Can you file multiple years of income taxes together in Canada?
Yes, you can file income tax returns for previous years. But with opportunity comes some things to consider first, before you hit Netfile.
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Yes, you can file income tax returns for previous years. But with opportunity comes some things to consider first, before you hit Netfile.
Tax season is approaching. Soon, more than 30 million Canadians will be filing their tax returns. Most Canadians file their taxes every year but according to a paper from Carleton University, as many as 12% of Canadians don’t, and aside from missing out on tax refunds, this is costing many low income Canadian families access to tax-free benefits from federal and some provincial governments. In fact, everyone aged 18 and older should file a tax return—even if they have no income—to receive the federal GST/HST credit, access to the Canada Dental Benefit, the new Canada Dental Care Plan to be introduced in 2024 and in specific provinces, access to the Climate Action Incentive to offset the cost of carbon taxes at the pump.
“So even if [you’re an employee and] get multiple years behind, you may have lost out on some tax credits and some tax benefits, but you don’t owe the government a bunch of money,” says Andrew Wall, a Certified Professional Accountant and the managing partner at CPA4IT Professional Corporation.
Of course, Canadians who have received a formal notice to file from the Canada Revenue Agency (CRA) may face having to file multiple years of tax returns at once. That can be complicated, tedious and, worse, you could face late-filing penalties and interest imposed by the CRA on a balance due. Starting in 2024, those interest costs are very high: 10% for the first quarter. Bottom line: It always pays to file on time, and if a balance is due, to pay it off as soon as possible. Those penalty and interest charges can often grow into a bigger financial headache than the taxes themselves.
There are ways to get through the filing process quickly and easily using software or by paying a tax pro, but first, why do some Canadians avoid doing their taxes?
“The most common one is the ostrich reason,” says Wall. “They’re trying to put it out of sight, out of mind. They think if they just ignore the letters [from the CRA], they won’t have to deal with it.” Mailed and digital notices apply.
Wall says that it becomes even more stressful once people know they’re behind on their taxes. “They usually don’t deal with it until they have demand-to-files and CRA is threatening to freeze bank accounts, take legal action and all the fun stuff that they will do if you don’t pay your taxes.”
What he sees is that Canadians who fall behind tend to miss filing their tax returns not for just a year or two but for multiple years. It’s more common to see business owners and those with a side-hustle fall behind on their taxes as they have unique business expenses, deductions and credits compared to employees, who only have a T4 form to file. In addition, they have to pay for rising Canada Pension Plan premiums on their net self-employment income on their T1 return, if they are unincorporated.
Further, having a balance due of $3,000 or more automatically puts tax filers into a profile for paying quarterly instalments for the current tax year. This can also happen if you are receiving a lot of investment income, pensions or a taxable alimony payment; income sources that typically don’t have withholding taxes taken from them.
You have up to 10 years from the end of a calendar year to ask for adjustments for errors or omissions, which could generate refunds to pay your taxes due and those missed refundable tax credits, too. In some specific cases there may be relief from penalties and interest as a result of not paying your taxes, which you can apply for.
Not filing your taxes can be considered a crime (tax evasion) and that comes with big penalties (up to 200% of taxes owed), plus interest and even jail time. Tax evasion is the deliberate reporting of false records, claims and income. Gross negligence, however, is turning a blind eye to your filing obligations and while that is not a crime, it attracts a significant administrative penalty: 50% of the taxes owing plus interest.
The CRA straight up says, “You will be charged interest on any taxes that you owe if you pay late. You will also be charged a late-filing penalty if you have a balance owing and file your tax return late.”
There is a calculation based on the amount you owe and the timing. If you’re late with the most recent year and can’t pay it by the April 30 deadline, you will be charged compound daily interest as of May 1. The interest rate is based on the prescribed interest rate and is reassessed every three months, so your interest rate can change. However, here are the basic guidelines:
If you file late, you’ll pay 5% of your balance owing, plus an additional 1% for each full month that you file after the due date, up to a maximum of 12 months. Wall says, after that, you won’t be charged any more interest.
Now if you’re paying the late penalties for amounts owing from the previous three years and the CRA has made a formal request for a return, you will pay 10% on your balance owed, plus an additional 2% for each month that you file after the due date to a maximum of 20 months.
So, if you are paying tax debt over multiple years, it’s probably easier to pay off older years versus more recent years. That’s because interest compounds daily and those older debts could be attracting even more interest. Be sure to do the math.
The order which you start can be confusing. Wall recommends starting with the year after you stopped filing if you have to prepare multiple years of taxes. So, if you last paid taxes in 2017, he suggests filing for 2018, then 2019, until you have caught up. Don’t start with 2023 and then work back. MoneySense columnist Evelyn Jacks say you can go back as far as 10 years, but it’s best to start with the previous three years, which represents the normal statute of limitations for most people for CRA to assess returns.
