Sunday 16 June 2019

CRA moves to slash 'excessive' fees charged by disability tax credit companies

https://twitter.com/DavidRayAmos/with_replies





Replying to and 49 others
"The CRA believes it has found the right balance," Dany Morin said.
  
Yea Right Methinks Morin should ask his bosses about me versus KPMG ASAP N'esy Pas?


https://davidraymondamos3.blogspot.com/2019/06/cra-moves-to-slash-excessive-fees.html







https://www.cbc.ca/news/canada/nova-scotia/tax-credits-disabilities-cra-proposed-regulation-1.5172419





CRA moves to slash 'excessive' fees charged by disability tax credit companies





139 Comments
Commenting is now closed for this story. 


  

John Sollows
The business that has grown up around helping people apply for various government programs tells me that procedures need to be simplified. Under the current system. those who are the most needful stand to be marginalized the most.

Not OK.



David Amos
Reply to @John Sollows: "While we recognize that reaction from various stakeholders will be varied, the CRA believes it has found the right balance," Dany Morin said.

Yea Right 











Kenneth Hewer
and the KPMG gets a pass: CRA guest listed for every tax evasion gala held for the ultra rich.

Paul Whittaker 
Reply to @Kenneth Hewer: The bigger the graft the more likely the company will get away with it, a portion going to political donations and "trusts".

Arthur Seamon
Reply to @Paul Whittaker: Including trusts held by finance minister and Prime Minister. 


 

David Amos
David Amos
@Ken Likness I have a communication from Diane Lebouthillier as well It concerns my disgust towards the incompetence of these overpaid CRA bosses and the KPMG no joke Just Google

Diane Lebouthillier KPMG David Amos


---------- Original message ----------
From: "MinFinance / FinanceMin (FIN)" <fin.minfinance-financemin.fin@canada.ca>
Date: Wed, 30 Aug 2017 20:48:25 +0000
Subject: RE: Your various correspondence about abusive tax schemes - 2017-02631
To: David Amos <motomaniac333@gmail.com>

The Department of Finance acknowledges receipt of your electronic
correspondence. Please be assured that we appreciate receiving your
comments.

Le ministère des Finances accuse réception de votre correspondance
électronique. Soyez assuré(e) que nous apprécions recevoir vos
commentaires.


---------- Original message ----------
From: Green Party of Canada | Parti vert du Canada <info@greenparty.ca>
Date: Wed, 30 Aug 2017 20:48:45 +0000
Subject: Re: Fwd: Your various correspondence about abusive tax
schemes - 2017-02631
To: David Amos <motomaniac333@gmail.com>

-- Please reply above this line --

---------- Original message ----------
From: "Min.Mail / Courrier.Min (CRA/ARC)" <PABMINMAILG@cra-arc.gc.ca>
Date: Wed, 24 May 2017 13:10:52 +0000
Subject: Your various correspondence about abusive tax schemes - 2017-02631
To: "motomaniac333@gmail.com" <motomaniac333@gmail.com>

Mr. David Raymond Amos
motomaniac333@gmail.com

Dear Mr. Amos:

Thank you for your various correspondence about abusive tax schemes,
and for your understanding regarding the delay of this response.

This is an opportunity for me to address your concerns about the way
the Canada Revenue Agency (CRA) deals with aggressive tax planning,
tax avoidance, and tax evasion by targeting individuals and groups
that promote schemes intended to avoid payment of tax. It is also an
opportunity for me to present the Government of Canada’s main
strategies for ensuring fairness for all taxpayers.

The CRA’s mission is to preserve the integrity of Canada’s tax system,
and it is taking concrete and effective action to deal with abusive
tax schemes. Through federal budget funding in 2016 and 2017, the
government has committed close to $1 billion in cracking down on tax
evasion and combatting tax avoidance at home and through the use of
offshore transactions. This additional funding is expected to generate
federal revenues of $2.6 billion over five years for Budget 2016, and
$2.5 billion over five years for Budget 2017.

More precisely, the CRA is cracking down on tax cheats by hiring more
auditors, maintaining its underground economy specialist teams,
increasing coverage of aggressive goods and service tax/harmonized
sales tax planning, increasing coverage of multinational corporations
and wealthy individuals, and taking targeted actions aimed at
promoters of abusive tax schemes.

