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GST — recognizing when a second objection had to be filed

My client was a home builder with no accounting training. His corporation was audited for 2002 to 2004, and the CRA auditor issued an assessment, denying certain deductions for rebates credited to new home purchasers (the auditor had not properly examined the rebate forms). My client filed a Notice of Objection, thinking he would deal with the matter on his own.

Meanwhile, my client completed and filed his corporation's quarterly GST returns for 2005. Over the year, due to input tax credits and new housing rebates he had credited to his clients, the four returns netted out to almost even (about $2,000 owing).

To his surprise, my client received a Notice of Assessment showing that he owed $140,000. He knew that CRA had gotten something wrong, but thought he would sort it out when his Notice of Objection was considered.

Six months later, the client wisely decided to consult me rather than waiting to speak to the CRA Appeals Officer.

I reviewed the various documents and realized that my client had not yet filed an objection to the 2005 assessments. If we did not act quickly he would forever lose the ability to file an objection, and would be stuck with a bill for over $150,000. (The normal objection deadline is 90 days. Beyond that, an extension of time is possible if certain conditions are met, but once one year has passed beyond the 90-day deadline, no objection can be filed.)

I filed an Application for Extension of Time, explaining the confusion and showing that my client thought he had an objection in place but did not realize that he had to file a separate objection to the 2005 assessment.

Along with the Application, I filed a detailed Notice of Objection explaining why the assessment should be reduced. Essentially, my client had claimed new housing rebates credited to purchasers on the "Rebates" line of the GST return, and they had been disallowed because the corporation was not entitled to any rebates. Although my client's action was understandable, it was wrong. These rebates credited to purchasers were "deductions from net tax" to the corporation, and belonged on a different line.

My Application for Extension of Time was accepted, and both the 2002-04 and 2005 assessments were considered together. The CRA Appeals Officer agreed with my submissions, and I also provided him with the evidence (rebate forms) necessary to eliminate most of the 2002-04 assessment.

Had I not filed for an extension of time, my client would have been stuck with a $150,000 bill for amounts that never should have been assessed in the first place.

Problem vanished!

(2007)