Are you tired of worrying about tax penalties and the potential consequences of errors in your income tax returns or GST/HST filings? You're a busy health professional, and sometimes things like registering for GST/HST on time or reporting all your income sources may slip your mind. The Voluntary Disclosure Program (VDP) might be the answer you've been looking for. In this blog post, we'll explore the ins and outs of the VDP and how it can help you avoid penalties and stay on the right side of the tax law.

At Tyagi Group, we've helped hundreds of health professionals and clinics tackle their accounting, bookkeeping and tax filings and have seen our fair share of mistakes. We're here to help, so take a deep breath and let's dive into the world of voluntary disclosures!

But first, did you know that you can register for GST/HST early? Get our free guide “What New Health Professionals Need To Know About Registering Early for GST/HST” to learn if you should register early now!

Short Summary

The Voluntary Disclosure Program (VDP) provides relief from penalties and prosecution for errors or omissions in tax returns.
Eligibility requires the taxpayer to come forward voluntarily to disclose errors or omissions that are at least 12 months past due for filing or reporting, or without having been contacted by CRA.
Professional assistance can help ensure a successful resolution of tax issues while also helping navigate complex eligibility criteria and determine appropriate relief tracks.

Understanding the Voluntary Disclosure Program

The Canada Revenue Agency (CRA) offers a lifeline to taxpayers through the Voluntary Disclosure Program (VDP). This program is designed to provide relief from penalties and prosecution for errors or omissions in tax returns. The VDP covers a wide range of errors and omissions, including the following:

Failure to report all income earned, e.g. cryptocurrency gains, rental income income or cash payments from patients
Claiming expenses that are not eligible, e.g. claiming personal expenses as business expenses
Failure to register for GST/HST program and collect GST/HST when it is required
Collecting GST/HST from patients but not remitting it to the CRA
Overclaiming Input Tax Credits on your GST/HST return, particularly when you have exempt sales
Failure to remit source deductions for employees (e.g. CPP, EI)
Unfiled tax returns

VDP can be used for reporting any errors or omissions involving income tax filings, source deductions, duties under various statutes, or GST/HST filings. It aims at providing timely relief to taxpayers attempting to come into compliance with their respective tax obligations. Taxpayers include individuals, employers, corporations, partnerships and trusts.

But what exactly does this relief entail, and who is eligible for it? Let's break down the VDP to better understand its benefits and application process for your new health business.

Relief Provided

The VDP offers relief on a case-by-case basis to taxpayers who voluntarily come forward to correct inaccurate or incomplete information in their tax filings. The relief provided is determined by the nature of the error: unintentional mistakes are granted a more significant degree of relief than deliberate tax evasion. In some cases, the VDP can even reduce the interest owed by 50% for those years.

It's essential to understand that the relief provided by the VDP is not a one-size-fits-all solution. The extent of the relief depends on various factors, like the nature of the error and the specific circumstances of the taxpayer.

Application Eligibility

Not everyone can apply for the VDP. To be eligible your disclosure must be voluntary, meaning it must be made before you are contacted by the CRA regarding unpaid taxes

the delinquent and/or inaccurate filings are overdue by at least twelve months
the disclosure must be accurate and complete
you are at risk of penalties
you provide payment of the estimated taxes owed on applying

It's important to note that the VDP is not a "get out of jail free" card for tax evaders. To qualify for the program, the disclosure must be voluntary, meaning that you come forward before the CRA initiates any enforcement action against you. This highlights the importance of acting proactively and taking advantage of the VDP before it's too late.

Applying for the Voluntary Disclosure Program

Now that you have a better understanding of the VDP and its benefits, let's discuss the application process so you aren't taken by surprise. Applying for the VDP is done online and involves submitting an application before the CRA initiates any enforcement action against you.

However, it's not as simple as just filling out a form and waiting for relief to roll in. There are several important steps and requirements to be aware of during the application process, including paying estimated taxes upfront and providing documentation to support your application.

Online Application Process

The online application process for the VDP is straightforward. To begin, you'll need to complete the RC199 form and submit it to the CRA. Once they receive your application, the CRA will review it and determine your eligibility for relief.