On the offshore front, the CRA continues to develop tools to improve
its focus on high‑risk taxpayers. It is also considering changes to
its Voluntary Disclosures Program following the first set of program
recommendations received from an independent Offshore Compliance
Advisory Committee. In addition, the CRA is leading international
projects to address the base erosion and profit shifting initiative of
the G20 and the Organisation for Economic Co-operation and
Development, and is collaborating with treaty partners to address the
Panama Papers leaks.

These actions are evidence of the government’s commitment to
protecting tax fairness. The CRA has strengthened its intelligence and
technical capacities for the early detection of abusive tax
arrangements and deterrence of those who participate in them. To
ensure compliance, it has increased the number of actions aimed at
promoters who use illegal schemes. These measures include increased
audits of such promoters, improved information gathering, criminal
investigations where warranted, and better communication with
taxpayers.

To deter potential taxpayer involvement in these schemes, the CRA is
increasing notifications and warnings through its communications
products. It also seeks partnerships with tax preparers, accountants,
and community groups so that they can become informed observers who
can educate their clients.

The CRA will assess penalties against promoters and other
representatives who make false statements involving illegal tax
schemes. The promotion of tax schemes to defraud the government can
lead to criminal investigations, fingerprinting, criminal prosecution,
court fines, and jail time.

Between April 1, 2011, and March 31, 2016, the CRA’s criminal
investigations resulted in the conviction of 42 Canadian taxpayers for
tax evasion with links to money and assets held offshore. In total,
the $34 million in evaded taxes resulted in court fines of $12 million
and 734 months of jail time.

When deciding to pursue compliance actions through the courts, the CRA
consults the Department of Justice Canada to choose an appropriate
solution. Complex tax-related litigation is costly and time consuming,
and the outcome may be unsuccessful. All options to recover amounts
owed are considered.

More specifically, in relation to the KPMG Isle of Man tax avoidance
scheme, publicly available court records show that it is through the
CRA’s efforts that the scheme was discovered. The CRA identified many
of the participants and continues to actively pursue the matter. The
CRA has also identified at least 10 additional tax structures on the
Isle of Man, and is auditing taxpayers in relation to these
structures.

To ensure tax fairness, the CRA commissioned an independent review in
March 2016 to determine if it had acted appropriately concerning KPMG
and its clients. In her review, Ms. Kimberley Brooks, Associate
Professor and former Dean of the Schulich School of Law at Dalhousie
University, examined the CRA’s operational processes and decisions in
relation to the KPMG offshore tax structure and its efforts to obtain
the names of all taxpayers participating in the scheme. Following this
review, the report, released on May 5, 2016, concluded that the CRA
had acted appropriately in its management of the KPMG Isle of Man
file. The report found that the series of compliance measures the CRA
took were in accordance with its policies and procedures. It was
concluded that the procedural actions taken on the KPMG file were
appropriate given the facts of this particular case and were
consistent with the treatment of taxpayers in similar situations. The
report concluded that actions by CRA employees were in accordance with
the CRA’s Code of Integrity and Professional Conduct. There was no
evidence of inappropriate interaction between KPMG and the CRA
employees involved in the case.

Under the CRA’s Code of Integrity and Professional Conduct, all CRA
employees are responsible for real, apparent, or potential conflicts
of interests between their current duties and any subsequent
employment outside of the CRA or the Public Service of Canada.
Consequences and corrective measures play an important role in
protecting the CRA’s integrity.

The CRA takes misconduct very seriously. The consequences of
misconduct depend on the gravity of the incident and its repercussions
on trust both within and outside of the CRA. Misconduct can result in
disciplinary measures up to dismissal.

All forms of tax evasion are illegal. The CRA manages the Informant
Leads Program, which handles leads received from the public regarding
cases of tax evasion across the country. This program, which
coordinates all the leads the CRA receives from informants, determines
whether there has been any non-compliance with tax law and ensures
that the information is examined and conveyed, if applicable, so that
compliance measures are taken. This program does not offer any reward
for tips received.