An issue that can arise from this is missing documentation. If you are sole proprietor, such as a freelancer, keep your bank statements to verify income transactions, credit card and expenditure statements for a minimum period of seven years—the current tax year plus six previous years.
That’s important in an increasingly digital world. Hard copy does matter. For example, if you’ve closed bank accounts, says Wall, you may not be able to get the statements you need to file past years’ tax returns, especially if you don’t have the receipts or invoices.
If you just have a T4 and no claims for discretionary expenses like childcare, medical, moving expenses, donations or tuition fees, your documentation requirements will be simpler, but if you have those expenses to claim, you’ll need some kind of documented proof.
This is important because the CRA says all documents must be legible and reproducible. Wall says in some cases the documents, like medical expenses or receipts for a small business, don’t have to be original copies. It can be a scan—CRA is increasingly asking for electronic receipts. However, credit card or bank statements are not valid for these claims—you need to keep the receipts.
“You can go ahead and file a return and if you’re never audited, you might be fine,” he says. “But if you file the return and it gets audited, and you can’t produce the receipts, then they will deny those expenses, and could turn a refund into a balance due.” He says that usually, when someone is filing multiple years that are late, your probability of getting audited increases, especially if you’re self-employed. Filing late in those cases will attract those late filing and potentially gross negligence penalties to add to the tax burden.
Penalties and interest happen when you file late and owe the government money. They can also happen after an audit, when CRA disagrees with your claims.
In some cases, it is possible to plead “hardship” under the Taxpayer Relief Program. For example, if an extraordinary circumstance caused you to miss filing a return, such as a death in the family, serious illness or other serious circumstance. Certain delays in resolving an audit or incorrect information provided by the CRA may have caused you to be unable to fulfill your obligations, and you can apply for relief in those cases too. File the Form RC4288, Request for Taxpayer Relief Cancel or Waive Penalties and Interest to request relief. Sometimes financial hardship can be used as a reason for a relief request, but detailed records must be submitted.
But if you want to get prosecution relief, possible penalty relief and partial interest relief, you can take advantage of the Voluntary Disclosure Program. You have to voluntarily come forward to fix any mistakes in your tax filings before the CRA knows or contacts you about it. The program is open to any taxpayer, from individuals, employers, and corporations to partnerships and trusts.
You will have to pay the taxes owed plus either the full or partial interest, but you may receive some form of relief, based on the discretion of the CRA.
“The other thing is just dealing with the CRA and working out a payment plan,” says Wall. The CRA will work with you on a payment plan, even if your account has gone to collections. “Now they’re starting to charge you interest but at least they’re not going to take you to court and freeze accounts. But if you ignore them and you don’t deal with them, that’s exactly what they will do.”
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Now, after filing multiple years of taxes, you might wonder if you can prepay taxes, so you don’t find yourself in this situation again. You can, in a way, says Wall. “You absolutely can put installments into your tax account. Even if you’re not required to, you could make a deposit for 2024. Typically, if you have a credit balance sitting on your account, it will roll forward to the next year.”
He says that it may not be the best use of the money because while you have prepaid, you could put the money elsewhere to gain interest, then use it to pay your taxes. This includes guaranteed investment certificates (GICs), a high-interest savings account or better yet a tax-free savings account (TFSA), as you can earn tax-free investment income and pull out the money when needed on a tax-free basis too. You can do so without losing the TFSA contribution room, because you can recontribute later to continue earning tax-free income. There are rules to follow for the timing of recontributions, however.
One reason to file, even if you have a T4 and don’t own the government money, is the refundable and tax-free social benefits. There are government benefits that are tied to yearly tax filings such as the Canada Child Benefit, the GST/HST credit and the Canada Dental Benefit. To claim non-refundable credits, like the Disability Tax Credit, requires filing too. If you’re a Canadian investor, you’ll want to file to report capital losses to recover taxes paid in the prior or future years if the losses are not absorbed in the current year. You’ll also need to file to report the sale or disposition of your principal residence and to qualify to receive Old Age Security (OAS). Remember, you have to report worldwide income in Canadian funds and in some cases to report offshore investments, too.
Wall says that if you ever find yourself in a multi-year tax filing situation, reach out to an income tax professional who can help file your taxes and negotiate forgiveness and relief. Dealing with your taxes is better than the stress and potentially high penalty and interest payments you face due to avoidance.
In fact, it’s a good investment.
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Is there a list of tax experts in Ontario ? I need help with a few years of taxes and have been outside of Canada working with the govt. Thanks