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Overview of CRA Compliance Regime
December 2012
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What Constitutes Compliance
Taxpayers comply with tax laws when they: Register when required to do so (businesses) File the required returns on time Report complete and accurate information Remit the amounts owing when due Non-compliance occurs when any of these obligations are not met Registration – GST more than $30,000 must register
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Compliance is Everybody’s Business
Taxpayer Responsibility Canada’s tax system is built on the concept of voluntary compliance and self-assessment. Taxpayers are responsible for reporting their own assessment of income, expenses, and taxes owing prior to being reviewed by the Agency. CRA Responsibility Compliance is an Agency-wide responsibility that requires a horizontal approach to the facilitation of taxpayer compliance. The role of the Agency is to ensure that non-compliance is detected and addressed. Our role is also to ensure that taxpayers voluntarily comply without the need for Agency intervention. This slide lays out the responsibilities of both taxpayers and the CRA. Read slide End with: Compliance is everybody’s business – a shared responsibility Compliance is everybody’s business – a shared responsibility
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Business Context / Operating Environment
THE MISSION OF THE CRA - COMPLIANCE Legislative framework with scope for different interpretations of tax laws Increasingly complex tax arrangements requiring new staff skills Advanced in computer technology Strategic partnership opportunities International Domestic Public expectation that everyone pays fair share Business practices moving to globalization and electronic commerce Global and Canadian economy influences compliance Public attitudes to government and acceptance of underground economy CRA’s ability to control or influence these factors
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CRA’s Approach to Compliance
In order to properly carry out our mandate, the Agency must understand the taxpayer and must have a responsive approach to promoting compliance and deterring non-compliance. This approach includes the following: Understanding taxpayers - Segmentation The CRA has a sophisticated approach to defining and understanding the taxpaying public – we segment our taxpaying population in a variety ways. For example: Type of tax return (T1, T2, T3, GST/HST, etc.) Size of business (based on revenue) Industry sector Geography (provincial, domestic, international) Taxpayer filing history Research We conduct in depth research to update and improve our understanding of the drivers and mechanisms of non-compliant behaviour using the following: Experts – UE specialists, centres of expertise, economists Research – random audit program, compliance review studies, UE projects Data mining – internal/external data to develop predictive models Our approach to compliance begins with understanding the taxpayer. Read slide The research around the segmentation process clearly identifies that not all taxpayers approach their tax obligations in the same way. For example, the construction industry represents a much higher risk of non-compliance than the T4/T1 population who have their taxes taken at source, which we categorize this segment as lowest risk segment. Finish slide with final sentence Therefore, the CRA has developed different approaches to compliance that ensure taxpayers understand and comply with their obligations under the self assessment system.
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CRA’s Approach to Compliance (continued)
Once we understand the taxpayer’s behaviour and the associated risks, we develop tools and apply the appropriate measures to the four basic taxpayer compliance types: Compliers Assisted Compliers Contingent non-Compliers Non-Compliers Depending on where the taxpayer falls on what we refer to as the Compliance Continuum, determines the appropriate level of intervention. Our goal is to identify intervention early on and take appropriate action to prevent taxpayers from becoming non-compliers. It’s much cheaper to promote compliance than it is to combat non-compliance. The great majority of taxpayers are compliant. What we call Assisted compliers sometimes require minor intervention. As an example: a taxpayer that has failed to include a tax slip in their return Contingent non-compliers require more targeted intervention such as post assessment, audits and communication messages to warn of the consequences of non-compliance. Our compliance focus is on moving the contingent non-compliers and assisted compliers into the realm of full compliance. Non-Compliers there is approximately 8% of the tax base that we refer to as non-compliers who regardless of the intervention, will remain non-compliant, which falls inline with other tax administrations.