The new Offshore Tax Informant Program (OTIP) has also been put in
place. The OTIP offers financial compensation to individuals who
provide information related to major cases of offshore tax evasion
that lead to the collection of tax owing. As of December 31, 2016, the
OTIP had received 963 calls and 407 written submissions from possible
informants. Over 218 taxpayers are currently under audit based on
information the CRA received through the OTIP.

With a focus on the highest-risk sectors nationally and
internationally and an increased ability to gather information, the
CRA has the means to target taxpayers who try to hide their income.
For example, since January 2015, the CRA has been collecting
information on all international electronic funds transfers (EFTs) of
$10,000 or more ending or originating in Canada. It is also adopting a
proactive approach by focusing each year on four jurisdictions that
raise suspicion. For the Isle of Man, the CRA audited 3,000 EFTs
totalling $860 million over 12 months and involving approximately 800
taxpayers. Based on these audits, the CRA communicated with
approximately 350 individuals and 400 corporations and performed 60
audits.

In January 2017, I reaffirmed Canada’s important role as a leader for
tax authorities around the world in detecting the structures used for
aggressive tax planning and tax evasion. This is why Canada works
daily with the Joint International Tax Shelter Information Centre
(JITSIC), a network of tax administrations in over 35 countries. The
CRA participates in two expert groups within the JITSIC and leads the
working group on intermediaries and proponents. This ongoing
collaboration is a key component of the CRA’s work to develop strong
relationships with the international community, which will help it
refine the world-class tax system that benefits all Canadians.

The CRA is increasing its efforts and is seeing early signs of
success. Last year, the CRA recovered just under $13 billion as a
result of its audit activities on the domestic and offshore fronts.
Two-thirds of these recoveries are the result of its audit efforts
relating to large businesses and multinational companies.

But there is still much to do, and additional improvements and
investments are underway.

Tax cheats are having a harder and harder time hiding. Taxpayers who
choose to promote or participate in malicious and illegal tax
strategies must face the consequences of their actions. Canadians
expect nothing less. I invite you to read my most recent statement on
this matter at canada.ca/en/revenue-agency/news/2017/03/
statement_from_thehonourabledianelebouthillierministerofnational.

Thank you for taking the time to write. I hope the information I have
provided is helpful.

Sincerely,

The Honourable Diane Lebouthillier
Minister of National Revenue


CRA moves to slash 'excessive' fees charged by disability tax credit companies

It's been 5 years since legislation passed to tighten rules around firms that help Canadians apply

 

Yvonne Colbert · CBC News · Posted: Jun 14, 2019 6:00 AM AT 



Cathy Publicover of Eastern Passage, N.S., said she welcomes proposed regulations to limit how much companies can charge to help Canadians apply for the disability tax credit. (Dave Laughlin/CBC)

The Canada Revenue Agency is proposing to dramatically slash what it calls "excessive" fees some companies charge to help Canadians apply for the disability tax credit, nearly five years after it was told to do so.

The move, which according to the CRA could put millions of dollars back in the hands of disabled people, is being applauded by some advocates, but panned by companies that last year collected up to $25 million in fees.

"The government of Canada decided that measures were needed to protect Canadians living with disabilities and their supporting family members from being charged more than what is considered adequate compensation for the services rendered," according to a CRA analysis released earlier this month.



More than a million Canadians receive the disability tax credit, which can be worth thousands of dollars and is designed to provide help for people who have mental or physical impairments that are "severe and prolonged."

Up to 40% in contingency fees


Over the years, businesses have sprouted up to help people apply for the tax credit. They charge anywhere from 15 to 40 per cent in contingency fees and last year collected between $9.5 million and $25.4 million, according to the CRA.

The proposed restrictions will significantly reduce that take. Companies will only be permitted to charge $100 for an application to determine eligibility, another $100 to actually apply, and then $100 for each year the credit is retroactive.



One of the biggest disability tax credit companies in Canada is National Benefit Authority. It has advertised in Halifax. (Susan Allen/CBC)

There have long been calls for a crackdown. Legislation introduced by the Harper government in 2014 intended to tighten the rules, but it's only now that federal officials have released draft regulations.

"I think it's a great change," said Eastern Passage, N.S., resident Cathy Publicover.

