Author: Benjamin Isaak

The Canada Emergency Wage Subsidy (CEWS) and Canada Emergency Rent Subsidy (CERS) were lifelines for businesses during the COVID-19 pandemic. CEWS alone paid out about $100 billion to help employers cover wages. Now that the crisis has passed, the Canada Revenue Agency (CRA) is auditing those subsidy claims to ensure they were properly claimed. In many cases, these audits are leading to disputes with CRA auditors and appeals officers, and increasingly, in appeals to the Tax Court of Canada (TCC). This article explores the emerging trends as CEWS/CERS audits progress from initial CRA review to formal litigation, and what business owners should know if they find themselves in this situation.

CRA Crackdown: CEWS/CERS Audits by the Numbers

The CRA has undertaken extensive post-payment audits of CEWS and CERS claims to catch any overpayments or ineligible claims. The scale is massive: as of mid-2025, the CRA has reviewed over $18 billion worth of CEWS claims through nearly 53,000 verifications (audits and reviews), resulting in about $1.1 billion of CEWS distributed being denied. In other words, approximately 6% of the audited subsidy dollars were disallowed, while 94% of audited amounts were confirmed as compliant. This suggests that most businesses followed the rules, but the CRA still identified significant non-compliance in a subset of cases.

Why CEWS/CERS Claims Get Disputed

Most CEWS/CERS recipients were legitimate, but common issues have emerged in those cases where the CRA found discrepancies. Understanding these issues can help business owners anticipate and address potential disputes:

• Eligibility Criteria Misunderstandings: To qualify for CEWS or CERS, businesses had to demonstrate a certain percentage drop in revenue for specific periods. Some disputes arise because the CRA determined a company did not meet the revenue decline threshold, even if the business believed it did. For example, the Auditor General identified thousands of companies whose tax filings didn’t show the required drop in revenue. This has led the CRA to deny those claims on eligibility grounds.
• Calculation Errors: The CEWS formula and CERS calculations were complex. It’s no surprise that simple errors in spreadsheets or misunderstanding the rules caused many claims to be overstated. In fact, the CRA noted that a majority of adjustments were due to miscalculations or documentation gaps, not willful cheating. For instance, a business might have miscalculated its wage subsidy amount or included ineligible employees by mistake. These errors often result in partial reductions of the claim.
• Insufficient Documentation: During audits, the CRA requires proof of revenue declines and other eligibility factors. If a business cannot provide adequate documentation(e.g. sales records, receipts, or attestations) to back up its claim, the auditor may deny the subsidy. Some claims were denied in full simply because the claimant failed to respond or submit the needed records. .
• Third-Party Preparers & Fraudulent Claims: A big red flag has been claims prepared by certain third-party consultants. The CRA found that many of these preparer-linked claims were inflated or outright ineligible. In these situations, businesses may have been intentionally misled by bad advice, or in worst cases, colluded in making false claims. The fallout is severe – high denial rates, stiff penalties, and even potential legal consequences. If your CEWS/CERS application was handled by an external advisor who “guaranteed” you’d qualify, expect intense scrutiny.
• Retroactive Rule Changes: The subsidy programs evolved over time. Occasionally, businesses argue that shifting guidance or rule changes confused their compliance. While this isn’t a defense for non-compliance, it can be a point of contention in disputes (for example, debates about how certain revenues are defined or which accounting method to use for the revenue drop test).

In summary, disputes typically center on whether the business truly met the qualification criteria and calculated the subsidy correctly. The CRA’s audit findings show that while outright abuse was not rampant, it certainly existed – and even honest mistakes can lead to a reassessment. If the CRA believes you weren’t entitled to what you claimed, you’ll get areassessment denying the subsidy (or part of it), which you then have the right to object to.

From Audit to Objection: The Path to Dispute a CEWS/CERS Reassessment

What do you do if a CRA audit says you owe money? The process for disputing a CEWS or CERS assessment is much like any tax dispute. It starts with the audit but can progress through several stages:

