Tax Assessment Disputes

‍Initial Consultation and Case Evaluation

Understanding Your Situation: Fiszman Tax Law begins by reviewing your notice of assessment and any supporting documents. This helps them understand why the CRA assessed you the way they did and identify any potential reasons to dispute their findings.

Filing a Notice of Objection

Challenging the Assessment: If there's a valid case, they assist you in preparing and filing a notice of objection with the CRA. This document outlines why you disagree with the assessment and includes all relevant facts and evidence. It's crucial to file this within the legal deadlines—usually within 90 days from the date on your notice of assessment or one year after your tax filing due date.

Representation and Negotiation

Dealing with the CRA on Your Behalf: Fiszman Tax Law represents you in discussions and negotiations with the CRA's Appeals Division. Their aim is to resolve the dispute by presenting strong legal arguments, negotiating a fair settlement, and providing additional evidence if needed.

‍Appealing to the Tax Court of Canada

‍Taking the Next Step if Necessary: If the issue isn't resolved through the objection process, they can prepare and file an appeal to the Tax Court of Canada on your behalf. This involves drafting a notice of appeal, gathering all necessary evidence, and representing you in court. The appeal must be filed within 90 days of the CRA's decision on your objection.

Judicial Review

Challenging CRA's Decisions Beyond Assessments: In cases where the dispute involves the CRA's discretionary decisions—like refusing to waive penalties or interest—Fiszman Tax Law can seek a judicial review in the Federal Court. This process challenges whether the CRA acted reasonably in making their decision, rather than disputing the tax amount itself.

Ensuring Fair Treatment

Protecting Your Rights Throughout the Process: They ensure your rights under the Taxpayer Bill of Rights are upheld at every stage. This includes your right to fair treatment, timely and clear information, and the right to a formal review and subsequent appeal.