From: canada.revenueagency@canada.com   
      
   Man gets relief from tax debt he didn't owe : CRA SOTW   
      
   Told he owed thousands because of a U.S. mistake, he gets help after   
   contacting the Star.   
      
   By:Ellen RosemanOn Your Side, Published on Tue Jul 02 2013    
       
   David Gauci worked in the United States from 1999 to 2003. An error made by   
   the U.S. Internal Revenue Service — and compounded by the Canada Revenue   
   Agency (CRA) — threw his life into disarray.   
      
   “I can’t get a credit card. A CRA garnishee prevents me from getting credit of   
   any kind,” he said. “If I want to buy airline tickets, I have to ask someone   
   with a credit card to do it for me.”   
      
   Gauci has worked full-time in Canada, earning a higher-than-average wage,   
   since 2006. But most of his income was going to pay interest and penalties to   
   the CRA under a garnishment order.   
      
   When he contacted me, I suggested that he try the Taxpayers’ Ombudsman, an   
   arm’s length agency set up in 2008 to review service-related complaints about   
   the CRA.    
   He had never heard of it, but felt he had nothing to lose. Two months later,   
   his life had changed for the better.   
      
   “When I contacted you, I was at the end of my rope and feeling helpless,”   
   Gauci said. “But after a lengthy review, the CRA has reversed all charges and   
   penalties on my account and I’m getting money back.”   
      
   Here’s what he said happened in his case:   
      
   The U.S. government issued the same social security number to him and a woman   
   in Ohio in 2001. He learned about the duplication in 2006, after the other   
   taxpayer had died.    
   The CRA received a U.S. document, listing the woman’s earnings with Gauci’s   
   earnings. It rejected his paperwork showing that taxes were deducted from all   
   his U.S. income and told him to straighten things out with the Internal   
   Revenue Service (IRS).    
      
   The IRS said the solution was to reapply for U.S. citizenship. But he refused   
   to do so because he planned to stay in Canada.    
      
   The CRA started garnishing his wages. He appealed and won relief of $50,000 in   
   tax, interest and penalties. But he still owed $40,000 from 2001, which was   
   exempt from relief because of a 10-year limitation period.    
      
   Gauci suffered from mood swings and night terrors. He wondered what he had   
   done to deserve this treatment from the CRA. (The agency has a policy of not   
   making comments on individual cases.)   
      
   “Our government sent me off to wage war against another government without any   
   assistance whatsoever,” he told me. “They seemed perfectly at peace with the   
   prospect of a Canadian citizen being dragged kicking and screaming from his   
   country of birth    
   because of a typo by a representative of a foreign country.”   
      
   He asked the CRA why it didn’t call the IRS, using the direct phone number of   
   an official shown on the forms sent to him. To his knowledge, a call was never   
   made.   
      
   So, how did he get out of paying the remaining $40,000 tax debt and end up   
   with a $4,000 refund as well?   
      
   The CRA mentions serious illness and serious emotional distress as   
   “circumstances that may warrant relief” on its website.   
      
   Gauci, now 55, submitted medical evidence to support his delay in meeting the   
   10-year time limit. He had attention deficit hyperactivity disorder (ADHD).   
      
   “I supplied them with about 100 pages of medical reports . . . right down to   
   my Grade 5 report card,” he said. “Once they saw that, there was no fighting   
   it, so they cut me loose.”    
   At its website, the Office of the Taxpayers’ Ombudsman gives tips for dealing   
   with the CRA: Know your rights. Be prepared. Be calm and respectful. Keep a   
   record of your communications. Ask phone agents for their identification.   
      
   To which, I’d add: Say you plan to go to the ombudsman, if necessary.   
      
   Please note: The toll-free number is 1-866-586-3839. In my July 1 column about   
   the ombudsman, I used the fax number by mistake.   
      
   Ellen Roseman writes about personal finance and consumer issues. You can reach   
   her at eroseman@thestar.ca or www.ellenroseman.com    
      
      
   -----------------------------------------------------------    
   Miss a Tax Tale Miss a lot!    
   Visit the CRA SOTW Library at http://canada.revenue.agency.angelfire.com    
   ------------------------------------------------------------    
   Alan Baggett – Tax Collector’s Bible -  http://taxcollectorsbible.com/     
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)