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.

Getting notified of a CRA audit can be stressful and intimidating. If you’re looking for CRA audit help, rest assured that you’re not alone and it’s possible to get through the process smoothly with the right approach. The Canada Revenue Agency audits only a small fraction of tax returns. Being selected for an audit doesn’t automatically mean you did something wrong – sometimes it’s random or due to specific red flags. This article will explain what a CRA audit involves, why you might be audited, and how to handle a CRA audit step by step.

What Is a CRA Audit?

A CRA audit is a review of your financial records and tax filings by the Canada Revenue Agency to verify that your income, deductions, and credits are reported accurately. During an audit, the CRA closely examines your books and records to confirm you’ve fulfilled your tax obligations and followed tax laws correctly. The CRA wants to ensure you’ve paid the correct amount of tax and that you received only the credits or deductions you’re entitled to.

An audit can take various forms. Sometimes it’s a correspondence audit (handled by mail, asking for additional documents), and other times it’s an on-site audit where an auditor meets with you or your representative. The process typically starts with an official audit notice or letter from the CRA. This letter will outline which tax year(s) are under review and list the documents or information the CRA wants to see. It’s important to read this letter carefully so you understand the scope of the audit.

Keep in mind that an audit is not the same as a simple “review” letter for individuals (those routine checks some people get after filing) – it’s a more detailed examination. However, not every audit ends in a big bill or penalty. In many cases, if your records support your tax return, the audit may conclude with no changes to your taxes owed. Even if adjustments are proposed, you’ll have a chance to address them before anything is final. Audits are a normal part of the tax system to maintain fairness, and the CRA’s goal is simply to ensure everyone pays the correct amount of tax.

Why Does the CRA Audit Taxpayers?

Wondering, “Why me?” There are several reasons the CRA might choose to audit a file. Often, the CRA uses a risk-based system to flag returns that seem unusual or high-risk. The following are the reasons you could have been audited:

• Random selection: Yes, sometimes it really is just the luck of the draw. Each year a small number of audits are purely random to keep the system fair.
• Unreported or under-reported income: If the CRA’s data matching finds that you failed to report income (for example, a T4 or T5 slip that was issued to you), it could trigger an audit or at least a review. For instance, not reporting all T-slip income is a sure way to get CRA attention, since the CRA already has copies from the issuer.
• Large or unusual deductions/credits: A sudden spike in your expenses, credits, or business losses can be a red flag. The CRA compares your return to norms for similar taxpayers. Claims that seem excessive or inconsistent with your income level may prompt a closer look.
• Self-employment and cash businesses: Self-employed individuals and businesses in cash-intensive industries (e.g. restaurants, trades, or convenience stores) are audited more frequently. The CRA knows there’s more opportunity in these areas to omit income or inflate expenses.
• Specific targeted programs: The CRA sometimes runs projects focusing on certain tax schemes or sectors. In recent years, they have increased audits in areas like real estate transactions, cryptocurrency gains, and offshore assets.

The bottom line is, audits happen either because something on your return stood out or simply due to random selection. Don’t panic – if you’ve been honest and have documentation, you have little to fear. Still, you must approach the audit diligently. In rare cases, the CRA might even use a specialized tactic called a net worth audit (where they estimate income based on lifestyle and assets) if they suspect unreported income. But for most typical audits, it’s about providing proof for the items on your tax return.

How to Handle a CRA Audit: Step-by-Step

Facing an audit may feel overwhelming, but following these steps will help you manage the process effectively. The key is to stay organized, responsive, and cooperative – without volunteering more than necessary. You may also find it helpful to review our article on the 5 Steps of CRA Audit Process (here). Here’s how to handle a CRA audit:

