Everyone Cheats on Their Taxes. Don’t They?

My husband got his T4 the other day and I stared at it in amazement. His “earned income” was way higher than I would have thought. That’s because we have to budget and live off of his “real income.” You know, the miniscule amount that comes home after taxes, EI, CPP, health savings account, charity, life insurance, social club fees, savings plan, disability insurance and all the other deductions are paid. We won’t be getting much if any of those taxes back, either, because we don’t cheat.

How stupid honest are we? We actually report the 38 cents of interest we earn on our chequable savings account.

Like most Canadians, however, tax breaks, deductions, scams and cheating fascinate me. While I would never dare to try some of the stunts I’ve read about, I do find them entertaining.

Why Do People Expect Others to Condone Their Tax Cheating?

I’m also astonished at how many people seek validation for their misdemeanors publicly.

Here are some recent examples on RedFlagDeals.

One couple wants to delay admitting they’ve been living common law for years because (a) it might decrease the grant portion of student loans one of the couple could receive and (b) presumably it has resulted in them getting a HST refund that they are not eligible for if their income is combined. This led into a convoluted attempt at justification by asking whether the CRA would penalize two same-sex room-mates who accidentally had sex one time only in a drunken stupor by making them file a common law tax return. It’s fascinating, if a little frightening, to see how some people think.

Another person wants to know if it’s worth hiring an accountant who routinely mis-reports investment expenses and asks for a split from the customer for the resulting tax refund. Yikes!

Does anyone else wonder if the CRA cruises through forums like this looking for ideas for audits?

I caught a few minutes of a recent W5 episode about people who fell for a tax refund scam and then were denied their claims plus fined 50% of the tax they had dodged dubiously as a penalty. The one person I saw was crying on camera. She said her fine and back taxes owed were in the thousands of dollars and she didn’t have the money to pay and she hadn’t known she was doing anything wrong.

Really? You think there are deductions out there that will save you THOUSANDS on your tax bill legally? I wish! There are almost NO legal tax deductions in Canada for the average wage-slave.

Speaking of non-average-wage-slaves, Mr. C. Black is also apparently on the hook for a large tax penalty.  I doubt we will ever fully understand tax evasion at those levels, though, as it involves batteries of tax lawyers and tax accountants. In a strange way it would be nice to have to worry about it, though!

Don’t Let a Tax Mistake Lead to You Paying Tax Fraud Penalties

Occasionally, people aren’t trying to evade taxes, they just make a mistake. The Blunt Bean Counter explained what you should do before you get caught in “The CRA’s Matching Program – Mismatch and you May be Assessed a 20% Penalty.”  A typical cause of this is you don’t notice that you need to download and print a T-slip for a small amount of interest or capital gains income from a non-registered investment account or a work-related savings plan. As e-receipts become more common, I expect this type of error will also increase. Unfortunately, the CRA doesn’t care: it will penalize you anyway.

Please Help Others Meet Their Tax Obligations by Revising the CPP Death Benefit

While it has nothing to do with tax fraud, I would also like to remind readers that it would be great to lobby the government to implement a withholding tax on the CPP Death Benefit. Every year, people who took on the responsibility of paying the last costs of a friend or relative who died penniless discover that although they have already spend the CPP Death Benefit on funeral costs, they now must pay tax on the benefit, out of their own pocket. The only simple way I can see to reduce this injustice is to withhold some of the Death Benefit at the time it is issued so there is no tax owed. Please read my post about this topic and if you agree, send a letter or email to Ottawa.

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Have you heard any “tax tips” that made you cringe as you thought of the fines and penalties awaiting anyone silly enough to try them? Please share your views with a comment.

Tracking Your TFSA Contribution Room Can Save You From Harsh Fines

Before you make a new contribution to your TFSA you should make sure you have contribution room available to fill. There are 2 ways you can check on what the government thinks your TFSA contribution room is. Perhaps the fastest is to use the Telephone Information System, TIPS. You can also check it using the CRA’s Quick Access system. The best way, though is to track your TFSA contribution room yourself.

