If you don't pay your debt - Debt collection at the CRA (2024)

Debt collection at the CRA

There are consequences if you don't pay your taxes or other debts when they are due.

If you need to call us about a debt you can't pay in full or on time, or want to set up an arrangement to make smaller payments over time, refer to: Arrange to pay your debt over time.

On this page

  • Interest and penalties you could be charged
  • Offsets from refunds or other government payments
  • How we will notify you when we begin collection actions
  • Legal actions we may take

Interest and penalties you could be charged

We charge interest on most unpaid balances owing. In some cases, there might also be penalties associated with filing a late return or missing a payment deadline.

Interest and penalties on late or incorrect payments

Offsets from refunds or other government payments

We apply tax refunds and government credit or benefit payments you should receive (such as the GST/HST credit) to your balance owing.

How we automatically apply credits and refunds to your debt

How we will notify you when we begin taking action

If you have a debt and haven't confirmed arrangements to pay it, or if you don't make your scheduled payments on time, we may begin legal actions.

Before we start legal actions, we will generally:

  • Make up to 3attempts to give you a verbal legal warning by phone
  • Send 1written legal warning letter

However, if your business owes a payroll or GST/HST remittance debt, we may begin legal actions right after you are notified of your debt.

In some situations, we may decide there is a risk of not collecting all or part of your tax or COVID-19 business subsidy debt while it is still under collections restrictions. We can apply to the Federal Court or the superior court of a province for a jeopardy order. This allows the CRA to take immediate legal actions to collect the debt.

Refer to: Collection of tax debts in jeopardy

Business debts and COVID-19 business subsidy debts

For GST/HST remittance and payroll deduction debts, the notice of assessment or reassessment is considered the written legal warning for amounts owing. Once a verbal legal warning is attempted, the CRA can proceed with legal actions. The CRA can continue to collect amounts assessed on corporate accounts even if you filed an objection or an appeal to the Tax Court.

If you are a large corporation, as defined in the Income Tax Act, and have filed an objection or an appeal, the CRA can start collecting 50% of your assessed income tax owing right away.

For corporate tax, GST/HST remittance, payroll, and COVID-19 business subsidy debts, set-offs can be issued as soon as a notice of determination/assessment has been sent.

Validity period

A legal warning is valid for 180 days. The CRA can start legal action at any time during this period even if the balance changes.

To renew a legal warning after the first 180 day period has expired without any legal action taken, the CRA is required to give only one legal warning, either verbal or written.

The legal warning period does not expire even when there is ongoing legal action.

Make sure it's really the CRA contacting you

If you receive a call about a CRA balance owing or a debt collected by the CRA that you never saw on a Notice of Assessment, Notice of Reassessment, Notice of Determination, notice of Debt, or another notice:

To learn more about what a CRA agent will and will not do, refer to: What to expect when the CRA contacts you

Legal actions we may take

Depending on your situation, there are different legal actions the CRA might take.

For more about how much time the CRA has to collect debts, refer to: How long a debt can be collected

If you don't pay your debt - Debt collection at the CRA (2024)

FAQs

If you don't pay your debt - Debt collection at the CRA? ›

If you have a debt and haven't confirmed arrangements to pay it, or if you don't make your scheduled payments on time, we may begin legal actions. Before we start legal actions, we will generally: Make up to 3 attempts to give you a verbal legal warning by phone. Send 1 written legal warning letter.

What happens if you don't pay a collection agency in Canada? ›

If you sign a secured credit agreement and don't make your payments, the creditor has a legal right to seize the security. If the value of the security doesn't cover your debt, the creditor may also sue you for any money left owing, including interest and costs.

Do unpaid collections go away in Canada? ›

Can you get out of collections without paying? Many Canadians believe that unpaid debt disappears at some point if you ignore it long enough, but the reality is that debt doesn't stop existing unless you repay it. If you have unpaid debt, you will continue to owe money for the rest of your life.