1. Read the Audit Notice Carefully: As soon as you receive the CRA’s audit letter, open it and read it in full. This letter will tell you which tax year(s) are under audit and outline exactly what information or documents the auditor is requesting. It might list specific receipts, bank statements, invoices, or explanations for certain items. Make note of any deadlines given (e.g. “please respond within 30 days”). Understanding the scope of the audit will help you focus on what’s needed. Importantly, do not ignore the letter or shove it in a drawer – the problem won’t go away, and ignoring an audit can lead the CRA to assess you arbitrarily, which is typically much worse.
2. Gather and Organize Your Records: Once you know what the CRA wants, start collecting those documents. Pull out your receipts, invoices, bank statements, expense logs, or any other records that support the items under review. Take the time to organize your paperwork – neatly label documents and match them to the corresponding audit request. This not only makes it easier for you to see if something is missing, but it also makes a good impression to the auditor. Only send the documents requested (and any directly relevant supporting information). The CRA tends to cast a wide net when asking for information, but it may not actually need every scrap of paper. Providing only what is asked for keeps the audit focused and efficient. If the auditor requires more, they will ask. Always keep copies of everything you send to the CRA.
3. Meet Deadlines & Communicate Proactively: Timing is critical. Typically, the CRA gives about 30 days to respond to an audit request. Mark the deadline on your calendar. If you’re unable to gather everything in time or you need clarification, contact the auditor as soon as possible – the audit letter should have a phone number. The CRA is often willing to grant reasonable extensions if you communicate early and have a valid reason (for example, you’re waiting on documents from a third party). The important thing is to not go silent or to delay until the last minute. If you ignore the CRA’s requests or miss deadlines without any communication, the auditor may complete the audit without your input.
4. Consult a Professional if Necessary: If the scope of the audit is broad, involves large amounts of money, or uncovers complex issues, consider seeking help from a qualified tax professional, such as a tax lawyer. Professional CRA audit help can be invaluable, especially if you feel out of depth. A tax lawyer, in particular, brings the advantage of confidentiality (attorney-client privilege) and expertise in tax law and dispute resolution. They can communicate with the CRA on your behalf, help you understand your rights, and ensure you don’t inadvertently provide information that could be misinterpreted. Even if you initially chose to handle the audit yourself, don’t hesitate to get expert advice if the audit is not going smoothly or if the CRA proposes a hefty reassessment. Many tax lawyers offer a consultation, which can clarify whether you actually need representation for the rest of the audit. Remember, you can involve an expert at any stage of the audit. The earlier you get advice, the easier it may be to resolve potential problems.
5. Stay Calm and Comply (Within Reason): Throughout the audit, try to keep the relationship with the auditor civil and businesslike. Answer questions truthfully, but stick to the facts relevant to the audit. You are not obliged to volunteer information about unrelated tax years or issues outside the scope of the audit. Provide what’s asked, but avoid oversharing extraneous details that might inadvertently broaden the audit. If the auditor wants to discuss something you’re unsure about, it’s okay to say you need time to consult with your lawyer. Also, be mindful of scams – CRA auditors will never ask for odd things like gift card payments, nor will they threaten arrest over the phone. If you get a call, you can ask for the auditor’s name and office and call the CRA back via official phone lines to verify.

Know Your Rights and Next Steps After an Audit

When you’re in the thick of an audit, it’s crucial to remember that you have rights as a taxpayer. The CRA audit process isn’t meant to be a one-sided inquisition. Here are some important rights and options to keep in mind:

• Right to Professional Treatment: The CRA’s own Taxpayer Bill of Rights guarantees your right to be treated with courtesy, impartiality, and fairness. Auditors should conduct themselves professionally. You have the right to ask questions if you don’t understand something. Don’t hesitate to politely assert this right – for example, if correspondence is unclear, ask for clarification.
• Right to Appeal (Objection): If the audit concludes and the CRA issues a Notice of Reassessment that you disagree with, you are entitled to appeal it. In fact, the law provides a specific window for you to act. You generally have 90 days from the date of the reassessment notice to file a Notice of Objection which is the formal way to challenge the CRA’s decision. Filing an objection leads to the file being reviewed by the CRA’s Appeals Division – a fresh set of eyes separate from the initial auditor.
• Audit Outcome – Not Always Bad: Many people assume an audit automatically means they’ll end up owing a lot or getting penalized, but that’s not true. Not all audits lead to extra tax or penalties. If you’ve been truthful and have proper documentation, the audit could very well end with no changes or only minor adjustments.
• During and After the Audit – Stay Organized: Keep all correspondence from the CRA and copies of what you provided. After the audit, hold on to the audit results letter and any related documents. These might be useful if questions arise later or if you switch tax advisors. Also, learn from the experience: if the CRA found, say, that you were missing some invoices or made bookkeeping errors, you can improve your record-keeping going forward (which will make any future audits even easier).
• Preventative Measures: If reading this article and going through an audit has made you realize there were mistakes in other past tax returns, you might be able to fix them before the CRA comes knocking again. Canada has a Voluntary Disclosure Program (VDP) that allows taxpayers to come forward and correct errors or omissions on prior returns, potentially avoiding penalties. The VDP only applies if the CRA has not initiated an audit or investigation against you or a related taxpayer in respect of the information being disclosed. It’s a separate process, but worth mentioning as a proactive tool. (We’ve covered this in other articles – see our Voluntary Disclosure Program page for details.)