1. Audit Proposal: After reviewing your records, the CRA auditor may issue a proposal letter outlining any adjustments. For example, they may propose to reduce your CEWS claim because they think you didn’t experience a large enough revenue drop  or disallow certain rent expenses for CERS. It’s critical to respond to this proposal letter with any additional evidence or arguments. This is your first chance to resolve the issue before it becomes final.
2. Reassessment Issued: If the audit concludes with changes, the CRA will send a Notice of Redetermination/Reassessment for the applicable CEWS/CERS period, effectively clawing back the subsidy. If you are assessed penalties, you’ll also receive a Notice of Reassessment for the income tax year in which you received the CEWS/CERS subsidies. Don’t panic. A reassessment is not the end of the road. At this point, you have 90 days to file a formal dispute called a Notice of Objection.
3. Notice of Objection (Appeal to CRA): Filing a Notice of Objection is the next step to challenge the CRA’s decision. This is a written submission where you explain why you disagree with the reassessment and provide supporting documentation. The objection triggers a review by the CRA’s independent Appeals Division – a different team that was not involved in the audit. Submitting a strong, clear objection is crucial; it preserves your legal rights and lays out your case for why the subsidy was validly claimed. If an objection is not filed within 90 days of the date of the reassessment, you must file an extension request to object within 1 year.
4. CRA Appeals Stage: Once your objection  has been received, a CRA Appeals Officer will review all the facts. This is a chance for an impartial second look. The Appeals Officer may contact you (or your representative) to discuss the case or request further info. Be cooperative and responsive – sometimes issues can be resolved at this stage through negotiation or by providing a clarification the auditor missed. In fact, a good number of tax disputes settle at the objection stage with some compromise or a full reversal by CRA Appeals. Statistics show about 65% of objections in Canada result in some change in the taxpayer’s favor (taxpayer.law). You might receive a new adjusted Notice of Reassessment/Redetermination if they partly or fully agree, or a Notice of Confirmation if they stick to denying your claim. At this point, you have 90 days to file a Notice of Appeal to bring your matter before the Tax Court of Canada.
5. Appeal to the Tax Court of Canada: If the CRA Appeals Division also denies your CEWS/CERS claim (in full or part) and you still believe they’re wrong, the final step is to take the matter to court. You can file an appeal in the Tax Court of Canada. This moves the dispute into the judicial system, where an independent Tax Court judge will hear evidence and arguments from both sides. Going to Tax Court is a significant step  and it usually means the amounts at stake are large or the principles are important. The Tax Court process can be legalistic, so most businesses will hire a tax litigation lawyer at this stage (if they haven’t already) to navigate the formalities. The court will schedule hearings, and eventually a judge will render a binding decision.

Throughout this journey from audit to objection to court, deadlines and procedure are critical. Missing the objection deadline or Tax Court filing deadline can forfeit your rights, so it is essential to act promptly if you intend to dispute. And at each stage, well-crafted arguments and detailed documentation can persuade the authorities to decide in your favor. Our firm’s experience is that early professional guidance – even during the audit – can often resolve issues before they escalate. For instance, involving a tax lawyer to communicate with the auditor or draft the objection can set the narrative straight from the start.

Litigation Trends: CEWS/CERS Disputes in the Courts

As the first wave of CEWS and CERS audits wraps up, we’re now seeing an uptick in litigationrelated to these programs. Business owners who firmly disagree with the CRA’s reassessments are increasingly taking their fights to Tax Court. Here are some notable trends and developments as these disputes advance toward the courts:

• Tax Court is the Main Arena: One important clarification that has emerged is which court has jurisdiction over CEWS/CERS disputes. Initially, a few frustrated claimants tried to challenge CRA’s refusal of subsidies through the Federal Court via judicial review. However, the Federal Court of Appeal ruled that subsidy eligibility disputes must go through the Tax Court, not Federal Court (Iris Technologies Inc.). In this 2021 case, the Court struck down a judicial review, stating that if the CRA denies a CEWS claim because it deems the business ineligible, that decision is essentially like any tax assessment and should be appealed to the Tax Court. The only time the Federal Court would be involved is if the CRA agreed you were eligible but then exercised discretion not to pay (for instance, overpayment refund issues), which is rare in CEWS/CERS. This means anyone disputing a subsidy denial should be prepared to follow the normal tax appeal route to Tax Court. The Supreme Court of Canada has since confirmed this division of jurisdiction, bringing clarity – you cannot sidestep the Tax Court for these matters.
• Key Issues Being Litigated: The cases reaching court tend to involve interpretational gray areas or significant sums. For example, debates over the interpretation of the “revenue drop” calculations, the inclusion or exclusion of certain revenues, affiliation rules (some companies restructured to qualify and the CRA challenged their eligibilty), and whether the CRA’s audit methodology was fair. Since CEWS and CERS were rolled out quickly, there are novel legal questions to settle. Courts may have to decide how certain provisions in the law are to be interpreted. Early court decisions have generally upheld the strict letter of the law – if a business didn’t technically meet the criteria, relief is unlikely – but each case’s facts matter.
• Penalties and Allegations of Misconduct: Another trend is the implementation of penalties against taxpayers who are denied CEWS/CERS. The CRA not only demands repayment of subsidies but also, in cases of gross negligence or deliberate misrepresentation, hits businesses with penalties. Some companies are challenging these penalties in Court, arguing they acted in good faith or relied on professional advice. The outcome of these penalty disputes will set the tone for how harshly mistakes in subsidy claims are treated under the law. On the extreme end, a few cases flagged for fraud (tax evasion) could even lead to criminal trials, but those are separate from the Tax Court’s civil process.
• Backlog and Resolution Pace: It’s worth noting that the tax litigation process can be slow. The surge of CEWS/CERS objections has added to the CRA Appeals workload, and any cases that do proceed to Tax Court might take a year or more to be heard (especially if the courts are dealing with the backlog of cases that were put on hold during the pandemic). That said, the mere act of filing a Tax Court appeal sometimes prompts a settlement – the Department of Justice (which represents CRA in court) might negotiate a compromise rather than litigate a borderline case. Early trends indicate that many disputes are settling before trial, as neither side wants protracted litigation over pandemic relief funds if it can be avoided.

