Stay on top of the CRA !!!

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Re: Stay on top of the CRA !!!

Post by devans156 on Thu 06 Nov 2014, 15:17

Went from a high waiting for my refund of almost $10000 after my reassessment was done to a low as they have messed up my file again and applied my refund to my original assessment before the T1198 was taken into account and now have me owing $27000. Can't these people ever do anything right. Not to happy right now.

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Re: Stay on top of the CRA !!!

Post by RobbieRoyal on Thu 06 Nov 2014, 15:49

JHC Devans I am totally floored, I assumed like you said earlier it is a great feeling putting this shit behind us, I think I swore sorry Teen
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Re: Stay on top of the CRA !!!

Post by Rifleman on Thu 06 Nov 2014, 19:16

Complete utter bullshit

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Re: Stay on top of the CRA !!!

Post by Trooper on Fri 07 Nov 2014, 07:15

From what I have seen so far in this whole cluster is simply that the system that revolves within the CRA itself does not show any accountability whatsoever it which ever way they choose to process our returns.

The number one problem that bothers me is that no attempts to contact any of us to alert us that some of our 1198's were not processed.

If you owe the CRA, they will let you know.
If they choose not to include our 1198, they will not let you know.

It is a system meant to recoup !!!

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Re: Stay on top of the CRA !!!

Post by pinger on Fri 07 Nov 2014, 23:11

devans156,

That's terrible, bloody terrible. I don't suppose your accountant has any ideas?  Hang in there.

@ TripleT wrote...  " I don't trust them as far as I can throw them!  " Good foresight, it's what I try to use. pinger.
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Re: Stay on top of the CRA !!!

Post by bigrex on Sat 08 Nov 2014, 10:16

Devans, that is the exact same thing that happened to me. When they initially failed to use my 1198, they said I owed $4000, so I requested the re-adjustment. I then waited for several months, even though I was told readjustments normally take 8 weeks to complete. Then when I finally got sick of waiting, and called the resolution centre, they told me that I was actually getting a refund of $1700, so I led to believe that the 1198 had created a difference of $5700. But once all the paperwork arrived, that "refund" was only applied to the amount that they said I already owed, still leaving me with a tax bill of over $2200.

one thing that really pissed me off was the woman at CRA, said to me that we had all received additional money as part of the settlemnt to pay for taxes, so that i should able to easily pay the bill. She had no idea that that extra money was a joke, and an insult. At 3.27%, my tax top up was only around $1500, then when you subtract the legal fees, and the 30% withholding taxes, I was only left with around $900 in my hand.
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Re: Stay on top of the CRA !!!

Post by Guest on Sat 08 Nov 2014, 10:23

Your post bigrex about the CRA ladys' comment is at the heart of the problems to date with processing these claims IMO. These (some not all) CRA employees see large amounts being paid out to class members and think we won the lottery. They don't understand the realities be it financial nor do they grasp the medical backgrounds that goes along with the settlements. So, they make assumptions, errors or omissions thinking we are all on a gravy train so we can handle the taxes  without or without the 1198 being processed.

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Re: Stay on top of the CRA !!!

Post by TripleT on Sat 08 Nov 2014, 11:20

Ran across this interesting article(dated 2010) from The Canadian Tax Journal that lends a more impartial, analytical examination with respect to the QRLSP. Not sure if Mr. Frankovics' suggestion of an amendment was ever considered, probably not, however all I need to do now is find a half- decent mathmetician to tell me if CRA short changed me, when I finally get my assessment, that is!

THE TAXATION OF RETROACTIVE LUMP-SUM PAYMENTS; THE PRACTICE AND THE POLICY

www.ctf.ca/ctfweb/Documents/PDF/2010ctj/10ctj1-frankovic.pdf


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Re: Stay on top of the CRA !!!

Post by RobbieRoyal on Sat 08 Nov 2014, 12:38

awesome find TTT but I couldn't add two belts of .50 cal bullets without stopping for a break lol
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Re: Stay on top of the CRA !!!

Post by Guest on Sat 08 Nov 2014, 13:31

TTT yup posted this a couple of times already along with many others a while ago when I was trying to explain that deemed tax DO EXIST so people could be prepared and put away the money for it. good to post it again thou its a good read and back then people had their heels dough in on the point they didn't exist so probably didn't bother to read it then.

the recommendations I believe were never even looked at .

im not a big fan of the recommendations anyway as they don't fully solve the issue.

propat

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Re: Stay on top of the CRA !!!

Post by Trooper on Sat 08 Nov 2014, 16:03

Rex,

The individual from the CRA that told you that you have received additional money from the settlement to pay for any extra taxes was in my mind, out of line.
It is not the mandate of the CRA to make assumptions on what they see as some sort of winfall that we, the Veterans, have received from our settlement.
To make any such comment would validate what Ralph has stated ( They make assumptions, errors or omissions thinking we are all on a gravy train so we can handle the taxes, with or without the 1198 being processed )

Further, as I have already stated in the past, the large number of 1198's that were sent to the CRA has literally pissed off a lot of CRA employees, these large number of 1198's clearly meant extra work for many employees, which I think resulted in many of them taken the easy way out, by simply not doing them.
This attitude, along with the lack of leadership to address the issue early on, is what I think lead to this whole cluster of and ordeal.

Further, It is not our job as Veterans to be telling them how to do their job, the CRA policy with respect to the 1198, is clear and concise.
The system has failed in this particular case.
The end result is that we, the Veterans, have been put through this in no way shape or form through any fault of our own, but from the agency who failed to take the proper measures early on to take control and address and or fix the problem.

Let me repeat what I have stated in the past with regards to Deemed taxes being applied to our 1198 calculations.
We as Veterans of this settlement were not charged any penalties from receiving our settlements, the 1198 is simply a filled out form provided to us to try and recoup some of our taxes that we have paid all in the one year (2013).
I realize that some are not happy having being charged this on our 1198 calculations, however, the fact of the matter is that the CRA followed the proper guidelines and procedures in applying these Deemed taxes to us, therefore, no tax relief will be granted from these Deemed taxes.

So for me personally, it is not the policy within the CRA that caused any amount of stress to me, on the contrary, I was extremely grateful of the policy which allowed for in our case, Manulife to send us all a completed 1198, to attach to our returns, which gave each and everyone of us the opportunity to recoup some funds.

It is simply the way in which the CRA itself handled our returns that caused me stress.
In my own opinion, all of this cluster could have been avoided to a large degree, if only the CRA had acted early on, to address these issues.
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Re: Stay on top of the CRA !!!

Post by TripleT on Sun 09 Nov 2014, 05:29

I contacted Mr. Frankovic(Tax Lawyer and author of the article I previously posted) via e-mail with a couple of questions, specifically, if there has been an amendment to the QRLSP provisions that he is aware of!? I received a reply as follows:

      Hi Mr. XXXXXXX, and thanks for the email. To answer your specific question, yes the method the CRA will be using is the same method that I described in the article. The rules have not been amended even though they should be.

One of the problems (in addition to the ones you’ve already encountered) is that the CRA does not have the authority to change the SLRP provisions. The Department of Finance enacts the tax laws, and the CRA simply enforces and administers them. So the change in the rules has to come from Finance – you and your colleagues might want to consider contacting them, as well as the Ministers of both departments - sometimes it takes political interest to get things done.

If it is of any assistance to your cause, you can certainly indicate that you corresponded with me, and that I am of the view the that SLRP provisions are wrong and need to be amended, because they overtax persons receiving these types of payments, including you and the other veterans.

Regards, Joe Frankovic


I also decided to e-mail the Minister of Finance and give him a heads up that a storm is brewing. I included the link to the CSAT thread "stay on top of the CRA". My purpose for that I guess, is if I am able to somehow convince Mr Frankovic or someone else willing to take on Finance/CRA, I can say with certainty that "they were aware" there is an issue with the QRLSP provisions. If the minister is in fact in a position to waive penalties and interest, perhaps a little public pressure might convince them to give us a break this time around, at least from "double taxing" of the interest portion of the QRLSP. I can't speak for anyone else, but that in itself would put a few thousand dollars more back into my bank account. I'm not suggesting for one minute I am going to "change" the tax laws, however maybe, just maybe I can get all those politicians on the hill discussing it again. I apologize to those individuals who have already received a favourable assessment and have managed to put all of this behind them. Clearly my intent is for an outcome that is beneficial to everyone. I intend to take Mr. Frankovics' statement that the "RLSP provisions are wrong because they overtax persons receiving this type of benefit" and I plan to run with it all the way to the Supreme Court if necessary...Unfortunately...or Fortunately, if there is a favourable decision, it may require that member's submit an additional T1 Adjustment Request to have their tax debt reduced further. More than likely this would/could take years to litigate as we are all aware, legal matters seem to take forever to come to any sort of conclusion.