Conclusion

Facing a CRA audit can be nerve-racking, but with the right approach you can navigate it successfully. Remember to stay calm, get organized early, and respond to the CRA in a timely manner. Most importantly, know that help is available – you don’t have to go through it alone. Whether it’s clarifying what the CRA is asking for, negotiating the scope of the audit, or advocating for you in a dispute, our team is here to assist. If you need personalized CRA audit help or have questions about your specific situation, contact our tax lawyers today.

We’re ready to help you face the CRA with confidence and achieve the best possible outcome.

If you have received a CRA Notice of Confirmation, it may feel like the Canada Revenue Agency (CRA) has slammed the door on your tax dispute. This formal notice means the CRA has reviewed your objection and decided to confirm the original assessment or reassessment. In other words, they’re saying their initial decision was correct and the disputed tax is still owed. However, receiving a Notice of Confirmation is not the end of the road for your case. You still have options to continue the fight and resolve your CRA tax dispute in your favor.

In this article, we explain what a Notice of Confirmation is, why it doesn’t mean your fight is over, and what next steps you can take. We’ll also highlight the strict deadline to appeal and why acting quickly (and possibly getting professional help) is crucial. Remember, even if the CRA has denied your objection, you may still be able to achieve a positive outcome – but you need to know the right steps to take.

What Is a CRA Notice of Confirmation?

A CRA Notice of Confirmation is a formal letter from the CRA’s Appeals Division that comes at the end of the objection process. When you file a Notice of Objection to challenge a CRA Notice of Assessment or Reassessment, an Appeals Officer reviews your case. That officer can decide one of three things: vary the assessment (make some changes in your favor), vacate the assessment (cancel it entirely), or confirm the assessment. If they confirm it, they issue a Notice of Confirmation – essentially stating the CRA believes the tax owing was assessed correctly and remains payable.

Think of the Notice of Confirmation as the CRA’s way of saying, “We’ve heard your arguments but stand by our original decision.” It signifies that the internal CRA objection process has run its course. Naturally, this can be discouraging news for a taxpayer hoping to get a reduction or reversal of the assessment.

However, do not panic. The Notice of Confirmation only means that the internal appeal within CRA is over; it does not mean you have no further recourse – you have the right to take your dispute to an independent body outside the CRA.

Why a Notice of Confirmation Is Not the End of the Road

Receiving a Notice of Confirmation opens the door to the next stage of the tax dispute resolution process: an appeal to the Tax Court of Canada. After a Notice of Confirmation, you essentially have two choices: either accept the CRA’s decision and arrange to pay the amount (including any interest), or continue the fight by appealing the decision the Tax Court of Canada.

The Income Tax Act (Canada) specifies that once the CRA has issued a Notice of Confirmation on your objection, the taxpayer’s only recourse is to appeal to the Tax Court of Canada (Tax Court). This is your opportunity to have an impartial court look at the facts, apply the law, and potentially overturn or reduce the tax assessment if it finds in your favor. Many taxpayers have successfully challenged CRA assessments in court, especially when they have strong evidence or legal arguments that the CRA may have overlooked or dismissed during the objection stage.

It’s important to note that going to Tax Court is a big step. It introduces a more formal legal process. While the Tax Court can provide a fresh hearing of your case, the process can be complex – involving filing legal documents (notices of appeal), possibly conducting discoveries, and attending hearings.

Act Fast – A Strict 90-Day Deadline to Appeal

While you can appeal a confirmed CRA assessment to the Tax Court, you need to be aware of a critical limitation: time. The moment the CRA sends out the Notice of Confirmation, the clock starts ticking on your opportunity to appeal. You generally have 90 days from the date on the Notice of Confirmation to file a Notice of Appeal with the Tax Court of Canada. This 90-day appeal window is set by law and is strictly enforced. Missing this notice of confirmation deadline can have serious consequences for your case.

That said, there is a small bit of wiggle room if you’ve missed the 90-day window, but it comes with strict conditions. Under the law, you may apply for an extension of time to appeal after the 90 days, but only up to one year beyond the original deadline (i.e., up to a total of 1 year and 90 days from the Notice of Confirmation date). To get this extension approved, you have to convince the Court of a few things: that you always intended to appeal or were unable to act sooner, that you applied as soon as you could once you realized the need, that you have a reasonable explanation for the delay, and that you have an arguable case for the appeal.

Keep in mind, extensions are not guaranteed. In fact, the Tax Court may be reluctant to grant them and will not do so unless you meet all the criteria. Thus, the safest approach is to assume you have just 90 days to act. Mark that deadline on your calendar and treat it as immovable. If you find yourself close to the deadline and unsure of what to do, it may be better to file something (even a bare-bones Notice of Appeal) to preserve your rights, rather than miss the deadline entirely. You can always flesh out your case later or even discontinue an appeal if needed, but you cannot turn back time if the deadline passes.

How to Appeal a CRA Notice of Confirmation (Overview)

Appealing to the Tax Court of Canada is a well-established process designed to give taxpayers a fair chance at justice. Here’s an overview of how an appeal works once you decide to challenge the CRA’s confirmed assessment:

• File a Notice of Appeal: To start your appeal, you must submit a Notice of Appeal to the Tax Court. This is a legal document outlining the issues in dispute and the facts as you see them. You can file it by mail, fax, online through the Tax Court’s system, or even deliver it in person. The key is that it must be received by the Tax Court within the 90-day window. There is no filing fee if you qualify to proceed under the Tax Court’s informal procedure (for smaller amounts of tax in dispute), but larger cases under the general procedure may require a modest filing fee.
• CRA’s Reply: After you file your appeal, the CRA (through its lawyers) will file a Reply to your Notice of Appeal. This is essentially their statement of defense, explaining why they think the assessment is correct.
• Pre-Trial Steps: Depending on the complexity, there may be pre-trial steps like discovery (where each side can ask for information and documents from the other). For Informal Procedure cases, this phase is usually simpler or skipped entirely, leading to a quicker hearing.
• Settlement Possibilities: Just because you’ve appealed doesn’t mean you’ll necessarily end up in a full court trial. There are opportunities to settle the case along the way. In fact, once an appeal is filed, the file is often handled by a Justice Department lawyer who may discuss settlement options. Sometimes disputes can be resolved through negotiation or alternative dispute resolution before reaching a judge. However, you should not count on this – always be prepared to present your case to a judge if needed.
• Hearing: If no settlement is reached, your case will go before a Tax Court judge at a hearing. You (or your lawyer) will present your evidence and arguments, and the CRA’s counsel will present theirs. The judge will then make a decision (which could take weeks or months to be delivered in writing).

Appealing to the Tax Court is essentially getting a fresh, independent review of the issues. Tax Court isn’t bound by the CRA’s internal decision; it looks at the law and facts anew. Many taxpayers find relief at this stage, especially if the CRA’s interpretation of the facts or law was questionable. Remember, the Tax Court’s mandate is to ensure the correct amount of tax under the law is determined – it’s not there to side with the CRA or the taxpayer arbitrarily. If you have a strong case, the Tax Court provides a forum to make it.

Getting Professional Help and Next Steps

Facing off against the CRA in Tax Court is a serious step, and time is of the essence. You have a short window – just 90 days – to act after receiving a Notice of Confirmation. If you’re unsure what to do next, this is the time to seek professional help. A seasoned tax lawyer who specializes in CRA disputes can provide invaluable guidance. We can assess the strength of your case, help prepare the Notice of Appeal, ensure all deadlines and formalities are met, and represent you through negotiations or in Tax Court.

Reach out to us today for assistance.

Receiving an email from the Canada Revenue Agency (CRA) can be puzzling or even alarming. Many Canadians are unsure if a CRA email is legitimate and what steps to take next. This guide will explain why the CRA might email you, what those emails contain (and don’t contain), and how you should respond. Our goal is to help you confidently handle a legitimate CRA email – and know when to seek professional advice if needed.

What Is a Legitimate CRA Email?

A legitimate email from the CRA is usually a notification rather than a detailed message. In fact, the CRA will only email you in specific situations and will never send sensitive personal details or demands by regular email. Here are key traits of a real CRA email:

• It’s a Notification: The email typically tells you that you have new information or a message waiting in your secure CRA My Account portal. For example, after you file your taxes, you might get an email stating that your Notice of Assessment is available to view online. The email itself won’t contain the Notice or detailed personal tax information – it’s just an alert.
• No Direct Requests for Personal Info or Payment: The CRA’s genuine emails will not ask for personal or financial information, won’t request payments via e-transfer, prepaid cards, etc., and won’t include links to enter sensitive data. If an email asks for your SIN, banking info, or passwords, it’s a red flag of a scam. Legitimate CRA notifications also do not use threatening or aggressive language (they won’t threaten arrest).
• Sender and Format: Real notification emails come from an address that clearly indicates Canada Revenue Agency. The sender name will often appear as “Canada Revenue Agency / Agence du Revenu du Canada”. The email will be in English or French, depending on your preference, and typically won’t have attachments. It may contain instructions to log in to your CRA account but will not contain any unsolicited links or buttons asking you to fill out forms. Be cautious with any links; when in doubt, go directly to the CRA website by typing the URL yourself.
• You Opted In: Generally, you will only receive CRA emails if you have provided your email to the CRA and signed up for “Online Mail” or email notifications. For instance, if you use CRA My Account, you are required to have an email on file for security purposes. This ensures the CRA can notify you of important changes to your account (like an address or direct deposit update) and let you know when new tax correspondence is available online.