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The Compliance Continuum
Cost of Treatment Taxpayer Behaviour -The compliance continuum illustrates that as taxpayer behaviour becomes more non-compliant, the associated cost of treatment rises. Facilitation and service are low cost interventions whereas audit, investigations, prosecutions are high cost treatments. -This also represents the various branches of the agency that focus on compliance activities. - Post assessing – example we ask for receipts to verify expenses Agency Taxpayer Population Contingent Non-Compliers Compliers Assisted Compliers Non-Compliers Service Filing options Enquiries Outreach Easily available information Matching Post Assessing Direct Assistance Audit Communications Tax alerts with consequences of non-compliance Compliance results and actions Investigation Prosecution Fines / Penalties
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Contingent Non-Compliers
Compliance Programs Branch The mandate of the Compliance Programs Branch (CPB) is to detect and deter non‑compliance. Core program areas include: International and Large Business Aggressive Tax Planning Transfer Pricing Large business Small and Medium Enterprises Underground Economy Small and Medium Business Specialty Audit Enforcement and Disclosures Voluntary Disclosure Program Criminal Investigation Program Special Enforcement Program Goods and Services Tax/Harmonized Sales Tax Scientific Research and Experimental Development Key activities include: Examinations Audits and investigations aimed at ensuring compliance International level verification and enforcement activities Non-Compliers (Rebels) Prosecutions Contingent Non-Compliers Investigations Audits Assisted Compliers Examinations Outreach activities Services Compliers -Mandate: -Identify and address non-compliance with tax laws -We use risk management to identify emerging compliance risks and assess their potential effect on the tax base -Resources for headquarters and the regions: -Budget: $819M || FTE’s: 9,753 -Talk about where our core programs predominantly fall on the triangle -On the other side of the continuum, we investigate egregious violations of the income tax act including tax evasion and will prosecute where appropriate Small / Medium Business Threshold: Small Business – gross less than $1M Medium Business – gross less then $50M Large Business Threshold: Basic – annual revenue between $20M - $250M Large – annual revenue over $250M Education
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Applying our Tools - 16,445 volunteers
Promoting Compliance (2010/11) Handled more than 13.8 million agent assisted public enquiries The Voluntary Disclosures Program processed more than 13,000 disclosures More than $22.3 billion of federal, provincial, and territorial benefit and credit payments issued Comprehensive outreach strategy targeting: Seniors New businesses New Canadians Deterring Non-compliance (2010/11) Conducted more than 294,000 examinations, and audits Nearly 27 million individual and trust tax returns and over 1.96 million corporate tax returns processed identified cash collections of nearly $15.7 billion More than 722,487 returns obtained from individuals and corporations who had not filed Conducted 3,388 enforcement actions Resolved more than 72,000 disputes by Appeals Over $10.6 billion in non-compliance identified - 16,445 volunteers - employees train volunteers to work with low income taxpayers to assist in completing returns - they may not have taxes owing, but have returns are necessary for benefit entitlement Outreach: Seniors - New businesses – seminars on books & records - New Canadians – publishing communications in many languages - $12.4 billion cash collections is the amount of dollars collected in 2009/10 - $14.2 billion is the amount of fiscal impact identified as a result of compliance actions from 2009/10
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Investigations The Criminal Investigations Program’s (CIP) mandate is to conduct investigations into, and to refer for prosecution, significant suspected cases of fraudulent non-compliance with the various Acts administered by the CRA. When a conviction is obtained,, CIP will publicize each case. The major Acts being administered by the CIP are the Excise Tax Act (ETA) and the Income Tax Act (ITA). The key priorities for the CIP are to investigate cases with significant impact such as: promoters of large scale tax fraud schemes; investigate egregious cases of tax evasion; and publicize our actions in order to promote voluntary compliance. The national priorities are as follows: Promoters of schemes, including but not limited to Tax Protestors, Tax Preparers, and Tax Planners, involved in fraudulent claims of income tax credits, refunds, and tax shelters Aggressive international tax cases involving unreported offshore income Underground Economy GST / HST
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Investigations Auditing Criminals (2011/12)
952 Audits of criminals completed Resulted in $67,000,000 in additional tax (Cdn.) Obtained over 1600 tax returns from non-filing criminals resulting in an additional $7,000,000 in taxes Criminal Tax Evasion(2011/12) Completed 139 tax evasion cases Over $30,000,000 of income was unreported Court imposed fines of $6,400,000 24 individuals were sentenced to jail time The average prison time was three (3) years Convictions obtained in 92% of cases in which charges were laid (the previous year we obtained convictions in 100% of the cases!!!)
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Investigations Source of Cases Investigators Powers Audit referrals
Law Enforcement FINTRAC Publicly available sources – newspapers , internet etc. Leads from the public (informants) Investigators Powers Search Warrants Limited surveillance Witness Interviews Order to banks and 3rd parties to produce documents NO GUNS!!!
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Compliance Programs Branch Priorities
Aggressive Tax Planning (ATP) Development of a new Approach to Large Business Compliance Increased identification of offshore non-compliance The Underground Economy (UE) Stocktaking of the UE Compliance Strategy Electronic Suppression of Sales (ESS) Strategy OECD Cash Economy Project GST/HST Audit and Examination Program Increased risks related to non-compliance In-depth analysis of high risk credit returns The Voluntary Disclosures Program Enhancing out risk assessment systems through intelligence Continuing to promote the program through education and outreach activities Enforcement Working with key stakeholders to strengthen our capacity to pursue both criminal non-compliance and non-compliance in the criminal economy 13
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Voluntary Disclosures Program (VDP)
The Voluntary Disclosures Program is designed to encourage taxpayers to voluntarily come forward to correct inaccurate or incomplete information, or to disclose information not previously reported. As long as the taxpayer comes to us before they become aware of any compliance action being initiated by the CRA, they may avoid being penalized or prosecuted if they make a full disclosure and pay taxes and interest owing. We share intelligence gathered from completed disclosures with other program areas to enhance and assist in compliance actions. CRA’s strategy is to continue to promote this program as an effective method of deterring non-compliance. -A number of initiatives are currently underway in the VDP such as: -Streamlining administrative processes to improve processing time -Ensuring intelligence gathered from voluntary disclosures is utilized in risk profiling of AITP and other areas of the agency as appropriate Disclosures Received 9,011 9,137 10,639 12,128 12,811 Unreported Income $614M $777M $766M $1.8B $773M
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