In summary, the emerging litigation trend is that CEWS and CERS disputes are moving through the established tax dispute system, and courts are now beginning to shape the jurisprudence. The CRA’s aggressive audit stance (particularly on suspect claims) has led to a wave of objections, and a portion of those are now proceedingto the Tax Court for resolution. Business owners should watch these developments – as cases get decided, we’ll have clearer guidance on the gray areas of the subsidy rules.

Preparing for a CEWS/CERS Dispute: What Should Businesses Do?

If your business is facing a CEWS or CERS audit, or you’ve already been reassessed and asked to repay subsidies, there are concrete steps to protect yourself. Preparation and expert guidance are key, given the high stakes. Here are some tips:

• Get Professional Advice Early: Don’t wait until you’re in court to contact a tax dispute lawyer. Engaging an expert during the audit or objection stage can drastically improve your chances of a favorable outcome.
• Organize Your Documentation: Treat a subsidy audit like a serious financial review – you’ll need to assemble all relevant records. This includes sales ledgers, financial statements, bank records, invoices for rent and leases (for CERS), employee payroll records and sales invoices (for CEWS), and any correspondence or calculators used when applying. The more organized and complete your documentation, the easier it is to demonstrate that your claim was correct. If you find any errors in your original application while reviewing, be upfront about them; honesty can sometimes lead CRA to waive penalties if the mistake was inadvertent.
• Understand the Rules Retroactively: Take the time to re-read the CEWS/CERS eligibility rules as they existed for the periods you claimed. Often disputes boil down to technical definitions – e.g., how to calculate your revenue drop (cash vs. accrual accounting, year-over-year vs. alternate baseline, etc.). By understanding exactly what the law required, you can better argue that you did, in fact, comply (or identify where a misunderstanding happened). The CRA’s administrative guidance and FAQs can be helpful, but remember that in court, the Income Tax Act (Canada) provisions will be the ultimate authority. If something is unclear, that’s where legal arguments about interpretation come in.
• Consider Strategic Concessions: Not every disputed dollar is worth fighting over. If the CRA has solid evidence that, say, one period of your claim was ineligible, it might be wise to concede that point and focus your energy on the periods you have a higher chance of success. Courts appreciate when parties are reasonable.
• Prepare for Litigation (but Use It as Leverage): If you do file an appeal with the Tax Court, start preparing your case early. In litigation, the burden of proof is on the taxpayer to show the CRA is incorrect. However, also recognize that filing an appeal brings the CRA’s lawyers to the table and signals you’re serious. Settlement discussions can occur even after a case is in the court system. Be open to a fair settlement if one is offered; litigation is costly and unpredictable, and considerable money can be saved by accepting a reasonable settlement offer. That said, do not be afraid to see it through if you have a strong case – sometimes a court judgment is needed to resolve a principle or to get a clean win.

Throughout each step, maintain professional correspondence with the CRA. Avoid emotional responses to auditors or officers – stick to facts and law. Every email or letter can become an exhibit in court, so it should reflect well on your position. And importantly, mind the timelines: 90 days to object, 90 days to appeal to the Tax Court after an objection decision, etc. If you’re unsure, consult with your legal advisor so you don’t lose recourse due to a procedural slip.

Turning Challenges into Resolution

Facing a CEWS or CERS dispute can be daunting – after all, these subsidies were supposed to help your business, not lead to a fight with the taxman. The good news is that you do have rights and avenues to contest the CRA’s findings. Many businesses have successfully defended their claims by providing additional context or by pointing out where auditors made a mistake. The process from audit to court is indeed a journey, but it’s one designed to ensure fairness and the rule of law in how these COVID-19 support programs are enforced.

The trend in emerging litigation shows that while the CRA is diligently enforcing compliance, the system also allows taxpayers to push back where they believe the CRA is wrong. From the initial audit proposal to Tax Court, each stage is a chance to resolve the matter. If your business is under the CRA’s microscope for CEWS or CERS, don’t be discouraged.Arm yourself with knowledge and qualified advice.

Our firm specializes in tax dispute resolution across Canada, including CEWS/CERS cases. We’ve helped clients appeal CRA decisions and even litigate when necessary. We understand the nuances of these subsidy programs and the legal arguments that can sway an appeal in your favor.

Feel free to reach out for a consultation.

Canada Emergency Wage Subsidy (CEWS) and Canada Emergency Rent Subsidy (CERS) were lifelines for businesses during the COVID-19 pandemic. Now, the Canada Revenue Agency (CRA) is actively auditing these subsidy claims to claw back funds from ineligible or overstated applications. As of June 30, 2025, the CRA had denied or adjusted about $1.2 billion in CEWS payments after audits, and these post-payment reviews will continue through at least the end of 2025 and likely beyond. In this article, we explain the common red flags that might trigger CRA scrutiny of your CEWS or CERS claims, and how to avoid or address them. Business owners across Canada should be aware of these audit triggers to ensure full compliance and prepare documentation in advance.

