Appeal Process

Objection

If you do not agree with the reason(s) to disallow the  Disability Tax Credit  (DTC), you may register a formal complaint by filing an Objection to have the decision reviewed by the Appeals Branch of the Canada Revenue Agency (CRA). The Objection must be filed with the regional tax office of CRA within 90 days of the date of the Notice of Assessment disallowing the tax credit. A letter is also acceptable. Provide the reasons for your Objection, along with all of the pertinent information, including name, address, phone number, Social Insurance Number, and taxation year(s) under appeal. Stress the disabling effects of your "prolonged and severe impairment" with as much detail as possible. Attach copies of any supporting medical documents. If the DTC was granted in previous years, include this information. Keep copies of all correspondence.

(Note: If you did not file your objection on time because of circumstances beyond your control, you can apply for a time extension by writing to the Chief of Appeals at your Appeals Intake Centre  or by using the My Account online services. You will need to explain why you did not file your objection on time and enclose your objection. Apply as soon as possible, but the application must be made within one year after the expiration of the time limit to file an objection.)

You will receive one of two letters:

Notice of Appeal

A Notice of Appeal must be filed with the Tax Court of Canada within 90 days of the date of the Notice of Confirmation from CRA. A letter is also acceptable under the Informal Procedure.

(Note: If you have missed the deadline, because of circumstances beyond your control, you also have up to one year to file an application requesting an extension to file the appeal. Provide details of your case, the reason why you need an extension and a copy of the Letter of Confirmation. Send your letter to The Tax Court of Canada, 200 Kent Street, Ottawa, ON K1A 0M1.)

When you file the Notice of Appeal, you are identified as the Appellant and can be represented by an agent such as a relative or friend if you do not wish to represent yourself or retain a lawyer. (If you are represented by an agent or lawyer, you will need to inform the Tax Court by letter.) Don't hesitate to contact the Tax Court (1-800-927-5499) if you have any questions.

Provide the reasons for your appeal in detail along with all of the pertinent information including your name, address, phone number, Social Insurance Number and taxation year(s) under appeal, the date of the Letter of Confirmation and the name of the agent or lawyer if you have someone acting on your behalf. Submit the original and two copies of the Notice of Appeal to the Tax Court in your area.

The lawyer acting on acting on behalf of the CRA must file the Respondent's Reply to the Notice of Appeal outlining the facts CRA relies on for its assessment, along with statutory provisions supporting its assessment.

After you have received a Notice of Hearing with the date and location of your court hearing, the CRA lawyer will be contacting you.

If you have evidence to present in Tax Court, provide copies of all documents, including copies of relevant Tax Court cases, to the lawyer at least a week prior to the Hearing so that he/she will have an opportunity to review your evidence. You will also need two additional sets of copies of all documents for the Judge and the recording secretary at the time of the Hearing.

If the lawyer acting on behalf of CRA is not confident that he or she has a solid case, you will be contacted with a settlement offer and asked to accept the Consent to Judgment acknowledging your entitlement to the DTC for the taxation year(s) in dispute.