FAQ: Should Canadians Tackle New Tax Rules on Their Own or Seek Professional Help?
FAQ
Approx read time: 2.7 min.
Should Canadians Tackle New Tax Rules on Their Own or Seek Professional Help?. The introduction of new tax regulations in Canada has put many citizens in a difficult position, as acquiring an accountant becomes a challenge and opting for self-preparation of tax documents carries significant risks. These new federal guidelines, which aim to enhance trust transparency, mandate additional filing and disclosure requirements, notably for “bare trusts” that are typically not formalized in writing. This development particularly impacts Canadians added to the title of a family member’s property or financial accounts, unintentionally establishing a trust. With the 2023 filing deadline set for April 2, non-compliance could lead to fines.
These stringent regulations have complicated the search for accounting professionals for those without prior arrangements, as firms limit new client intake to manage their workload. Furthermore, the financial burden of complying with these regulations through professional services is substantial due to the high costs of accounting and legal assistance.
Experts caution against a do-it-yourself approach to trust return filing due to the potential for serious tax and legal repercussions stemming from inaccuracies. Trusts, which separate legal ownership from beneficial interest, require careful handling. The introduction of mandatory annual T3 Trust Income Tax and Information Return filings for bare trusts, previously exempt, adds another layer of complexity.
Many Canadians may be unaware that they are part of a bare trust, often arising from co-signing mortgages for adult children or managing financial accounts for elderly parents. Identifying whether one is part of a bare trust is complicated by the lack of a clear definition in the Income Tax Act and the absence of comprehensive guidance from the Canada Revenue Agency. The task of determining eligibility for filing exemptions is equally challenging, with specific asset conditions applying and certain exceptions not clearly defined.
The process of filing a trust return electronically entails legal documentation that might need to be created from scratch, necessitating legal advice. However, drafting such documents without professional guidance poses risks of legal complications or tax issues.
The complexity of the T3 return, filled with specialized tax terminology and nuanced requirements, poses a challenge even for knowledgeable taxpayers. The Canada Revenue Agency has offered to waive late-filing penalties for the 2023 year under certain conditions, but deliberate failure to file can result in substantial penalties.
Given these challenges and potential penalties, the advice leans strongly against attempting to navigate these requirements without professional assistance.