Conditions for Filing a Voluntary Disclosure
To benefit from the voluntary disclosure program, your application must be spontaneous, complete and verifiable, and your tax debt must be paid.
- Before applying, make sure your voluntary disclosure is being made for an eligible situation.
- Voluntary disclosures concerning the goods and services tax (GST) and the harmonized sales tax (HST) are subject to the Canada Revenue Agency's Voluntary Disclosures Program.
Spontaneous application
Your disclosure must be voluntary and spontaneous, meaning you must file one before:
- Enforcement action is taken against you or a person related to you.
- We become aware of mistakes or omissions in your previous returns.
Complete application
To be complete, your application must disclose, for all fiscal laws, taxation years and periods, all the instances where you failed to meet your fiscal obligations. You must also calculate or estimate your income and the amount you owe.
Verifiable application
For your application to be verifiable, you must turn over all the available information (your previous returns and related documents) required to determine the accuracy of the facts submitted and the estimated amounts owed.
If we have clear reason to believe that you provided all available information and legitimately cannot find or get certain documents, or you made reasonable efforts to estimate the amounts owed, your application may be considered verifiable. We may then use other methods to make adjustments and send you a transaction proposal.
Tax debt paid
You must pay your tax debt when you file your voluntary disclosure. You must therefore enclose payment of the amounts owed with form LM-15-V, Voluntary Disclosure.
If your situation makes it dificult to determine all the amounts you owe, you must enclose payment of the amounts you are able to estimate with the form.
In some cases, we may be able to reach a payment agreement that takes into account all the amounts due on the date of the agreement (i.e. the amounts covered by your voluntary disclosure and any other tax debt).