Receiving a reassessment from CRA that you believe is wrong is one of the most stressful experiences a Canadian taxpayer can face. But a reassessment is not a final verdict — it is the beginning of a dispute process that gives you real rights to challenge CRA's position. Understanding how that process works, and where settlements can happen, is the first step toward a favourable resolution.
When CRA audits a return and disagrees with how something was reported, it issues a Notice of Reassessment. This document sets out the proposed changes and the resulting tax, interest, and penalties owing. It is important to read a reassessment carefully — not all items within it may be disputed, and understanding which elements you're challenging shapes the entire dispute strategy.
Interest continues to accrue on any unpaid amounts during the dispute process. Many taxpayers pay the disputed amount under protest to stop interest from running, then seek a refund if the objection succeeds. CRA will refund the amount plus refund interest if you win.
The formal first step in disputing a CRA assessment is filing a Notice of Objection using Form T400A. The deadline is 90 days from the date on the Notice of Assessment or Reassessment, or one year from the T1 return filing due date, whichever is later. Missing this deadline can be fatal to your appeal rights.
The objection is reviewed by CRA's Appeals Division — a separate unit from the audit team that issued the reassessment. This separation is intentional: Appeals is meant to provide an independent review. Appeals officers have the authority to vacate (fully reverse), confirm (uphold), or vary (partially adjust) the reassessment.
| Stage | Who Handles It | Timeline |
|---|---|---|
| Notice of Objection | CRA Appeals Division | File within 90 days of assessment |
| Appeals review | CRA Appeals Officer | Varies — months to 2+ years |
| Tax Court (Informal) | Tax Court of Canada | Claims under $25,000 in tax/penalties |
| Tax Court (General) | Tax Court of Canada | Larger amounts; full litigation |
| Federal Court of Appeal | FCA | Legal errors only; appeal from Tax Court |
After receiving your Notice of Objection, CRA's Appeals Division assigns an appeals officer to your file. You (or your representative) will typically have a conference call or exchange of written submissions explaining why the reassessment is wrong. Provide all supporting documentation during this phase — this is where most disputes are resolved.
If the appeals officer agrees with you, even partially, they can issue a reassessment in your favour without the matter going further. If they uphold the original assessment, they will issue a Confirmation Letter, which is your signal that Tax Court is the next step.
Unlike the perception of CRA as an inflexible bureaucracy, settlements — partial adjustments negotiated between the taxpayer and CRA — are actually quite common, particularly at the Appeals stage. CRA will settle when the legal or factual basis for its position is uncertain, or when the cost and time of litigation outweigh the disputed amount.
Common settlement scenarios include:
If settlement fails, Tax Court is the next step. The Tax Court of Canada is a federal court with exclusive jurisdiction over income tax and GST/HST disputes. There are two procedures: the Informal Procedure (for amounts under $25,000 in tax and penalties, or under $50,000 for GST/HST) and the General Procedure (for larger amounts).
The Informal Procedure is designed to be accessible without legal representation, though having a tax professional present your technical case is still valuable. The General Procedure is a full litigation proceeding with discovery, expert witnesses, and trials that can last multiple days. Legal representation by a tax lawyer is strongly advisable for General Procedure cases.
Tax disputes benefit enormously from professional representation. tax professionals who specialize in tax controversy can review the audit file, identify the strongest arguments, manage document production, and negotiate effectively with CRA Appeals officers. For complex corporate or income characterization disputes, working alongside a tax litigation lawyer is often advisable.
Our tax team handles CRA objections and supports clients through the appeals process. We assess each file's merits, recommend whether to settle or fight, and represent clients professionally throughout. If you've received a reassessment you believe is wrong, contact us before the 90-day clock runs out.