Tip: CRA notification emails are no-reply messages. You cannot respond to them via email. Instead, any follow-up or action should be done through your CRA online account or by contacting the CRA directly through official channels.

Why Did the CRA Email Me? (Types of CRA Emails)

The CRA uses email notifications to communicate a few specific things (list of things CRA typically communicates about by email can be found here: canada.ca). Understanding the common types of CRA email notifications can help you figure out why you got one and what to do next. Here are some scenarios in which you might receive a legitimate CRA email:

• New Mail in CRA My Account: If you’ve opted for CRA online mail (electronic correspondence), the CRA will email you whenever a new document or message is delivered to your online account. This could be your annual Notice of Assessment after filing a tax return, a Notice of Reassessment, or other official notices. The email usually says you have “new mail to view in My Account.”
• Notice of Assessment or Reassessment Available: One of the most common CRA emails occurs after you submit your tax return. The CRA will notify you by email that your Notice of Assessment (NOA) is ready to view online. Similarly, if a tax return is reassessed (perhaps you or the CRA made changes), you’ll get an email about a Notice of Reassessment. These notices detail your tax outcome for the year – for example, whether you owe money or are getting a refund. The email itself will not show those details; you must log in to see the NOA document.
• Benefit or Credit Notices: If you receive benefits, the CRA may post benefit notices or account statements to your online account and send you an email alert. For example, you might be notified of a new benefit notice or a statement of account to view online.
• Instalment Reminders: For those who pay tax by instalments, the CRA sometimes issues instalment reminders or statements. If you’ve gone paperless, an email will let you know such a reminder is available in your account. This is essentially a heads-up that an upcoming tax instalment payment is due, with details in the online letter.
• Requests for Information or Documents: The CRA may conduct reviews or audits of tax returns. In some cases, they will send a letter asking for additional information or documentation (for example, proof of an expense or clarification of a claim). If you’ve agreed to online mail, those letters can be delivered to your CRA My Account, and you’d get an email telling you a new letter is available. The email won’t say all the specifics – it will just prompt you to log in to read the letter. (If you still receive paper mail, the CRA would send these by post instead, but you wouldn’t get an email in that case.)
• Confirmation of Changes (Security Alerts): As a security measure, the CRA sends confirmation emails when certain changes are made to your account. For example, if you or your representative update your mailing address or direct deposit information, the CRA will email you to confirm that change. This helps guard against fraud – if you get an email about a change you didn’t authorize, you should sign in and double-check your account immediately. Other changes that trigger emails include changes to your marital status, the addition of an authorized representative, or if your email address on file was updated. These are legitimate CRA emails meant to protect you by alerting you to important updates.
• Online Account Alerts: Beyond correspondence, you might receive optional alerts if you opt in – for example, a notice that you have an uncashed cheque with the CRA, or that a tax slip (like a T4 or RRSP receipt) is available. These are less common and only sent if you specifically chose to get them.

What to Do After Receiving a CRA Email

When you’ve confirmed the CRA email is legitimate, you should take prompt action. Here are the steps to follow and how to respond appropriately:

1. Read the Email for Clues: The email itself is brief, but note what it’s about. Does it say you have “new mail” to view? Or is it specifically a confirmation of a change? Understanding the type of notification will tell you the general reason (e.g., an assessment notice, a document request, a security alert).

2. Log in to CRA My Account: Next, go to the CRA’s website and sign in to your My Account (for individuals) or My Business Account (for businesses). Once inside, navigate to the “Mail” or “Correspondence” section. There you can view the actual message or document the email referred to. For instance, if it was a Notice of Assessment, you’ll find the PDF of your Notice of Assessment ready to open. If it was a letter requesting information, you’ll see the letter details listed. Take the time to open and read the correspondence thoroughly.

