Many Canadian taxpayers have participated in Registered Profitable Gifting Arrangements (RPGA) in 2012. The charity work done through these programs is widespread and the Government of Canada offers generous tax credits for this philanthropy. Claims for these tax credits were made by individuals when they filed their 2012 tax returns.
The Canada Revenue Agency, through their Winnipeg office, has tried to deter people from participating in these programs. They have written to taxpayers asking them to withdraw their claims for the tax credit. If taxpayers do not withdraw their claims, the CRA will withhold the taxpayer's return until they audit the program, likely two years or more.
The CRA has an obligation to process taxpayer's returns in a timely fashion and "with all due dispatch". CRA also has an obligation to treat all taxpayers in the same fashion, and not treat them differently just because they participated in a lawfully registered gifting arrangement.
One of the RPGAs in question , has taken the matter to the Federal Court of Canada. During the hearing, it became evident that the CRA had an agenda to deter people from participation in the program, and did not really need to delay any assessment in order to properly assess the claims. Most taxpayers have already submitted the evidence required to claim the tax credits in question. The Federal Court ruled that the eventual validity of the taxpayers claims is not an issue for the CRA, but for the Tax Court of Canada, and that the CRA deterrence agenda is inappropriate. In spite of the Federal Court ruling ( shown in the petition below), the CRA continues to defy the judgment and withhold taxpayers' claims.
This Petition is directed to the Minister of National Revenue for Canada, the Honourable Kerry-Lynne Findlay. We are respectfully requesting that the Minister intervene to direct the CRA Winnipeg office, or any other office with the same agenda, to comply with the ruling of the Federal Court and process all taxpayers returns with all due dispatch, as required by law.