Publicover has several disabilities and initially sought the help of a Toronto company called National Benefit Authority to apply for the tax credit. But after being told the company would charge her 30 per cent to submit the application, she decided to do it herself. She found it easy and simple to complete.
"At that time it would have taken $970 from me," Publicover said, adding it is money she uses to pay for her medication and other health-related bills.

Those who apply for the disability tax credit are required to fill out a small portion of a form with their personal information, while the remainder is completed by the patient's doctor or nurse practitioner.


Patrick Curran, national executive director of Independent Living Canada, calls fees in the thousands of dollars "unconscionable." (Submitted by Patrick Curran)


Companies currently charge as much as $4,663 to help an adult, and $7,383 for an eligible minor, depending on the amount of the disability tax credit and the number of retroactive years, according to the CRA.

Those kinds of fees are "unconscionable," said Patrick Curran, the national executive director of Independent Living Canada. The organization advocates for the disabled and has 25 offices across the country that help people fill out the disability tax credit (DTC) forms for free.

"Our position has been that there should not be any charge whatsoever for the filing of an application for a DTC," Curran said.

He welcomes the proposed changes and said he's fine with setting the fee at $100 an application.


Monique Brooks operates a one-person business helping people apply for the disability tax credit. She said the process can take more than a year and she doesn't get paid if the tax credit is not approved. (Paul Brooks)

But Monique Brooks, who owns and operates Disability Tax Credit Consultant Services in Harrowsmith, Ont., told CBC she was "horrified" when she learned about the plan to replace contingency fees with a $100 flat rate per application.

"Some of these businesses have employees and so therefore it's going to cause job loss," she said.
One of the biggest companies is National Benefit Authority. It has not replied to a request to comment on this story.

Brooks, however, is a one-person operation.
She charges 20 per cent for helping people access the disability tax credit, although she said she provides free advice in other areas where people may need help. She said the government makes people in her business sound like "we're vultures, and it makes it sound like we're taking advantage of the disabled."

She said while that may be partly true of some companies, people who are denied the tax credit need help reapplying from those who know "the ins and outs of the system."

She said 20 per cent is reasonable because "that same Canadian without my support might have a 90 per cent chance of being denied and then they would get zero."



The Canada Revenue Agency said it is working to simplify the disability tax credit application process. (Sean Kilpatrick/Canadian Press)

She said the application process is not as easy as the government makes it sound, and she's spent two-and-a-half years helping applicants get approval. She notes she does not get paid until the application is approved and receives nothing if it's rejected.

The executive director of an organization that represents companies like Brooks's calls the regulations "an unprecedented move."

Nicola Moorhouse, with the Association of Canadians Disability Benefit Professionals, said in a news release that taxes are complicated and "dealing with CRA can be a nightmare."

She said the direct result will be unavailability of services to disabled Canadians, near total job loss within the industry and fewer benefits for those who need them most.

"It should be obvious that the intent and effect of the proposed regulations is to wipe out the service-provider business and reduce the availability of the DTC to disabled Canadians." Moorhouse said.

CRA 'balancing act'


A CRA spokesperson calls the regulations "an important balancing act." On the one hand, it wants to protect persons with disabilities, who can be some of Canada's most vulnerable people, but it also recognizes that some may need help with their tax credit requests and that companies can play a role.

"While we recognize that reaction from various stakeholders will be varied, the CRA believes it has found the right balance," Dany Morin said.
He added the CRA is also continuing to work to simplify and clarify the disability tax credit application process and expects to make significant progress on this front in the coming months.

Morin said once the consultation period has ended, the CRA will consider the feedback and may revise the proposal. It will then be up to the minister of national revenue to approve it.

About the Author



Yvonne Colbert
Consumer Watchdog
Yvonne Colbert has been a journalist for nearly 35 years, covering everything from human interest stories to the provincial legislature. These days, she's focused on helping consumers get the most bang for their bucks and avoid being ripped off. She invites story ideas at yvonne.colbert@cbc.ca.


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1 comment:

  1. Liked the article. I got an email from that National Benefit Authority saving I should pay them $50 to protect my credit limit. I’m so broke now I don’t care about that anymore. Since I lost my house I guess they can’t find me anymore! Email doesn’t say why I should pay them!

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