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Tax Mechanic - Want a free giftcard? 🙌 - Five Bullet Fridays
In this edition: Get a giftcard in exchange for feedback, updates on the Aztec tax court case, and new mailing practises from the CRA...
Tax Mechanic
September 01, 2023
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We greatly appreciate your feedback - your voice helps us better understand how to help you.
Aztec Industries - how to use precedent cases
The Canadian tax system is notoriously complicated and rule-saturated - which is a disadvantage for the average taxpayer, but our superpower at the Tax Mechanic. We frequently use precedent cases, such as Aztec Industries Inc vs the Queen, to help you win your case.
In 1995, Aztec Industries appealed their case to tax court, claiming that the Minister erred in law for denying an application to extend time for filing notices of objection. The Minister’s reasoning was that there is a time limit of 90 days for filing a notice of objection after a notice of assessment has been mailed by the CRA to a taxpayer, and that time limit had expired by the time the objection was filed.
However, the representatives from Aztec industries alleged that the NOA was not mailed on the day stated by the crown.
Subsection 165(1) of the tax code outlines clearly how to resolve such a dispute when it arises:
Where as in the present case, a taxpayer alleges not only that he has not received the notice of assessment but that no such notice was ever issued, the burden of proving the existence of the notice and the date of its mailing must necessarily fall on the Minister; the facts are peculiarly within his knowledge and he alone controls the means of adducing evidence of them. A number of statutory provisions recognize the Minister’s burden in this respect and are clearly designed to alleviate it.
In plain english - if the Minister makes the claim that the notice of assessment was delivered on a particular date, it is up to them to provide adequate proof that the NOA was, indeed, delivered when they say it was.
Lo and behold, the Minister failed to provide evidence of the delivery, and the appeal was granted to Aztec industries.
If you need someone in your corner against the Tax Man, you know who to call.
Welcome Ramsha to the Tax Mechanic team!
Ramsha Qureshi has a bachelor's degree in finance and is currently pursuing postgraduate studies in business analytics. With a solid finance background, she excels in bookkeeping, QuickBooks, and Excel. Her proficiency in these areas highlights her capacity to handle financial complexities and utilize advanced tools for optimal financial management.
Ramsha Qureshi, as an Accounting Intern, brings a wealth of experience to Tax Mechanic with a strong background in finance and accounting. Her enthusiasm for learning and growth in a challenging yet supportive environment is an asset to our team. Ramsha's curiosity extends beyond work, as she enjoys discovering new places and acquiring new knowledge.
Welcome Ramsha to the team!
CRA call wait times still unreasonably high despite $400m investment boost
Getting an unexpected letter or call from the CRA is stressful enough, but its infinitely worse when you can’t get them on the phone to ask about it. CRA call centres experienced a high volume of complaints this year, with average wait times over 30 minutes but routinely lasting up to an hour.
The CRA has a target of getting to a caller within 15 minutes or less. The service standard threshold is 65 per cent of calls, yet as of the end of July, call centres were only hitting the target 31 per cent of the time - half of their goal.
This issue has persisted for almost 7 years. A federal audit conducted in 2016 found that call centre agents only answered the phone about one-third of the time.
The federal government allocated $400 million towards call centres to solve the problem of egregious wait times, and yet call centres are still no closer to achieving the service standard.
It can be incredibly frustrating to try and get a hold of the CRA when you have an urgent tax problem. If you need support, tax professionals like at the Tax Mechanic have the tools and experience to get you the information you need. You don’t have to deal with the CRA alone.
Read the full article here.
Media of the week - a podcast and a book
Check out the Tax Mechanic’s recommendations for financial literacy and personal development.
Shaan Puri talks with 3x #1 NYTimes Bestselling Author Mark Manson about the pitfalls of relying on pickup lines and cheesy routines, and the importance of embracing authenticity and natural approaches. He also delves into his approach to YouTube — turning the Mr.Beast model on it’s head and creating Youtube challenges that are story driven in a world of quick dopamine hits.
Published in 2016, the book contends that effective CEOs and leaders should focus on strategic thinking, delegation, and creating systems that allow them to achieve more while appearing “lazy” in the conventional sense. Schleckser argues that embracing this mindset can lead to improved decision-making, a more efficient organization, and sustainable growth.
Watch our new funny tiktok about writing off your vacation. Watch here.