CPABC in Focus November/December 2013 | Page 28

“Before deciding to make a disclosure, taxpayers and their representatives must determine whether one is actually required.” 8. Corporations, as well as individuals, may make “voluntary” disclosures. However, corporations wishing to do so must ensure that the CRA has not previously contacted current or past employees. Corporations must keep in mind that the CRA may have contacted former employees years before about non-filing or an audit issue, and that former employees may not have left any record of the contact. The CRA, however, will likely have a record of the contact, and may use the contact to dispute the “voluntariness” of the disclosure. 9. A disclosure may not be considered “voluntary” if the CRA has already started enforcement action against: a) a person associated with, or related to, the taxpayers attempting to make the disclosure, or b) third parties where the enforcement action is sufficiently related to the disclosure. See paragraphs 32-33 of IC00-1R3 and section 3.2 of the internal VDP guidelines for more information. For example, the CRA may be auditing the spouse of an individual who wishes to make a “voluntary” disclosure about related issues. 10. Before deciding to make a disclosure, taxpayers and their representatives must determine whether one is actually required. In other words, there should be consideration of whether the CRA is barred under the Act from reassessing the affected taxation years. The CRA may not be permitted to reassess the affected years if, for example, a taxpayer filed returns for the years in question and did not make any misrepresentations attributable to neglect, carelessness, or wilful default on the returns. 11. Taxpayers may submit payment with their disclosures. Generally, in the absen