It's crucial to keep in mind that the CRA estimates the average turnaround time for resolving VDP applications to be approximately 350 days. With this in mind, it's important to be patient and prepared for a potentially lengthy review process.

Required Documentation

When applying for the VDP, you'll need to provide supporting documentation, such as bank statements, invoices, receipts, investment statements, tax returns and other financial records. This documentation is important to demonstrate the nature of the errors in your tax filings and to support your case for relief.

Your supporting documentation is dependent on the omissions or errors you are disclosing. For example, if your disclosure involves unremitted or unreported GST/HST, relevant documentation include sales invoices, purchase receipts, bank statements and relevant GST/HST returns.

Accuracy and completeness are key when providing documentation and information for your VDP application. Failure to meet the requirements could result in non-compliance, leading to penalties, interest, and other repercussions

Payment of Estimated Taxes

As part of the VDP application process, you'll need to pay the estimated taxes due upfront. This payment is a demonstration of your commitment to fix your tax situation and is a requirement for eligibility in the program. Keep in mind that accurate estimations are crucial, as underestimating your tax liability could result in additional interest and penalties. It's essential to be thorough and precise when calculating your estimated taxes to ensure a smooth application process and maximize the potential relief you can receive. When estimating your taxes, ensure you don’t only include the original amount owed but also the estimated interest for late payment. For example, you not only include the GST/HST amounts you failed to remit to the CRA but also the interest charged by the CRA for the late remittances.

If you are financially unable to pay what is owed, you can request a payment plan with the CRA. Your VDP application cannot be processed without a payment or payment plan.

Types of Voluntary Disclosure Program

VDP applications fall into one of two programs: the General Program and the Limited Program.

The General Program is for applicants that are disclosing unintentional errors or omissions. If accepted under this program, you will not be charged penalties, you may be eligible for a reduced interest on the amount owed and you will not be referred for criminal prosecution.

The Limited Program is designed for intentional tax non-compliance. Corporations with revenues over $250 million in at least two of their last five taxation years are generally placed in the Limited Program. If accepted under this program, you will not be referred for criminal prosecution or charged for gross negligence penalties.

In evaluating whether the tax non-compliance was intentional, the CRA may consider the following:

The dollar amounts involved
The sophistication of the taxpayer
Efforts made to avoid detection

The Limited Program offers less comprehensive relief compared to the General Program.

Time Limits and Extensions

There is a 90-day time limit for providing information and documentation for disclosure after the CRA receives your completed application. While this time frame may seem tight, it's important to note that extensions may be granted in certain circumstances such as natural or human-made disaster, serious physical illness or injury, serious emotional or mental distress, and civil disruptions like a postal strike. Your extension request must be made in writing before your application is due and it should explain why you are requesting the extension - i.e. the circumstances beyond your control.

This time limit highlights the importance of acting efficiently when applying for the VDP. Being well-prepared and thorough in your application can help ensure a smoother process and reduce the risk of missing the deadline.

Ten-Year Limitation Period

The VDP is subject to a 10-year limitation period for granting interest relief. This means that the program can only provide penalty and interest relief for a maximum period of 10 years from the time of disclosure.Understanding this limitation period is crucial when applying for the VDP, as it can impact the extent of relief you can receive. It's essential to take this into account when considering your application and evaluating the potential benefits of the program.

Disclosing Foreign Assets and Cryptocurrency

As a Canadian taxpayer, you may have foreign assets or cryptocurrency holdings that need to be disclosed on your tax return. Failing to report these assets can result in high penalties, making it essential to understand the reporting requirements and potential consequences of non-compliance. The good news is that the VDP can be used to disclose such assets and receive relief from penalties and prosecution.

Let's delve into the reporting requirements for foreign assets and cryptocurrency, as well as the penalties for non-compliance and the benefits of using the VDP to disclose these assets.

Reporting Requirements

Canadian residents are required to report foreign assets if the total cost of all specified foreign properties held during the year exceeds $100,000. This includes assets such as bank accounts, investments, and real estate, as well as cryptocurrency holdings.

In addition to reporting these assets, taxpayers must also file a Foreign Income Verification Statement (Form T1135) with their tax return. Failure to do so can result in significant penalties.