What To Be Cautious About When Checking Your TFSA Contribution Room

There is a problem with relying on the government to tell you how much TFSA contribution room you have. The problem is that their information may be out of date. Banks and financial institutions are not required to provide the government with the information about your contribution quickly. In fact, they may not tell the government for months that you put money into your TFSA to buy an investment or make a deposit.

They may also accidentally provide the government with incorrect information. This happened when one discount brokerage accidentally submitted contribution information to the CRA twice, making it seem as if its customers had contributed twice as much to their TFSAs as they actually had.

Keep Track of Your TFSA Contribution Room Yourself

The best way to know your contribution limit is to keep track of your TFSA or TFSAs yourself. Get a notebook or open a spreadsheet file on your computer. Update it each time you make a contribution or a withdrawal from your TFSA.

Keep a running total of how much room (if any) you have left, and how much room you will have on January 1 of the next year (when you can replace withdrawn contributions and when you will get your new annual amount of room.) It’s work but it’s worthwhile work.

Here’s an example of what a spreadsheet might look like:

Date Year New Contribution Room Contribution Room Because of Withdrawals in Previous Year/s Total Contribution Room Remaining Contribution Withdrawal Total Withdrawals So Far This Year
January 1 2014 $5500 $2000 $7500 0
January 1 2014 $5500 $2000 0
March 7 2014 $3800 $1700 0
June 13 2014 $3573 $227 0
Sept 6 2014 $3573 $5123 $5123
November 14 2014 0 $3573 *** $5123
December 31 2014 0 $5123
January 1 2015 $5500 $5123 $10623 0

*** NOTE: You this is the last contribution you can make in 2014. You cannot re-contribute the $5123 until January 1, 2015.

Invest the time in tracking your TFSA limit. It won’t take long but it could save you some serious dollars if you otherwise over-contribute.

What Happens If I Over-Contribute to my TFSA?

The government knew that creating TFSAs was going to create more headaches as people tried to abuse the system for undeserved profits. By 2010 they had set up some pretty strict controls on TFSAs.

If you over-contribute to a TFSA, you will pay a penalty fine of 1% of the over contribution per MONTH every month until the over-contribution is removed.

So, for example, if you over-contribute by $2 000, each month they will charge you a penalty of $20 for each whole or part of a month that the money stays in the TFSA. That’s $240 for the year, or $12% of the money that was over-contributed.

Some people didn’t find this enough of a deterrent. So the CRA also has the right to charge a fine that is equal to the entire amount of income and capital gains earned by the over-contribution.

That’s right. If you invested that $2 000 in a 3% per year savings account, the entire interest earned by the $2 000 would be forfeit and have to be paid to the CRA.

If you invested the $2 000 in shares of a company that tripled in value, every single cent of capital gain, whether you sold the shares or not, would be forfeit and payable to the CRA.

Over-contributing for profit is pointless. Take the money out and invest it in a regular non-registered account. Pay the taxes. You’ll make more money than by trying to game the government.

Shouldn’t My Bank Have to Tell Me I’m Over-Contributing to my TFSA and Stop Me?

Unfortunately, no.

You can have as many TFSAs as you want. So a bank or financial institution does not have any way to know whether you have maxed out your TFSA room or not.

Many institutions will flash a brief message on screen reminding you that it is your personal responsibility to ensure you have contribution room. That’s all they will do.

You won’t be able to sue your bank or brokerage if you over-contribute and get fined.

What Should I Do If I Accidentally Over-Contributed to my TFSA?

Accidents can happen. If you over-contribute to your TFSA, remove the over-contribution as soon as possible. Immediately write to the CRA and explain what happened.

Tell

  • when the money went in
  • when the money was taken out
  • how much money was over-contributed
  • why it happened

Ask for forgiveness. If this is your first over-contribution they may accept your explanation and waive the normal penalties.

Note: If you wait till the last day of the month or the second last before removing your over-contribution, you are weakening your argument that this was an honest mistake. “Mistaken” people do not try to get every penny of profit out of their mistakes: conniving fraudsters do.

Related Reading

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Have you ever accidentally over-contributed to your TFSA? Were you able to get the mistake forgiven or did you get zinged with a huge penalty? Please share your experiences with a comment.