From: AlanBaggett@volcanomail.com   
      
   How to take on the CRA without fear of reprisal : CRA SOTW   
      
   The Canada Revenue Agency is supposed to explain the reasons behind its   
   decisions, but when it fails to do so, you can complain without fear of   
   reprisal   
      
   By:Ellen RosemanOn Your Side, Published on Sun Jun 30 2013    
      
   Lawyer Marc Weisman was working with a company that had fallen behind on its   
   taxes. He worked out a deal with the Canada Revenue Agency to pay the arrears   
   over an extended period.   
      
   I was preparing the postdated cheques when the CRA called a day later, saying   
   it couldn’t agree to the deal. The client would have only half the time we   
   agreed on,” he recalls.   
      
   “When I asked why we couldn’t keep the longer payment period, I was told,   
   ‘It’s our policy.’ I asked to be sent the policy. The supervisor said there   
   was no policy available.”   
      
   He said he would complain on his client’s behalf and got a shocking reply.    
      
   “A CRA employee told me, ‘If you make a complaint, I’m going to enforce   
   collection right now. I can do what I want,’” says Weisman, who works in the   
   tax law group at Torkin Manes LLP in Toronto,   
   In another case about interpreting a clause in the Income Tax Act, he wrote to   
   the CRA, citing legal arguments and precedents.   
      
   “The response was, ‘We disagree.’ I asked for more information, so I could   
   explain to the client what the CRA’s position was. I got the same response.”    
      
   Weisman met with me and Taxpayers’ Ombudsman Paul Dubé last week to talk about   
   the need to strengthen the taxpayer bill of rights.    
      
   Earlier that day, National Revenue Minister Gail Shea had announced measures   
   to ensure that taxpayers could complain and request a review without fear of   
   CRA reprisal.   
      
   “People should feel free to speak up. We won’t tolerate any abuse of authority   
   by employees,” she told reporters at a CRA office in Scarborough.   
      
   While there was no direct evidence of misconduct, Shea said she takes such   
   allegations seriously. The CRA will investigate them and apply penalties,   
   including dismissal, to employees found to be threatening taxpayers.   
      
   Dubé, a lawyer named as the first taxpayers’ ombudsman in 2008, called it “a   
   significant step forward” for those who had reservations about complaining   
   about poor service.   
      
   In five years on the job, he’s talked to a wide cross-section of taxpayers and   
   to recipients of government benefits tied into their tax returns.    
      
   He’s heard many people express concern about consequences arising from a   
   complaint to the CRA, saying they were reluctant to exercise their rights.   
      
   That’s why he asked for a 16th right to be added to the taxpayer bill of   
   rights, hoping to increase confidence that the system would be administered   
   fairly.   
      
   “Not only has the Minister heard and accepted my recommendation,” he told the   
   news conference, “but the CRA is committed to implementing it.”   
      
   Complaints about employee misconduct would go to a person’s supervisor, Dubé   
   told me. This was unacceptable, given a common perception that bosses stick up   
   for their staff.    
      
   From now on, complaints about misconduct will be investigated by a separate   
   office within the CRA, similar to the internal affairs department of the   
   police.   
      
   The taxpayer bill of rights has no legal force and does not cover tax policy.   
   It talks about rights to privacy and confidentiality, timely information and   
   relief from penalties and interest because of extraordinary circumstances.   
      
   Under the 11th right, the CRA says it will be accountable for what it does:   
   “When we make a decision about your tax or benefit affairs, we will explain   
   that decision and tell you about your rights and obligations.”   
      
   That didn’t happen to Marc Weisman’s clients. But if he runs into problems   
   again, he can submit a reprisal complaintand know it will be investigated   
   independently of the office associated with the complaint.   
   There’s a toll-free number to call the Office of the Taxpayers’ Ombudsman,   
   1-866-586-3839. Those outside Canada and the United States can call   
   613-946-2310. “Please note that we accept collect calls,” says the website.   
      
   Ellen Roseman writes about personal finance and consumer issues. You can reach   
   her at eroseman@thestar.ca or www.ellenroseman.com    
      
      
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