Why CRA Audits CEWS and CERS Claims

The sheer scale of the CEWS and CERS programs has prompted intense CRA oversight. The CEWS alone disbursed roughly $100 billion to employers in 2020–2021. The CRA employs a risk-based approach to select files for audit, using data analytics and cross-checks rather than auditing everyone (https://www.canada.ca/en/revenue-agency/programs/about-canada-revenue-agency-cra/compliance/compliance-snapshot-cews-for-businesses/cews-post-payment-audits.html). In initial phases, some claims were randomly sampled to gauge compliance levels, but audits now focus on high-risk indicators learned from those pilot reviews. Even honest businesses may find their claims under review as part of CRA’s effort to validate eligibility and accuracy. However, most employers have tried to follow the rules: over 90% of subsidy amounts reviewed were confirmed as correctly claimed. The CRA’s own reports note that many adjustments result from mistakes or missing paperwork rather than deliberate fraud. Still, certain patterns and inconsistencies are far more likely to raise red flags and lead the CRA to take a closer look.

Common Audit Triggers and Red Flags for CEWS/CERS

The following are some common triggers that can attract CRA scrutiny of your wage or rent subsidy claims. These red flags range from calculation discrepancies to documentation gaps and signs of potential abuse. Understanding them will help you double-check your claims and be prepared if the CRA comes knocking.

1. Revenue Drop Discrepancies or Manipulation

Eligibility for both CEWS and CERS hinged on a significant drop in revenue for each claim period. The CRA is laser-focused on verifying revenue reduction calculations. A major red flag is any discrepancy between the revenue decline you claimed and other filings such as GST/HST returns, income tax returns or financial statements. In fact, the Auditor General found many businesses that received CEWS did not show the required revenue drop in their GST/HST filings. The CRA cross-checks such data, and if your reported sales don’t align with the claimed percentage decline, expect an audit. Roughly 14% of audited claims flagged by the Auditor General had insufficient revenue decline to meet CEWS criteria.

Deliberately artificially reducing your revenue to qualify is especially risky. For example, if a business deferred income or shifted sales between entities just to meet the threshold, the CRA views this as abusive.

2. Claiming Ineligible Employees or Businesses

Another trigger for CRA audits is claiming subsidies for people or entities that do not meet the eligibility criteria. CEWS was intended for eligible employers paying eligible employees, and CERS for eligible businesses with qualifying properties. If a claim included ineligible individuals or businesses, that’s a red flag. Common issues include:

Fictitious or non-existent employees:

The CRA uncovered cases where employers claimed CEWS for employees that didn’t actually work for them (canada.ca). Claiming subsidy for someone not on your legitimate payroll is a surefire trigger for investigation. Similarly, listing employees who had already left or were not receiving wages during the period can result in denial. CEWS rules excluded employees who had not been paid for 14+ days within a claim period, so including such employees improperly can be flagged.

Non-arm’s-length or related employees:

You can claim CEWS for family members or owners on payroll only if they were being paid before the pandemic under certain conditions. Sudden addition of a spouse or child as a salaried employee just to get the subsidy is suspect. Auditors will examine employment contracts, payment proofs, and whether services were actually rendered for family members. Claims for non-arm’s-length employees will be scrutinized to ensure they were genuinely employed and not overpaid solely to maximize CEWS.

Ineligible business entities:

CERS and CEWS each defined which entities qualified (e.g. corporations, partnerships, nonprofits, etc., excluding wholly tax-exempt institutions). If a business did not meet these definitions or was not registered as required (for instance, not having a CRA payroll account or business number by the cutoff date), the claims can be denied.

In summary, integrity of your payroll and business status is critical. The CRA will verify that your business existed and qualified, and that each employee claimed was real, on payroll, and eligible during the claim period. False statements or certifications about eligibility can attract hefty penalties. Always ensure any person or company you included in your subsidy application meets the criteria, and keep documentation (pay stubs, employment agreements, etc.) to prove it.

3. Large or Unusual Claim Amounts and Calculation Errors

Outlier claims – particularly extraordinarily high subsidy claims – tend to trigger a closer look. The CRA’s automated risk assessment flags claims that don’t statistically make sense or appear too generous relative to the business’s profile. For instance, if a small business with modest payroll suddenly claims the maximum wage subsidy for dozens of employees, that discrepancy stands out.

Even honest mistakes in calculations can raise questions. According to CRA data, about 27% of adjustments to CEWS claims were due to calculation errors by applicants. Common errors include misapplying the formula, using the wrong reference periods, or failing to prorate wages correctly. These mistakes can lead to either over-claims (triggering audits to recover excess) or under-claims. The CRA will adjust any incorrect amounts, but an obvious error (especially one that inflated your subsidy) may prompt them to review other periods for systemic issues.

Likewise, unusually high subsidy claims relative to company size or industry can trigger audits. If your claim was at or near the maximum allowed every period, the CRA might verify if you truly had enough eligible expenses or wages to support that. They compare data across businesses – for example, a claim significantly larger than peers in your sector could be flagged for verification. This is similar to how claiming unreasonable expenses on a tax return (like extremely high deductions compared to income) is a known audit red flag. For CEWS/CERS, the agency wants to ensure no one overstated their payroll or rent costs to receive a higher subsidy.

