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CRA’s right to compel the production of “third party information”

The Canada Revenue Agency (the Canadian income tax department, “CRA”) has broad powers to require the production of documents and information including the right to compel the production of “third party information” under section 231.2 of the Income Tax Act. The decision in eBay Canada Limited et al v MNR 2008 FCA 348 demonstrates that taxpayers are not afforded much protection under subsection 231.2(3) should the Minister of National Revenue decide to conduct an “audit project” targeted at a specific group of taxpayers, such as eBay PowerSellers.

Are you an eBay PowerSellers ?

eBay Canada has lost its appeal in the Federal Court of Canada against the Canada Revenue Agency (the Canadian income tax department, “CRA”) in eBay Canada Limited et al v MNR 2008 FCA 348 and is required to release sales details of eBay Powersellers to CRA. Powersellers who have not reported their online income may still be eligible for the voluntary disclosure (tax amnesty) program to avoid prosecution and penalties.

eBay seller ? Consider making a voluntary disclosure of your unreported online income.

The Canada Revenue Agency has won an order in the Federal Court of Canada requiring eBay Canada to turn over the names, addresses, phone numbers and e-mail addresses of all high-volume power sellers. EBay power sellers who have not reported their online income should consider making a voluntary disclosure (tax amnesty) application before being approached by CRA.

CRA can get the details of the sales figures of Canadian eBay PowerSellers

The Canadian Federal Court of Appeal has upheld a lower court ruling and ordered eBay Canada Ltd. to comply with a request from the Canada Revenue Agency to produce the names, addresses, phone numbers, e-mail addresses as well as gross sales figures for all Canadian eBay PowerSellers.

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Pro Tip

CRA Tax Audits

There are over 350,000 tax audit and review actions conducted by the Canada Revenue Agency on a yearly basis. Around 15,000 of these tax audits deal with “cash only” businesses (i.e. the underground economy). Additionally, an estimated 35,000 are tax shelter audits.

Get your CRA tax issue solved


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