
While most Canadians are familiar with the obligation to file an annual tax return and to pay income taxes owed by the end of April each year, there are in fact many more tax filing and payment deadlines imposed on individuals or businesses throughout the calendar year. Fortunately, the rate of compliance with those requirements is high, as most Canadian taxpayers meet their tax obligations, consistently filing returns and making any required payments on a timely basis. Where such tax filing or payment obligations aren’t met, however, the Canada Revenue Agency has the authority to impose both penalties and interest charges.
The types and amounts of penalties which can be assessed vary widely, depending on the nature of the non-compliance and, frequently, whether the taxpayer is a “repeat offender”. However, interest charges levied are always the same where taxes aren’t paid in full and on time, and those interest charges can be very substantial.
By law, the Canada Revenue Agency charges interest at a rate higher than commercial interest rates. For the third quarter (July, August, and September) of 2025, the CRA charges interest on outstanding tax amounts owed at a rate of 7.0%. More significantly, all such interest charges are compounded daily, meaning that each day the taxpayer is charged interest on both the tax amount owed and on the previous day’s interest charges. In such circumstances, interest charges can accumulate very quickly.
Where a failure to meet one’s tax obligations is simply the result of carelessness or negligence on the part of the taxpayer, it’s really not possible to avoid such charges. Sometimes, however, taxpayers fail to meet their tax obligations for reasons that are entirely outside their control. When that happens, the CRA may be willing to extend relief by forgiving interest and penalty charges, in whole or in part, through the Agency’s Taxpayer Relief Provisions.
It’s important to note, at the outset, that while the CRA has issued guidelines on the circumstances in which interest and penalty relief may be provided, the decision to provide such relief is entirely discretionary on the Agency’s part – there is no right to interest and penalty relief. Second, while interest and penalty relief may be made available to the taxpayer, no relief is provided with respect to actual tax amounts owed. No matter the circumstances, tax amounts owed must always be paid.
The guidelines issued by the CRA on when interest and penalty relief may be available fall into two general categories. The first addresses taxpayers who are unable to meet their tax obligations as the result of extraordinary circumstances, including natural or man-made disasters like floods and wildfires. In 2025, tens of thousands of individuals in seven of 10 provinces have already had to leave their homes, sometimes for an extended period, as a consequence of dangerous wildfires. At such times, meeting one’s tax obligations is understandably a very low priority and, in the worst case scenario, the wildfire or other natural disaster which forced an evacuation may also result in the destruction of the taxpayer’s home, including their financial and tax records, making it difficult or impossible to file returns or determine or pay tax amounts owed.
The other extraordinary circumstances in which the CRA is prepared to provide relief from penalty and interest charges are those which are specific to the taxpayer involved. As outlined on the CRA website, such circumstances generally involve either serious illness or accident, or serious emotional or mental distress, such as would result from a death in the taxpayer’s family.
Finally, in a situation which is becoming a reality for an increasing number of Canadians, the CRA is prepared to consider providing interest relief where the taxpayer is experiencing significant financial hardship. The CRA’s guidelines, as outlined on the Agency’s website, indicate that it will consider waiving or cancelling interest charges, in whole or in part, where the taxpayer cannot pay those charges due to financial hardship, where paying interest amounts owed would make it difficult for the taxpayer to provide basic necessities, such as food, medical help, transportation, or shelter for a significant period of time, or where interest charges make up the majority of the amount owed and the taxpayer is unable to make a reasonable payment arrangement with the CRA.
In order to receive relief in situations of financial hardship, a taxpayer must be able to provide the CRA with detailed information on their current financial situation. That financial situation is outlined on a prescribed CRA form (last updated in May 2025) which is available at Form RC376, Taxpayer Relief Request – Statement of Income and Expenses and Assets and Liabilities for Individuals. In addition to the information submitted on that form, the taxpayer must also provide supporting documentation, such as current mortgage statement(s), property assessment(s), rental agreement(s), loans and recurring bills, bank and credit card statements for the most recent three months, and current investment statements
Regardless of the reasons or circumstances which have led the taxpayer to submit an application for relief, the process of filing that application is the same. Taxpayers who have registered for the CRA online service My Account can file their application using that service. Those who are not registered for My Account, or would prefer filing a paper application, can find the current (as of May 2025) version of the required form on the CRA website at Form RC4288, Request for Taxpayer Relief – Cancel or Waive Penalties and Interest. The address to which the completed form should be sent (which will depend on the taxpayer’s place of residence) can be found on the last page of Form RC4288.
Whatever the method by which an application for relief is filed, the CRA will review the information submitted and make a determination of whether to cancel interest and/or penalty amounts owed, in whole or in part. The factors considered by the Agency in determining whether to grant relief will, of course, depend for the most part on the circumstances giving rise to the application. In general, however, the Agency will consider the taxpayer’s tax return filing and payment history, whether the taxpayer knowingly let a balance owing exist (resulting in additional interest charges), whether reasonable care was taken in the management of the taxpayer’s tax affairs, and finally, whether the taxpayer acted quickly to correct any delay or omission.
The CRA’s goal is to make a decision on straightforward applications made under its Taxpayer Relief Provisions within six months (180 days) after the application is received. However, not surprisingly, the Agency is currently receiving a higher than usual number of applications, meaning that the timeline for making decisions on those applications is now closer to eight months (or longer, for complex applications).
Where the taxpayer’s request is denied, they can request that the decision be reviewed. If that decision is also negative, the only recourse is to ask a judge to review the CRA’s decision. In the great majority of cases, however, the cost of taking that step is likely to be greater than the amount of interest and penalties at issue.
In all cases, the best course of action for the taxpayer is to be proactive – to contact the CRA as soon as the taxpayer is aware that filing of a required return, or paying taxes owed in full and on a timely basis, will be not possible. Taking the initiative and moving quickly to resolve the problem will both minimize the amount of interest which will accrue on unpaid taxes and will count in the taxpayer’s favour when the CRA considers whether to allow an application for waiver of those interest and penalty charges.
Taxpayers who are unsure of whether their particular circumstances will qualify for relief under this program can use a self-evaluation tool provided on the CRA website at https://www.canada.ca/en/revenue-agency/services/about-canada-revenue-agency-cra/complaints-disputes/cancel-waive-penalties-interest/self-evaluation-learning-tool.html. To use that feature, the taxpayer provides detailed information (which is not saved or submitted to the CRA) about their situation and is provided with information about whether that situation could qualify for taxpayer relief and/or there are other federal programs which might provide a better option.
Finally, it should be noted that, where there are events (like this year’s wildfires) which could prevent large numbers of Canadians from meeting their tax obligations, the CRA will sometimes issue a news release acknowledging the situation and indicating that it will give special consideration to providing relief for residents of specific identified locations. The Agency has not, as of the end of June 2025, issued such a press release with respect to this year’s wildfire situation; however, taxpayers affected by those events should understand that, regardless of whether such a news release is issued, they are entitled to apply for interest or penalty relief under the usual provisions of the Taxpayer Relief Program.
Detailed information on the Taxpayer Relief Provisions is available on the CRA website at https://www.canada.ca/en/revenue-agency/services/about-canada-revenue-agency-cra/complaints-disputes/cancel-waive-penalties-interest.html.
The information presented is only of a general nature, may omit many details and special rules, is current only as of its published date, and accordingly cannot be regarded as legal or tax advice. Please contact our office for more information on this subject and how it pertains to your specific tax or financial situation.