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Re: Stay on top of the CRA !!!

Post by Guest on Sun 09 Nov 2014, 09:29

no we were not charged penalties or interest as I have stated years ago. yup it may look like them and walk and talk like them it even smells like them but man it sure aint them according to the CRA.

ya see if we were charged tax and penalties and interest we all could have applied to have them canceled and given the situation we all would have been successful.

ya that's right kiddies due to deemed tax and the fracked up way the the " FAIRNESS PROVISIN LOL " is written we get to pay more tax than we would now that if we were charged penalties' and interest . PRITTY COOL EHHHH!!!!

JUST FRACKIN WOUNDERFULL !!!!

never did here ANYONE complain about the 1198 on its premise but deemed tax well that's another issue .

the fact is if you are being issued an 1198 by an employer ore whoever chances are you as a recipient probably are not the one that fracked something up.

now their are some recommendations and good ones the ascetical seems to miss.

1. least likely ...eliminate the deemed tax altogether . yup that's not gonna happen

now they charge the cost of borrowing plus 2% . what the frack is the 2% for.

2. not likely at all .... eliminate the 2%

3. allow the elimination of deemed tax under the fairness provision . very likely in the court system.

4. yup the best for last just charge the deemed tax to the employer . wow their is a novel idea . businesses that like to withhold funds for years no longer having a penalty so they can keep up the practice all they want but having a penalty of deemed tax so not likely to keep up this practice.

and the GOC no longer in a position to profit from this very same practice witch is the case now but no profit in it at all . imagine not being able to profit from steeling peoples money I wonder if they would do it anymore if the incentive was gone.

charging the deemed tax to an employer is crazy I know but hey it just might work.

of course this is less likely with a party in power that is big business friendly and more likely with one that is not. so a sliding scale.

as for stress the whole fracking thing was stressful in my opinion what caused it was the GOC steeling our money in the first place without that we wouldn't have had to go through all this BS in the first place .

and for their sins we get to pay them deemed tax lol.

lovely fracking world aint it.

propat


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Re: Stay on top of the CRA !!!

Post by Guest on Sun 09 Nov 2014, 09:38

TTT you are my hero buds seriously . get er done may only mean a few hundered to a 1000 to me but their are some out their are into deemed tax for 20,000.00 to 40,000.00 . and im thinkin they would have no problem filling out a t-1 for that.

if you need any assistance WHATSOEVER you will have it from me .

you rock buds

propat

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Re: Stay on top of the CRA !!!

Post by Trooper on Sun 09 Nov 2014, 14:27

Triple T,

Again, great work on your dedication and determination in this matter.
I would also like to thank you for the effort you have put into this issue, make no mistake, you are without any doubt doing a great service to all Veterans involved in this settlement, in pursuing this matter.

With respect to Mr. Frankovic, I would also like to thank him for answering your e-mail, and given his thoughts as to where he stands on the issue, and also in given you permission to use his name in how he views the SLRP.

I would also like to say that I agree with Mr. Frankovic's views in this matter.

In my opinion It is clear as to why the Deemed taxes were implemented into the 1198 calculations.
The answer I think is simple, it is there for the government to recoup money.
Let's be realistic here, the government is not in the business of giving money here, when it comes to taxes, it's in the business of receiving money, this is one way to do just that.
That said, do I think that the Minister of Finance, will change and or amend this part of the tax law, in my view, it is highly unlikely.
However, the Minister can make and exception to have them waived in our particular case.
The question now becomes will the Minister act in our favor and waive these fees for us.
Well, the RC4288E has not resulted in our favor.
Perhaps, the e-mail sent to the Minister by Triple T, may have the Minister have a good look at it, if not to waive them for us, at least acknowledge it, and offer something to result in some type of benefits.
Also, the e-mail should raise the possibility of the Minister launching and investigation into how we were treated in the way the 1198's were processed by the CRA.
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