3. Understand the Content: Determine what the CRA is communicating. Common possibilities include:

• A Notice of Assessment: This will summarize your tax return result. Check if you have a refund, a balance owing, or no amount. It will also show any adjustments the CRA made. If you owe money, the NOA will provide a due date for payment. Mark that date and plan to pay by then to avoid interest. If you disagree with the assessment (for example, something was disallowed incorrectly), you may need to file an objection or clarify the issue.
• A Request for Documents/Information: The letter will specify what the CRA needs (e.g. receipts, forms, proofs) and a deadline to respond. It might be a part of a routine review or audit. Note the case or reference number if provided – you’ll need to include that with your response. Don’t panic; just gather the requested items. If it’s complex or you’re unsure why they need it, you might want to consult a professional.
• A Simple Confirmation: If the correspondence is confirming an update (like “Your address has been updated in our records”), then no further action may be required other than verifying that the change is correct. If you did update your address or bank info recently, the email is just a receipt of that change. However, if you did not make the change noted, you should contact the CRA immediately – it could mean someone else has accessed your account.

4. Follow the Instructions or Obligations: For a NOA, the instruction may be to pay any owed balance by a certain date, or simply to keep the notice for your records if nothing is owed or if it’s a refund. For information requests, the letter will instruct how to send the documents. In many cases, the CRA letter will mention you can submit the documents online.

5. Submit Documents or Respond (if required): The CRA has made it easier to respond online. If you need to send documents or receipts, use the CRA’s Submit Documents Online service for convenience. This secure service lets you upload electronic copies of the requested documents through your online account. You’ll need the reference number from the CRA letter, and you can attach the files as instructed. For example, if the CRA email/letter asks for proof of an expense, you can scan the receipts and upload them using this system. (The CRA specifically allows you to use this when they have contacted you with a request and given you a case or reference number.) Always send only the documents requested, and ensure they’re clear and legible. After uploading, the system will give you a confirmation number as a receipt. Keep that for your records.

If you prefer or if the online option isn’t working, the letter may also allow mailing or faxing documents. Just be mindful of the deadline – the CRA usually gives a reasonable timeframe (often 30 days, but it can vary). Don’t ignore a CRA request; if you need more time, call them to request an extension.

6. No Action Needed? If the email was just a notification of something like a benefit statement or a minor update that doesn’t require a reply, you may simply archive or save the correspondence for your files. It’s still wise to log in and read it, so you’re aware of any changes. For example, a benefit notice might show how your benefit was calculated. A direct deposit confirmation just needs you to verify the last few digits of the account are correct.

7. Keep Records: Save copies of any important notices (you can download PDFs from the CRA Mail) and note dates. It’s good practice to keep a folder (digital or printed) of CRA communications. This way, if any issue arises later, you have the documentation handy.

Throughout this process, if anything is unclear – for instance, you don’t understand the notice or what the CRA is asking for – do not hesitate to get clarification. You can call the CRA’s inquiries line for basic questions. However, for more complex matters (like large reassessments, audits, or disputes), you may want to seek professional advice.

When to Seek Help (Contacting a Tax Lawyer)

Not every CRA email will require a lawyer or accountant, but some situations do warrant expert help. The goal is to address the CRA’s inquiry correctly and avoid costly mistakes. Consider reaching out for assistance if:

• You’re Facing an Audit or Reassessment: If the CRA’s correspondence indicates you are being audited or they have reassessed your return and you owe a significant amount, professional guidance is invaluable. An expert can help you understand your rights, gather the proper evidence, and even communicate with the CRA on your behalf.
• The Request is Unclear or Complex: Sometimes CRA letters are filled with technical language or you might not be sure what is being asked. Rather than guessing, it’s safer to have a tax professional interpret it. They can also draft a proper response. Misunderstanding a CRA request could lead to sending the wrong info or missing a deadline.
• You Disagree with the CRA’s Notice: If your Notice of Assessment or reassessment seems wrong (maybe the CRA denied a deduction you claimed, resulting in a higher tax bill), you have the right to dispute it. There are formal processes to object to a CRA assessment, usually with a 90-day deadline. A tax lawyer can advise on the merits of your case and help file a Notice of Objection.
• You Feel Overwhelmed or Unsure: It’s normal to feel anxious when dealing with tax matters. If the stress of handling it yourself is too much, bringing in a professional can provide peace of mind. They’ll ensure everything is handled correctly and advocate for you if needed.

At our firm, we offer comprehensive tax services and have experience dealing with all sorts of CRA communications. Whether you’ve received a simple notice or are staring at a complicated audit letter, we can help guide you through the next steps. Often, a short consultation can clarify your situation and options.

Receiving a Notice of Reassessment from the Canada Revenue Agency (CRA) can be unsettling. You might feel that the CRA got it wrong and that you’re being asked to pay more tax than you should. The good news is that you can fight a CRA reassessment if you believe it’s incorrect. Canadian taxpayers have the right to dispute an assessment or reassessment and have it reviewed impartially. This article will explain, in clear steps, how to dispute a CRA reassessment.

What Is a CRA Reassessment?

Before jumping into the fight, it’s important to understand what a CRA reassessment is. A reassessment is essentially the CRA’s way of saying “we reviewed your tax return again and made changes.” It usually comes in the form of a Notice of Reassessment, which shows adjustments to your income, deductions, credits, or taxes owed compared to your original Notice of Assessment. Reassessments can happen for several reasons – for example, the CRA might have found an error, received new information (such as slips you missed), or completed an audit of your file.

The key point is: a reassessment is not necessarily the final word. If you review the notice and disagree with the CRA’s changes, you have options to challenge or appeal the decision. In fact, the Canadian tax system provides a formal dispute process to ensure fairness.

Your Right to Dispute a CRA (Re)Assessment

If you think the CRA has misinterpreted facts or applied the law incorrectly on your assessment, you have the right to file an objection and get a second look. This applies to both original assessments and reassessments.

Fighting a CRA reassessment formally means going through defined steps: filing a Notice of Objection, having the case reviewed by the CRA’s Appeals division, and potentially appealing to the Tax Court of Canada (Tax Court). Don’t be intimidated by these steps. By law, the CRA must handle objections through a fair and impartial review separate from the initial audit team.

Below, we break down how to fight a CRA reassessment step by step. Following these steps will help you stay organized and improve your chances of a successful outcome.

Step 1: Stay Calm and Review the Reassessment Letter

The first step is simply to read the Notice of Reassessment carefully from start to finish. It might sound obvious, but when that envelope (or email) arrives, many people panic and skip straight to the amount owing. Instead, take a deep breath and focus on the details. Why did the CRA issue the reassessment? The notice will typically outline what changes were made to your return. Compare the reassessed figures to your original tax return line by line. Identify exactly which income item, deduction, credit, or calculation was adjusted.

As you review, ask yourself: Could this reassessment be correct? Sometimes CRA catches legitimate mistakes (like a missed T4 or an incorrect deduction claim). If, after reviewing, you realize the CRA is right, it may be best to accept the reassessment and move on. But if you still believe the CRA is wrong, or you don’t understand where their numbers are coming from, make note of those specific points of contention. These will be the focus of your dispute.

Step 2: File a Notice of Objection (Formal Dispute within 90 Days)

Filing a Notice of Objection is essential to fighting a CRA reassessment. An objection is a written notice to the CRA that says, “I disagree with this assessment, and here’s why.” Once you file an objection, the CRA’s Appeals Division will take over and conduct an independent review of your case, separate from the initial auditors. This is a critical step – it preserves your right to appeal further if needed and puts the dispute on official record.

Timing is crucial: In most cases you have 90 days from the date on the Notice of Reassessment to file your objection. If you miss the deadline, you can still apply for an extension within one year of the missed 90-day date, but you’ll need to explain why you were late, and there’s no guarantee the CRA will grant it. So, mark that deadline and act promptly.

To file the objection, you can use the CRA’s online services (via My Account or My Business Account) or mail a Form T400A (Notice of Objection). In your objection, clearly state which reassessment you are disputing, the amounts or items you disagree with, and why. Be as specific and factual as possible. Outline the facts and attach copies of any supporting documents that back up your position (for example, receipts, contracts, tax slips, correspondence – anything relevant to show the CRA’s adjustment is wrong). A well-prepared objection is vital because it forms the basis of your case going forward.

Writing an effective objection can be tricky. The wording and content matter more than you might think. In fact, anything you state in your objection could later be used as evidence if the case goes to Tax Court, so you want to avoid mistakes or admissions that could hurt your case. This is one reason many people seek help from a tax lawyer at this stage. An experienced tax lawyer can draft the objection letter in a way that protects your rights and presents the strongest argument on your behalf. They’ll cite relevant tax law or court cases if applicable and ensure all the key facts are included. While you are allowed to file an objection on your own, getting it professionally prepared can make a big difference – especially for complex disputes.

Once your objection is filed on time, the CRA should acknowledge receipt (usually with a letter). Now, your dispute moves on to the Appeals process for a closer review.

