and may confirm, vary, or vacate the assessment. If the taxpayer disagrees with the CRA’s decision, the taxpayer can appeal to the Tax Court of Canada.

Conclusion – Get Advice

Understanding the reassessment period and ways that it can be extended allows a taxpayer to make informed decisions during a CRA audit or appeal. If you are facing a reassessment, speak with an experienced tax professional. Taxpayer Law specializes in resolving tax disputes. Let our experts help protect your rights.

We appreciate the contribution of Gurleen Ghotra in the development of this article.