Penalties for Non-Compliance

Failing to disclose foreign assets and cryptocurrency can lead to hefty penalties, including fines and possible jail time. These consequences highlight the importance of staying compliant with reporting requirements and rectifying any past errors or omissions.

Fortunately, the VDP provides an opportunity for taxpayers to come forward and disclose previously unreported foreign assets and cryptocurrency holdings, potentially receiving relief from penalties and prosecution. This makes the VDP an invaluable resource for those looking to rectify their tax situation and avoid the severe consequences of non-compliance.

Seeking Professional Assistance

Income Tax Support — Navigating the complexities of the Voluntary Disclosure Program can be daunting, especially when dealing with foreign assets and cryptocurrency. Seeking professional assistance, such as a chartered professional accountant, a tax lawyer, or Tyagi Group, can help ensure that your application is comprehensive, accurate, and compliant with all applicable regulations.

Let's explore the benefits of professional assistance in more detail.

Navigating Complex Eligibility Criteria

Obtaining professional help for your VDP application can ensure that your disclosure is comprehensive and accurate, which is essential for amending tax matters and taking advantage of relief under the program. Professionals can help you navigate the complex eligibility criteria.

In addition, professionals can provide guidance on the specific documentation and information required for your application, helping you avoid potential pitfalls and maximize the relief you can receive.

Representation in the Application Process

Having an authorized representative, such as a tax lawyer or accountant, can be invaluable during the VDP application process. These professionals can assist with completing the necessary forms and submitting the required documentation, all while ensuring that your application is submitted within the 90-day deadline.

Professional representation can also provide peace of mind, knowing that your application is being handled by an expert familiar with the intricacies of the VDP and the CRA's requirements. This can help reduce the stress and uncertainty often associated with tax matters and ensure a smoother resolution of your tax issues.

Summary

The Voluntary Disclosure Program provides a valuable opportunity for taxpayers to rectify errors or omissions in their tax returns, potentially avoiding penalties and prosecution. By understanding the VDP's eligibility criteria, relief options, and application process, as well as seeking professional assistance when needed, you can navigate the complexities of the program and achieve a more favourable tax outcome. Don't let the fear of tax penalties hold you back – take control of your tax situation and explore the benefits of the VDP today!

Learn the best time to register for GST/HST and what to do after with GST/HST For New Health Businesses: The online course to understand and meet your GST/HST requirements for your new Canadian health business. Learn More!

Frequently Asked Questions

What is the voluntary disclosure Program?

The Voluntary Disclosure Program (VDP) is a program provided by the Canada Revenue Agency (CRA) for non-compliant taxpayers. It allows individuals and businesses to correct errors or omissions in their tax filings without facing prosecution or penalty. As long as they make a full disclosure before being contacted by CRA for non-compliance, they can take advantage of this program.

What is the voluntary disclosure program for back taxes?

The Voluntary Disclosure Program (VDP) provides taxpayers with an opportunity to voluntarily come forward and correct errors or omissions in their tax filings before they are contacted by the Canada Revenue Agency (CRA). It is available to taxpayers who have failed to report all income, pay all taxes, file returns or remit amounts owing.

The program also allows taxpayers to pay any back taxes owed plus interest, as well as receive a potential reduction in penalties.

What are the conditions for voluntary disclosure?

Under the Voluntary Disclosure Program, taxpayers must demonstrate a willingness to comply with their Canadian tax obligations by providing a complete and verifiable application. They must also pay their outstanding taxes and interest in full.

By following these conditions, taxpayers can benefit from relief under the voluntary disclosure program.

What is RC199 form?

Form RC199, Voluntary Disclosures Program (VDP) Taxpayer Agreement, is a form that must be filled out and signed by a taxpayer who wants to use the Canadian Revenue Agency's (CRA) Voluntary Disclosures Program to rectify errors or omissions on their tax return. This form provides an agreement between the taxpayer and the CRA to come to an arrangement of taxes payable, thus avoiding prosecution and potential penalties.

By signing Form RC199, taxpayers can make the necessary corrections to their taxes in compliance with Canadian tax laws.