Step 3: Work With the CRA Appeals Officer During Review

After you file a Notice of Objection, your case will be assigned to a CRA Appeals Officer – a tax specialist whose job is to impartially review objections. This person was not involved in the original assessment, so you’re essentially getting a fresh pair of eyes on your tax situation. The Appeals officer will examine your tax return, the CRA’s reasons for reassessment, and the arguments/documents you submitted in your objection. They may contact you (or your representative) to discuss the case, request additional information, or clarify points. Be responsive and cooperative in these communications; this is your chance to further explain your side of the story and even negotiate if appropriate.

How long does this stage take? It can vary widely. Simple objections might be resolved in a few months, while complex ones can take a year or more. If you have new evidence or arguments that you didn’t include initially, you can usually submit additional written representations to the Appeals officer for consideration.

One encouraging fact: tax objections often succeed in whole or in part. According to the Auditor General of Canada, about 65% of objections result in the CRA reducing or even fully reversing the reassessed amount. In other words, the odds are not bad that the Appeals process will yield some relief for you – the reassessment could be adjusted in your favor. Many disputes are settled at this stage without ever going to Tax Court. The Appeals officer might agree with you after reviewing the facts, or they might propose a compromise (for example, allowing a deduction in part). If an agreement can be reached, the CRA will issue a new Notice of Reassessment reflecting the changes, and that’s the end of the dispute. Through negotiation and additional evidence, it’s often possible to resolve the issue in a way both you and the CRA can accept.

However, if the CRA Appeals Division disagrees with your objection, they will send you a Notice of Confirmation, which means they are upholding the original reassessment (no change). You might also get a partial win – a “Notice of Reassessment” that varies some things in your favor but not all. Either way, you’ll have a decision. If you are not satisfied with the outcome at this point, you still have one more fight in you: an appeal to the Tax Court.

Step 4: Consider an Appeal to the Tax Court (If Necessary)

If the CRA Appeals review doesn’t resolve the issue to your satisfaction, you have the right to appeal your case to the Tax Court. This is the first level of court in Canada’s tax dispute system. Going to court may sound daunting, but it exists precisely to adjudicate disputes between taxpayers and the CRA as a neutral arbiter. In fact, relatively few cases reach this stage – as noted, most disputes are settled before this – but it’s an important option if you firmly believe the CRA is wrong or if the amount at stake is significant.

Deadline: You must generally file a Notice of Appeal to the Tax Court within 90 days of the CRA’s final decision (the notice of confirmation or new reassessment from Appeals). If you miss that, you can apply to the Tax Court for an extension within one year, but again, missing deadlines is risky. Assuming you file on time, the Tax Court process begins.

In Tax Court, you (or your lawyer) will present your case to a judge, and the Department of Justice lawyers will represent the CRA. Both sides can submit evidence and arguments. The judge will then make an impartial decision. The burden is on the taxpayer to prove that the CRA’s assessment is wrong, so preparation is key. This usually means compiling a strong factual case and legal arguments. Winning in Tax Court can be challenging, but many taxpayers have succeeded, especially when there’s clear evidence or legal support for their position.

It’s highly recommended to have a tax litigation lawyer if you go to court. Court rules and the presentation of evidence can be complex. A seasoned tax lawyer will know how to frame the issues, comply with court procedures, and persuasively argue on your behalf. Keep in mind that even after filing an appeal, settlements can still happen. It’s not uncommon for the Department of Justice and the taxpayer (through their lawyer) to negotiate a deal before the case actually reaches trial – sometimes the pressure of impending court prompts a compromise. But if there is no settlement, the Tax Court will issue a judgment which both you and the CRA must abide by. There are further appeal levels beyond Tax Court – Federal Court of Appeal, even the Supreme Court – but very few cases go that far.

Conclusion: You Can Fight the CRA – and We Can Help

Facing a CRA reassessment can be intimidating, but remember that you have tools and rights to fight back if the CRA is wrong. By following the steps above – reviewing your notice, communicating with the CRA, filing a timely objection with solid grounds, and pursuing an appeal if needed – you stand a good chance of achieving a fair outcome. The process may require patience (and paperwork), but it exists to protect taxpayers from mistakes or overreach.

Throughout this journey, don’t hesitate to seek professional guidance. Tax law can be complex, and the stakes are high. Our team of experienced Canadian tax lawyers is here to help you fight a CRA reassessment at every stage – whether it’s drafting a convincing objection, negotiating with CRA appeals officers, or representing you in Tax Court. We deal with CRA disputes regularly and know how to navigate the system effectively. If you’ve received a CRA reassessment and aren’t sure what to do next, or if you’ve already filed an objection and need advice on how to proceed, reach out to us for a consultation.