Tax audits are stressful. However, audits occur quite frequently and are part of the day-to-day workings of the Canada Revenue Agency (CRA). Here is a guide to help take the fear out of an audit and to help ensure that your business is ready for one.
What can the CRA audit?
The CRA can selectively audit GST/HST and income tax returns, payroll records, and excise taxes and duties. The CRA generally can go back at least 3 years to audit a specific tax year.
How does the CRA select files for a business audit?
The conditions for audit selection are quite broad. According to the CRA, they look for “the potential for errors in tax returns or indications of non-compliance with tax obligations” in information they have on file. The CRA has a number of data scientists on staff who can compare your tax returns to other taxpayers in a similar business. In addition, material changes in how you file your return from prior years could also trigger questions from the CRA.
What can you expect when your business is audited?
In most cases, the audit will take place on site at your business. It is important to take any CRA inquiries seriously to prevent the scope of an investigation from increasing.
It is important to ask for clarification from the auditor where needed. You should provide only the documents they need and nothing more. Understand your rights as a taxpayer and don’t be afraid to assert yourself where appropriate. For example, if an auditor’s request would require an extensive amount of time to compile the requested documents, you can address this concern with the auditor. The CRA has committed to take into account the cost of compliance when administering tax legislation.
Before beginning the audit, the auditor will likely take the opportunity to first explain the audit process, learn about your business, tour your business premises, and ask to see your books and records.
The earlier you notify your BDO advisor of the CRA’s request for an audit, the better equipped everyone will be to help. Larger firms will have a Tax Controversy and Dispute Resolution Team that can assist, particularly if the audit becomes difficult.
What is the CRA auditor allowed to examine?
- previously filed tax returns;
- ledgers, journals, invoices, receipts, contracts, and bank statements;
- your personal records such as bank statements, mortgage documents, and credit card statements);
- the personal or business records of other individuals or entities not being audited (for example, a spouse, family members, corporations, partnerships, or a trust [settlor, beneficiary, and trustee]); and
- adjustments made by your bookkeeper or accountant to arrive at income for tax purposes.
The only documents the CRA cannot access are those that are protected by solicitor-client privilege.
What can you do to prepare your business for an audit?
- Maintain good records;
- Be knowledgeable and ask questions;
- Avoid giving the auditor free reign over your files;
- Be courteous and professional;
- Put your responses in writing;
- If you do have sensitive records subject to solicitor-client privilege, assert privilege.
Tax audits are a fact of life for any business, regardless of size or structure. An unfortunate fact, but a fact just the same. So don’t be afraid – be prepared.
Tax Partner at BDO Canada LLP
Scott Conner is an experienced tax practitioner and practical problem solver at BDO. As a partner specializing in Canadian income tax, Scott has particular specialties in private companies, planning for estates, trusts, and complex transactions. Scott works closely with his clients to understand their specific needs and adjust strategies accordingly. Scott and his team take a proactive, hands-on approach. They closely follow existing and proposed legislation to determine how it will affect individual financial goals, and provide ongoing guidance.
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