Examples of the types of assessments, reassessments, and actions that are excluded from the scope of Hours of Service provided under the Plan are as follows.
Investigations undertaken by the Special Investigations Unit of the Canada Revenue Agency or by any other tax authority, and any charges laid for allegedly committing any criminal or quasi-criminal offence under any taxing statute (i.e. tax evasion investigations or charges) or any other law, do not fall within the scope of the Hours of Service provided under the Plan.
Any assessment or reassessment of taxes owing that arises because you purchased or participated in a tax shelter is excluded from the Hours of Service provided under the Plan.
However, as a general rule, the promoters of such tax shelters create a fund in order to assist their clients in the event of a tax audit or reassessment of the tax shelter. If you are audited, assessed, or reassessed as a consequence of your participation or involvement in a tax shelter, you should contact the promoter of the program to find out what assistance they are able to provide to you.
If you undertook or participated in any transaction or series of transactions for the primary purpose of reducing the income tax payable by you and the planning that went into the transactions or series constitute abusive tax planning, the Canada Revenue Agency or any other tax authority may reassess you on the basis of the General Anti-Avoidance Rule (a “GAAR Assessment”). GAAR Assessments are excluded from the Hours of Service provided by Sixth Sphere under the Plan.
In certain circumstances, the Canada Revenue Agency will assess or reassess the income taxes owing by a taxpayer based upon the net worth of the taxpayer. Such assessments or reassessments are generally raised only in circumstance where, without reasonable explanation, the taxpayer’s net worth greatly exceeds the income that the taxpayer previously reported on his or her income tax returns. The authority for the CRA to raise such assessments or reassessments is found in subsection 152(7) of the Income Tax Act (Canada). Such net worth or arbitrary assessments or reassessments do not fall within the scope of the Hours of Service provided by Sixth Sphere under the Plan given that (a) a Plan Member’s membership fee is based, in part, upon the information contained in the Member’s income tax returns, and (b) such net worth or arbitrary assessments are extraordinary actions taken by the CRA in circumstances where it would appear that a taxpayer has significantly misreported or under-reported his or her income.
The Canadian Tax Audit Protection Plan is designed to assist and advise individual Canadians in respect of audits and reassessments by the Canada Revenue Agency of normal income tax payable under Part I of the Income Tax Act (Canada) and the equivalent provincial income tax payable under equivalent provincial income tax laws that are administered by the Canada Revenue Agency. Currently, corporations and other entities are not entitled to become Members of the Plan.
However, if you are a 2008 Member of the Plan and you carry on business through a corporation that you control, you and your corporation can still benefit from your membership in The Canadian Tax Audit Protection Plan. If
Your corporation can still benefit from the 20 per cent reduction off of Sixth Sphere’s or a Plan Participating Law Firm’s normal hourly rates should you choose to retain Sixth Sphere or a Plan Participating Law Firm to assist, advise, or represent your corporation in respect of such an audit or reassessment.
The Canadian Tax Audit Protection Plan is designed to provide legal assistance individual Canadians in respect of audits and reassessments by the Canada Revenue Agency of normal income tax payable under Part I of the Income Tax Act (Canada) and the equivalent provincial income tax payable under equivalent provincial income tax laws that are administered by the Canada Revenue Agency. Audits, assessments, and reassessments of other forms of taxes (i.e. payroll source deductions, CPP/EI, GST/HST, Part XIII Withholding Taxes, etc.), or of taxes administered by tax authorities other than the CRA (i.e. provincial sales taxes, Quebec personal income taxes, etc.) are excluded from the scope of the Hours of Service provided by Sixth Sphere under the Plan.
The Income Tax Act (Canada) and other taxing statutes contain provisions that allow the CRA to assess a person for the tax liability of others. For example: