- No Prosecution
- No Penalties
- Peace of Mind
- Interest Reduction
Tax Problems ?
Fix the following through the Voluntary
Unfiled Tax Returns
A taxpayer who makes a voluntary disclosure or tax amnesty Canada application...Read more
We are your Toronto Tax Lawyers
Income Tax Voluntary Disclosure Application
Procedures for Filing
Formal written retainer to ensure privilege and confidentiality
Voluntary Disclosure application submitted with basic information as soon as possible
We formally retain accountant on your behalf to maintain solicitor-client privilege
90 days to submit detailed information; apply for time extension if needed
Planning to file a Voluntary Disclosure Application ?
Hire a Top Toronto Tax Law Firm
The Voluntary Disclosure Program, also known as Canadian tax amnesty, allows taxpayers with unfiled Canadian income tax returns or unreported income to correct incomplete or inaccurate information, or disclose information that has not been reported in previous dealings with the CRA (Canada Revenue Agency). Taxpayers can avoid being prosecuted or penalized by making a valid voluntary disclosure.
Tax problems ?
Fix the following through the Voluntary Disclosure Program
CRA does not prosecute VDP applicants
There is no sinister "tax man" or "tax police" in dark glasses waiting to pounce on you and throw you in jail for tax evasion or not filing tax returns if you do a VDP Application. CRA does not prosecute VDP applicants. The purpose of the Canada tax amnesty program is to encourage Canadian taxpayers to voluntarily comply with their income tax obligations. Prosecution would be contrary to the goals of the VD program and contrary to the published guidelines (binding on CRA) that make it clear there will be no prosecution.
The latest published statistics shows that during 2012-2013, 71 income tax and GST/HST investigations were referred to the Public Prosecution Service of Canada (PPSC) for prosecution, compared to 120 cases in the previous year. As a result of referrals to the PPSC (current and previous years), 128 cases resulted in convictions for tax evasion or fraud in 2012-2013. 15,133 Voluntary Disclosures were processed in 2012-2013, while 14,624 Voluntary Disclosures were processed in 2013-2014.
These prosecutions were for taxpayers who were caught evading taxes, or who were sent requests and demands to file tax returns and ignored the demands. The prosecutions are NOT as a result of submitted VDP applications.
Income Tax Voluntary Disclosure Application Conditions to be met
Must be Initiated by YOU
To qualify under the program, you must initiate the voluntary disclosure or Canada tax amnesty application. If CRA has begun audit or enforcement action, or has demanded that returns be filed, the disclosure is not considered to be voluntary and full penalties will be applied. A computer generated request for a return may not always disqualify you from benefiting from the program.
Must include enough details
The disclosure must include enough details to allow all of the facts to be verified.
Pay the total amount or Make acceptable payment arrangements
After acceptance the taxpayer must pay the total amount of any taxes and interest owing at the time of disclosure, or make acceptable payment arrangements. Bankruptcy or a Consumer Proposal may be an option.
Our experienced Canadian tax lawyers will work with you and the CRA collections officer to enter into a suitable payment arrangement or will refer you to a trustee in bankruptcy.
Your Voluntary Disclosure Application
When is it Valid?
- CRA determines that the disclosure is voluntary;
- The disclosure involves a penalty;
- CRA determines that the disclosure is complete;
- The disclosure must include information that is:
- At least one year past due, or
- If less than one year past due, not initiated simply to avoid the late filing or instalment penalties.
CRA allows us to approach them on your behalf without revealing your name to negotiate the terms of your voluntary disclosure. We have 90 days from the time we make the no-names disclosure to reveal your name. Once your identification is provided to them they will review their files to see if you qualify for the program. The no-names disclosure is sometimes helpful, and we use it in appropriate circumstances
Income Tax Voluntary Disclosure Application
When Incomplete ?
If the disclosure is incomplete, the disclosed information will be considered to be voluntary. However, the taxpayer will be subject to civil penalties or prosecution relating to any substantial undisclosed amounts. You are only required to make your reasonable best efforts to supply all necessary information
The Voluntary Disclosure Program, also known as Canadian tax amnesty, allows taxpayers with unfiled Canadian income tax returns or unreported income to correct incomplete or inaccurate information.
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What our clients are saying?
I did not know that eBay income was taxable, so I did not report it. Then I read about the CRA investigation of eBay and realized that I had a problem. I did some on-line research and found out about the voluntary disclosure program, and I retained the firm of Rotfleisch & Samulovitch as my tax lawyers to represent me. They submitted the tax amnesty application on my behalf, but CRA rejected it for 2 reasons. First, they had sent me a letter about an audit, but I never received it because it went to an old address. Second my bookkeeper made mistakes in the tax returns we submitted to complete the VD. David Rotfleisch, CPA, JD and his team submitted a second level voluntary disclosure review application arguing in detail why CRA was wrong and my voluntary disclosure should be accepted. CRA accepted his arguments and processed the VD with no penalties and reduced interest. If I had originally gone to an accountant I’m sure there would have been a different result. I am delighted with his services and results, and do not hesitate to recommend him.
CRA assessed me for over $140,000 in tax liabilities due to payments from my husband when he had his own taxes owing. My accountant filed a Notice of Objection on my behalf, but CRA wrote back denying my appeal and giving me 30 days to make further submissions. I went to a trustee in bankruptcy to deal with my tax debt and he referred me to a Toronto tax lawyer, David Rotfleisch. David reviewed my file and said that the accountant did not make the proper legal arguments. He and his team submitted a detailed 13 page submission to the appeals officer. CRA accepted the arguments made on my behalf and eliminated all of my taxes owing. I could not be happier with the result and recommend David to anyone with tax problems.
What other professionals are saying?
My professional accounting practice consists of individuals and small to large business clients. I'm a Chartered Public Accountant, Certified General Accountant, Certified Public Accountant in the U.S.A. and a member in the Association of Chartered Certified Accountants in the U.K. My clients are often in need of a Canadian tax or business lawyer either to carry out tax planning to reduce taxes owing or to dispute CRA assessments. I have been working with David Rotfleisch for more than 5 years and he is my only choice for legal tax assistance. He is effective, responsive and very committed to solving my client's tax issues. I would not consider going to another tax lawyer for assistance.
I am a bankruptcy trustee and have known David for a number of years and worked professionally on a number of matters with him and have even hired him for tax advice on personal matters. I am happy to report that I rarely meet someone with such a powerful combination of both up to date technical knowledge and practical street sense. David gives answers , to the point and and answers which have immediate practical use - what more could you ask for?
I consider David Rotfleisch, a Toronto tax lawyer, to be my mentor, and turn to him for advice in complex situations. I'm a tax and business lawyer with my own practice in Hamilton. Whenever I have a new or complex situation I ask David for his assistance. He is always willing to listen and to help and provides me with invaluable practical and technical advice.