4. Missing or Inadequate Documentation

Failure to provide supporting documents is one of the most common issues that turn a review into an audit. Over 27% of cases where the CRA made adjustments involved a lack of supporting documentation or no response from the claimant. In other words, many businesses got into trouble simply because they couldn’t substantiate their claims when asked.

The CRA may send a request for information or an initial audit contact letter requiring a trove of records – from financial statements and payroll registers to minute books and lease agreements. This can be daunting, but responding adequately and in a timely manner is important to obtaining a favourable outcome. If you ignore CRA correspondence or fail to submit proof, auditors will assume your claim was improper. They can deny the claim by default for lack of evidence. Key documents you should have ready include: proof of revenue drop documents (sales journals, general ledger, bank statements), payroll records (pay stubs, T4 summaries, payroll ledgers), proof of remuneration paid (receipts for wages or rent payments), and any attestations or elections you filed with your application. For CERS, keep proof of revenue drop documents, any attestations or elections filed with you application, and rent or mortgage documents (lease agreements, rent receipts, property tax bills, etc.) to show your claimed property expenses. The CRA explicitly instructs businesses to retain all records supporting their subsidy claims, as they may ask for them at any time.

5. Use of High-Risk Preparers or Aggressive Filing Tactics

Who prepared your claim can also be a factor in CRA’s risk model. The agency is cracking down on third-party preparers (consultants, accountants, or advisers) who promoted overly aggressive or fraudulent subsidy claims. If your applications were filed by someone on the CRA’s radar for questionable practices, your file may be marked for audit even if everything else appears fine.

CRA data shows that among “preparer-linked” claims (cases involving certain flagged advisors), a staggering 94% of audited files resulted in adjustments or denials. Many of these involved small businesses that may have been enticed by unscrupulous tax consultants. The issues uncovered included schemes like claiming fictitious employees, using inactive payroll accounts, or even creating companies purely to claim CEWS. In fact, the majority of CEWS claimants denied by the CRA had used third parties to file their applications, indicating a strong correlation between aggressive preparers and non-compliance. The CRA has identified over 1,700 high-risk claimants tied to such preparers, many of whom also applied for CERS, and these are all under special review.

6. Overlapping or Duplicate Subsidy Claims

The government introduced multiple support programs during COVID-19, and claiming them in combination could trigger audits if not done correctly. The CRA cross-references CEWS and CERS claims with other programs to ensure there’s no double dipping. For instance, some employers also received the 10% Temporary Wage Subsidy or Work-Sharing benefits. If you claimed the 10% wage subsidy, you were required to reduce your CEWS claim by that amount for the same period. Failing to do so (whether accidentally or intentionally) would create an obvious over-claim that flags your file. Similarly, businesses that later transitioned to the Canada Recovery Hiring Program (CRHP) had interactions with CEWS – you couldn’t get both for the same period beyond a certain point. The CRA automatically set CEWS to $0 for periods where CRHP was claimed, when applicable. If someone attempted to circumvent these rules (for example, by trying to claim CERS for a period they were already getting another exclusive benefit), it would prompt a review.

Another overlap issue is affiliated entities splitting claims. The CERS program capped the total rent expenses for affiliated groups, requiring an allocation agreement among affiliates. If two companies in the same group both claimed the maximum CERS for the same location without proper allocation, the CRA will investigate. The CRA  expects you to keep a copy of any agreement on the percentage of subsidy each affiliate would claim  to prove you did not exceed the limits.

Also, claiming rent subsidy for a property that doesn’t qualify (e.g., a home office or personal residence) is a red flag – home offices were explicitly excluded from CERS eligibility. If a business operates from home and tried to claim CERS for home expenses, the CRA will likely deny it and could audit to see if there were other ineligible claims.

How to Protect Yourself and Prepare for Possible Audits

Understanding these red flags is the first step to avoiding problems. Here are some proactive steps for business owners to stay on the right side of a CRA audit:

• Maintain thorough records: As emphasized, keep all supporting documents for revenues, payroll, and rent. The CRA can audit any claim period at their discretion, even months or years later, so retain records for as many years as possible. Good record-keeping alone can significantly reduce audit stress.
• Review your claims for accuracy: It’s not too late to double-check the math and criteria of past claims. If you find an error, consult a professional about correcting it or voluntarily repaying to avoid penalties down the line. Honest mistakes are usually viewed more leniently if corrected proactively, whereas waiting for the CRA to find them could result in penalties.
• Be responsive and cooperative: If the CRA contacts you (by a phone call or an audit letter), respond promptly and professionally. Ignoring a CRA audit letter will not make it go away – it will make matters worse. Even if you need more time, communicate that. The initial audit proposal letter generally gives 30 days to respond, and extensions may be granted if you have a valid reason. Use that time to gather your documentation or seek a tax lawyer’s help, rather than missing deadlines.
• Consult a tax professional: Facing a subsidy audit can be complex, especially if large amounts are at stake. Getting advice from an experienced tax lawyer can help you navigate the process and avoid self-incrimination while still fulfilling your obligations. They can also communicate with the CRA on your behalf, ensuring you provide only the necessary information and nothing that could inadvertently open up unrelated issues. Remember, your goal is to satisfy the auditor’s questions, not to volunteer extra details that might trigger further audits.
• Act ethically going forward: Lastly, the best defense against audits is compliance. Now that you know what triggers scrutiny, be diligent in future filings. For any new government program or tax filing, avoid cutting corners or aggressive moves that could raise eyebrows.

Conclusion

CEWS and CERS audits are a reality that thousands of Canadian businesses are facing as the CRA ensures pandemic aid went to those who truly qualified for it. By being aware of these common CRA audit triggers – from revenue discrepancies and ineligible claims to documentation lapses and risky advisors – you can better assess your own risk and prepare accordingly. Most businesses that played by the rules have little to fear, as the CRA has noted a high rate of compliance overall. But if you do find yourself under the CRA’s microscope, understanding why you might have been flagged will help you respond effectively.

Ultimately, the key is to stay organized, honest, and proactive. If you’re uncertain about your CEWS or CERS claims or have received an audit notice, don’t panic. Our firm has extensive experience guiding business owners through CRA audits and appeals. We can help you address any red flags and ensure your rights are protected throughout the process. Feel free to reach out for a consultation.

The Canada Emergency Wage Subsidy (CEWS) and Canada Emergency Rent Subsidy (CERS) were lifelines for businesses during the COVID-19 pandemic. However, many businesses are now facing CEWS and CERS disputes as the Canada Revenue Agency (CRA) rigorously audits these subsidy claims. This article explains how to navigate a CEWS or CERS audit and dispute – from preparing for a CRA review, to filing objections and resolving issues. Business owners and accountants will find practical strategies to handle audits, challenge CRA decisions, and achieve the best possible resolution. By understanding the process and knowing your rights, you can tackle subsidy-related tax disputes with confidence.

Understanding CEWS and CERS Audits (Post-Pandemic Reality)

In 2020–2021, the federal government paid out massive amounts through CEWS and CERS to help employers survive lockdowns. With the programs now ended, the CRA has shifted focus to auditing CEWS and CERS claims for compliance. In fact, by the end of 2023 the CRA had already denied or adjusted about $458 million in CEWS payments after audits, and this audit initiative will be ongoing through at least 2025. What does this mean for businesses? Essentially, any company that received these subsidies could be selected for a detailed review to ensure they truly met the eligibility rules and calculated their claims correctly.

Why is the CRA auditing? It’s not necessarily that your company did something wrong – the CRA is simply verifying that funds were correctly claimed. As of June 30, 2025, approximately 91% of $19B in CEWS claims that were subject to audit have been approved. An Auditor General report had flagged concerns that some businesses might not have had the required revenue drop to qualify. The CRA’s own findings, however, indicate that most employers were largely compliant and many discrepancies were due to good-faith errors like calculation mistakes or missing documentation rather than intentional ineligibility. Nonetheless, if you claimed CEWS or CERS, you should be prepared for the possibility of an audit.

Preparing for a CEWS/CERS Audit: Documentation and Diligence

Getting the audit notice:

A CRA audit of CEWS or CERS follows the same steps as any other CRA audit. The CRA audit will begin with an official letter or phone call informing you that your CEWS or CERS claims are under review. The CRA’s audit request will likely be very detailed and comprehensive, asking for extensive records to substantiate your eligibility and calculations. For CEWS (wage subsidy) audits, you might need to provide documents like payroll records, employee pay details, revenue ledgers for the relevant periods, proof of your revenue decline (e.g. comparative financial statements, sales reports, and bank statements), and attestation forms regarding your CEWS eligibility. For CERS (rent subsidy) audits, similar information is required, except focused on rent. You may be asked for lease agreements, rent payment receipts, property expense statements, and the attestation forms regarding your rent calculations. The CRA typically gives about 30 days to supply all requested information.

Best practices for audit response:

Start by assembling all relevant documents for each claim period. This includes copies of any elections or forms you filed, financial records, and correspondence related to your applications. Ensure the numbers in your subsidy applications match your accounting records. If anything was calculated using estimates or special accounting methods, be ready to explain that. It’s wise to involve your tax dispute lawyer early – they can help you craft a thorough yet focused response. Remember, you must prove you met the specific eligibility criteria for each period (e.g. demonstrating the required revenue drop for a given month). Provide everything the CRA asks for, but do not volunteer extra information beyond the scope of the request. Unnecessarily broad disclosures could inadvertently trigger audits of other issues. A professional advisor can ensure you strike the right balance in complying with the audit.

Finally, keep communication professional and meet all deadlines. You can request an extension of time from the auditor if truly needed, but these are granted at the auditor’s discretion. Missing the 30-day response window without approval can lead to the CRA making a determination without your input – a situation you want to avoid.

Common Issues That Trigger CEWS/CERS Disputes

Why do some CEWS/CERS claims end up in disputes or get denied after an audit? Understanding common problem areas can help you avoid or address them:

Calculation errors: The subsidy amounts and revenue drop percentages involved complex formulas. A small mistake in computing your revenue decline or eligible wages can lead to an audit adjustment. Indeed, many CRA audit adjustments have been attributed to calculation errors in applications. Double-check all your worksheets and ensure you used the correct baseline periods and rates for each claim period.