Can Canadian debt collectors go to the US? ›

Collecting Canadian debt in the US can be easy and possible, yet it depends solely on your paperwork and credit checks. At PCM Corp, we have over 30 years of experience with cross-border debt collection (as well as International Debt Collection).

Can a collection agency take you to court in Canada? ›

Can a collection agency take you to court? Yes, a collection agency that has bought the debt from the creditor can take you to court, as can a creditor themselves. However, you will seldom be taken to court for a debt that is less than six months overdue.

Is unpaid debt a criminal Offence in Canada? ›

Can you go to jail for not paying student loans? No, you won't be arrested or go to jail for not paying your student loans. No, you won't be arrested or go to jail for not paying your credit card debt. In Canada, not paying your creditors is not cause for arrest or imprisonment.

What happens if I never pay a debt in collections? ›

Ignoring a collection agency can negatively impact your credit, cause your debt to accrue interest and potentially result in a lawsuit. It's ultimately better to pay or dispute a debt than avoid debt collection agencies altogether.

How long until debt is forgiven in Canada? ›

6 years, except when: provincial legislation (a judgement) overrides the original limitation (may vary from 10 years to unlimited) the loan was established or expired before August 1, 2003 (no limitation period)

Can a 10 year old debt still be collected? ›

Can a Debt Collector Collect After 10 Years? In most cases, the statute of limitations for a debt will have passed after 10 years. This means a debt collector may still attempt to pursue it (and you technically do still owe it), but they can't typically take legal action against you.

What happens if you don't pay your debt and move to another country? ›

Technically, nothing happens to your debt when you leave the country. It's still your debt, and your creditors and collectors will continue trying to get you to pay it back. Just as they would before, those efforts may include phone calls and letters.

Can Canadian debt follow you to another country? ›

If you have left Canada, have not been paying your creditors, and have not filed a form of debt relief, your creditors can still pursue legal action against you. They are well within their rights to sue you, and continue to collect on their debts no matter where you are in the world.

Can you be stopped at the airport for debt in Canada? ›

While we are not lawyers, we can state with confidence it is unlikely someone would be detained by a Border Agent upon their return to Canada if any type of consumer debt (such as student loans, income taxes or credit cards) is outstanding.

What happens if you ignore collection agency Canada? ›

If you stop making payments to a creditor or collection agency, they can sue you for the money you owe. The court will look at factors like the size and age of your debt, how much you make and what assets you own.

Will a collection agency sue for $10,000 in Canada? ›

Another factor to consider is that taking someone to court is costly, so it's unlikely that a collection agency will sue for a small amount, especially if it's smaller than the cost of a court case, which can reach upward of $10,000.

Will a debt collector sue me for $500? ›

Most debt collectors won't sue for less than $500. However, any unpaid debt can potentially result in collections legal action regardless of amount owed if the collector determines suing worthwhile.

Can a collection agency seize your bank account Canada? ›

Creditors – if you have unpaid debts like credit card debts, personal loans, or payday loans, creditors are able to have your Canada bank accounts frozen. It isn't as straightforward as simply freezing your bank account, however.

Does debt follow you to Canada? ›

Technically, nothing happens to your debt when you leave the country. It's still your debt, and your creditors and collectors will continue trying to get you to pay it back. Just as they would before, those efforts may include phone calls and letters.

What happens to your debt when you leave Canada? ›

Unless the debt is substantial, most creditors will refrain from pursuing you internationally. Instead, they may attempt to pressure family members still in Canada, suggesting severe consequences if the debt isn't repaid. However, this is a myth. Creditors, like everyone else, must abide by the law.

What are the consequences of not paying a collection agency? ›

If you're facing debt collection, it's important to understand how the process works and what options you have. If you ignore a debt in collections, you can be sued and have your bank account or wages garnished or may even lose property like your home. You'll also hurt your credit score.

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