If you ask, “Can you declare bankruptcy on CRA debt?” It's always challenging to face the reality of being deep in tax debt. Nobody wants to owe the government, and settling any kind of tax that appears on your record is a priority for most. One common question is whether you can declare bankruptcy on Canada Revenue Agency (CRA) debt.
This article explores the nuances of debt, how it accumulates, and the various strategies available for managing and potentially discharging this due through bankruptcy.
How Does Your CRA Debt Accumulate?
CRA debt could accumulate when you fail to pay taxes on your business income and personal tax returns. This includes payments for harmonized sales tax (HST) for self-employed individuals and payroll deductions if you have multiple jobs.
The dues can build up quickly, and the agency is known for its aggressive collection methods, which could severely impact your financial situation.
CRA Debt: How Do You Know If You Have One?
A CRA debt is the money you owe to the Canada Revenue Agency. The CRA's collections are notably rigorous, and failing to address these dues can significantly disrupt your income flow. To determine if you have outstanding dues, you could contact the agency directly.
It's essential to check for overdue student loans, overpayments on Employment Insurance (EI), and Canadian Pension Plan (CPP) contributions.
1. Getting Out of a CRA Debt
Once you confirm that you owe the CRA, the next step is to explore ways to resolve the dues. It’s crucial to consider your options carefully, as dues are not something you could easily ignore.
2. Requesting a Payment Plan
Negotiating with the CRA isn’t an option; eventually, you must pay the dues. One viable solution is to request a payment plan. The agency can help you manage your finances by splitting the dues into more manageable payments. This approach allows you to control your money flow, although it's important to remember that interest will continue to accrue until the dues are fully paid.
3. Declaring Bankruptcy
If the pressure of paying the CRA becomes overwhelming, bankruptcy might be an option. Contrary to popular belief, you can include tax dues in a bankruptcy filing in Canada. Proper paperwork and documentation are essential to support your claim. Once you file for bankruptcy, both the agency and unsecured loan services are prohibited from contacting you for payment.
4. Consulting a Licensed Insolvency Trustee
Another alternative is to consult a Licensed Insolvency Trustee (LIT). These professionals can help you explore options to pay your dues and clear your dues faster. A LIT could assist in preparing a consumer proposal and consolidating your dues into a single payment plan. They can negotiate with the agency and other creditors to streamline the repayment process.
5. Does Bankruptcy Clear All of Your CRA Debt?
Bankruptcy can discharge most dues, but there are exceptions. For instance, if you owe more than $200,000 in taxes, you might not be eligible for an exemption. While bankruptcy could relieve you from dues, it doesn't clear all existing dues. Therefore, you must weigh whether bankruptcy is a better option compared to gradually paying off your dues with the help of a LIT.
Ways the CRA Collects Debt
The agency has several methods for collecting unpaid dues, depending on your financial situation and the due amount. These measures can be severe, highlighting the importance of addressing your dues promptly.
1. Freezing Bank Accounts
The CRA can freeze your bank accounts, directing your bank to forward your funds to the agency. This action could be financially debilitating, making it critical to settle your dues before the agency resorts to such measures.
2. Garnishing Employment Income
In some cases, the CRA can garnish a portion of your employment income, ranging from 50% to 100%. This could be particularly challenging for freelancers or contract workers who rely on their income for daily expenses.
3. Collecting and Selling Assets
The CRA can seize and sell your assets, including properties, vehicles, and other valuable possessions, to recover the debt. Working with a LIT might provide alternatives, but it's crucial to act before the CRA takes such drastic steps.
4. Stopping CRA Debt Collections Once and For All
Understanding how to permanently halt the severe actions the CRA can take to collect dues is crucial. Besides filing for bankruptcy, there are other strategies to prevent or halt CRA collection actions.
5. Paying Your Debt in Full
If you're able to pay your debt in full, this is the most straightforward way to stop the CRA from pursuing you. If you can generate the required funds through savings, loans, or other legal means, doing so could immediately stop collection efforts. Once your dues are settled, the CRA will cease all collection activities.
Proving That Debt Collection Is Causing You Harm
Another method to halt CRA collection activities is to prove that their efforts are causing you undue hardship. This requires a solid case and often the assistance of a bankruptcy lawyer.
If you could demonstrate that the CRA’s collection activities are severely impacting your ability to maintain basic living standards, there may be grounds to suspend the collection actions temporarily.
Get Professional Assistance If You Can
It’s never too late to seek help when dealing with financial issues. If bankruptcy appears to be the only solution to stop the CRA from collecting from you, getting help from Licensed Insolvency Trustees (LITs) can be a wise move. They assist you in preparing your claim and guide you through the bankruptcy process.
However, if you feel you can still manage your debt, LITs can help you prepare a consumer proposal. This alternative aims to consolidate your dues into a single, manageable payment plan, reducing the financial strain. A reliable LIT could provide the expertise needed to decide whether declaring bankruptcy on debt is the best option for your situation.
Can You Declare Bankruptcy on CRA Debt?
While it is possible to declare bankruptcy on debt, it’s a decision that requires careful consideration. The CRA’s collection methods could be aggressive, and the consequences of unpaid tax dues can be severe, including frozen bank accounts, garnished wages, and seized assets.
Deciding the best approach to handle debt will depend on your financial situation, the number of dues, and your ability to make payments. Can you declare bankruptcy on CRA debt?
Whether through bankruptcy, a payment plan, or a consumer proposal, taking steps to address your CRA debt is crucial to regaining financial stability and peace of mind.