Documentation gaps:

Insufficient documentation is another top reason for denied amounts. For CEWS, you must show proof of wages paid and proof of the revenue reduction for the relevant periods. For CERS, you need proof of rent or mortgage interest paid for the relevant periods. If your paperwork is missing or unclear – for example, no clear proof of the required revenue drop, or missing rent receipts – the CRA may deny that portion of the claim. Good record-keeping is your best defense.

Eligibility criteria issues:

Some businesses misunderstood the rules. For instance, CEWS required an actual drop in qualifying revenue by certain percentages; new businesses or those with unusual revenue patterns had special rules. If the CRA believes you didn’t truly meet the criteria for certain periods, they will claw back the subsidy. Likewise for CERS, there were strict conditions (e.g. having a qualifying commercial rent agreement in place before a cutoff date).

Attestation and compliance errors:

Both CEWS and CERS required applicants (or an officer) to attest to the accuracy of their information. If any required attestation form was missing or incorrect, it could cause issues. Additionally, businesses that used third-party advisors to file claims should be aware the CRA found that a large share of non-compliant claims involved third-party preparers, some of whom may have pushed aggressive interpretations and claims of CEWS and CERS. While most accountants and advisors acted responsibly, ensure that if an external consultant helped with your claim, you understand what they submitted. Ultimately, the business is responsible for the claims made on its behalf.

Fraud or misrepresentation:

In a few cases, the CRA has uncovered deliberate abuse – like inventing employees or manipulating revenues. These situations can lead to severe consequences, including penalties or even criminal investigation. The CRA has already referred some egregious cases to its Criminal Investigations Program. If there’s any aspect of your claim that could be viewed as intentionally false, consult a tax lawyer immediately. It’s better to address and correct it through the audit/objection process than to risk a criminal proceeding.

After the Audit: CRA’s Decision and Your Options

When the CRA audit concludes, you will receive the auditor’s decision. This usually comes in a letter enclosing a Notice of (Re)Assessment or Notice of Determination for your CEWS/CERS amounts. There are a few possible outcomes:

• No change: Congratulations – the CRA accepted your documentation and left your subsidy claims intact. In this best-case scenario, the audit is closed with no further action needed.
• Partial denial or adjustment: The CRA might agree with some parts of your claim and disagree with others. For example, they may allow CEWS for some months but deny it for others, or approve your base subsidy but deny the top-up, etc. They will typically reassess the amounts, which could mean you owe back a portion of the subsidies, possibly with interest. This is a very common outcome.
• Full denial with penalties: In the worst case, the CRA determines none of your subsidy claim was eligible, and they not only demand full repayment but also impose penalties (e.g. a 25% penalty for gross misrepresentation, if they believe that applies). This is rare unless something was significantly wrong or deceptive in the claim.

If you agree with the CRA’s adjustments, you can simply pay any amount owing (or the CRA may offset it against future tax refunds). However, if you disagree with the outcome, you have the right to dispute the CRA’s decision. This kicks off theobjection and appeals process, which is essentially a tax dispute resolution mechanism.

Filing a Notice of Objection (Challenging the CRA’s Assessment)

A Notice of Objection is the formal way to tell the CRA “I disagree with your assessment/determination and I want an impartial review.” For CEWS or CERS disputes, an objection is filed just as it would be for any tax assessment. Key points to know:

Deadline:

You generally have 90 days from the date of the CRA’s notice of reassessment/determination to file your objection. This deadline is strict. If you miss it, you do have a safety net of an additional one-year extension period – but you must apply for the extension and give a valid reason for missing the original 90 days. (The CRA may or may not accept a late objection, so it’s far better to file within 90 days if at all possible.)

How to file:

An objection can be filed online through the CRA’s “My Business Account” portal or by mailing a Form T400A. In your objection, clearly identify the audit decision you’re disputing (include reference numbers from the notice) and explain each point of disagreement. Attach any evidence that supports your position – perhaps financial statements, invoices, lease agreements, or correspondence – essentially, anything that refutes the CRA’s findings or fills gaps they identified. New evidence is allowed at the objection stage, even if you didn’t provide it to the auditor initially, so take the opportunity to strengthen your case with additional proof or analysis.

Impartial review:

Once your objection is filed, the file is transferred away from the audit department to the CRA Appeals Division. An Appeals Officer (who was not involved in the original audit) will independently review the caset. This officer may contact you (or your representative) for discussions. It’s worth noting that the Appeals Officer has the power to agree with you in full, partially allow your objection, or uphold the auditor’s decision. They may also be open to settlement discussions. Throughout this stage, remain responsive and cooperative. It often takes several months (sometimes more than a year for complex cases) for the CRA Appeals Division to finalize a decision.

Requirement to Object to Each Period:

You are required to file a Notice of Objection for each CEWS & CERS period being objected to. While you do not need to file a seperate document for each CEWS & CERS period, the Notice of Objection you file must specify each and every CEWS & CERS period to which the Objection applies. Failing to do so will result in you losing the right to object to the CEWS & CERS periods not specified when the 90 day deadline expires, subject to the one-year extension period.

Resolution Through CRA Appeals or Tax Court

After reviewing your objection, the CRA Appeals Division will issue its decision in writing. They will either allow your objection (in whole or part) – which means they agree and will adjust or cancel the reassessment accordingly – or confirm the assessment (deny your objection). You’ll receive a Notice of Decision or Notice of Confirmation. If you’re satisfied at this stage (e.g. CRA Appeals grants you some relief and you choose to accept the partial win), then the dispute ends there. If you’re still not satisfied, you have another avenue: appealing to the Tax Court of Canada.

Appealing to the Tax Court:

This is the first step of the judicial process, and it’s independent of the CRA. You have 90 days from the CRA’s Appeals decision to file a Notice of Appeal to the Tax Court. (If the Appeals Division drags its feet and more than 90 days pass since you filed your objection with no decision, you also have the right to appeal to the Tax Court. Most Objections take considerably longer than 90 days and most people wait for the Appeals decision, but the option exists if CRA Appeals is unresponsive.)

Tax Court litigation is a big step – it involves preparing a Notice of Appeal, likely engaging in examinations for discovery and settlement talks with a lawyer from the Department of Justice, and eventually a court hearing before a judge if no settlement is reached. The good news is that many tax disputes resolve before a formal trial. Settlements can occur at most times during the process. However, to even initiate a Tax Court appeal, you will almost certainly need a tax litigation lawyer to navigate the rules and procedures. The court process can be lengthy (a year or more) but it offers an impartial adjudication if you genuinely believe the CRA is wrong on the law or facts.

Strategies for Success in CEWS/CERS Disputes

Navigating a CEWS or CERS dispute can be complex and time-consuming. Here are key strategies to improve your chances of a favorable outcome:

Act promptly at every stage:

Whether it’s responding to an initial audit request or filing an objection, meet every deadline. Mark the 90-day objection deadline the moment you receive an audit assessment notice. Prompt action preserves your rights – delay can be costly or even forfeit your chance to dispute.

Stay organized with evidence:

Treat the audit and any appeals like building a case. Create a folder (digital or physical) with all relevant documents per subsidy period. Use checklists to ensure you’ve provided proof for every requirement (revenue drops, employee wages, rent paid, etc.). During the objection, reference these documents clearly. Good organization not only helps the reviewer understand your position but also signals that you are a diligent, credible taxpayer.

Know the rules (or consult someone who does):

The CEWS/CERS rules are intricate. Review the eligibility criteria for each period that’s under dispute – sometimes the outcome turns on a technical detail. For example, knowing that the normal tax audit limitation (3 years) applies to CEWS determinations unless there’s misrepresentation attributable to carelessness, neglect or wilful default  could be relevant if your audit is looking at an older period; or understanding the specific definition of “qualifying revenue” or “affiliated groups” might help argue why your calculation was correct. If this sounds overwhelming, get professional advice. A tax lawyer experienced in COVID-19 subsidy disputes can quickly pinpoint the strengths and weaknesses of your case.

Maintain a professional, solutions-focused tone:

Whether writing to the auditor or appeals officer, or testifying in Tax Court, remain factual and respectful. Emotional or accusatory language won’t help and can detract from the merits. Focus on resolving the issues by providing facts and legal arguments. If you made a mistake, it’s okay to acknowledge a minor error while firmly standing your ground on points you truly contest.

Consider settlement or relief options:

Not every dispute is all-or-nothing. If, for instance, the CRA is correct on some points but you have a strong case on others, you (or your representative) can negotiate during the appeals stage. The CRA may agree to concede certain periods or amounts if you concede others. Moreover, if you end up owing money back and it creates a financial hardship, you can separately request taxpayer relief for interest or penalties (this is outside the objection process, but a useful last resort if you cannot pay the full amount). Settlement is often a pragmatic resolution to avoid the cost and stress of court.

Learn and adapt:

Ensure compliance going forward. The government introduced these programs in a hurry, and many businesses applied in good faith. If you’ve been through a CEWS/CERS audit, use it as a learning experience to improve your record-keeping and compliance for any future programs. Document decisions in writing (e.g. lease agreements, employee changes) to avoid misunderstandings.

Conclusion: Resolve Disputes Proactively and Seek Help When Needed

Facing a CEWS or CERS dispute can be daunting, but with the right approach, you can navigate audits, objections, and appeals effectively. The key is to be proactive: prepare thoroughly, respond timely, and use the channels available to you (internal appeals and courts) to make your case. Many disputes stem from misunderstandings or minor errors that can be corrected by providing additional information to the CRA. By staying organized and informed, you improve your chances of a successful resolution – whether that means the CRA overturns an incorrect decision or at least reduces the amount you have to repay.

If you’re unsure about any step, remember that you don’t have to go it alone. These processes – from audits to Tax Court – are routine for our firm’s tax lawyers, who have helped many clients in similar situations.