Part IIOrderPublished: July 21, 2021

Increase to Advance Income Tax Ruling Fees

Order Amending the Advance Income Tax Ruling Fees Order: SOR/2021-173

This order raises the hourly fee for requesting advance income tax rulings from the Canada Revenue Agency to $221.24 starting April 1, 2022, and to $281.22 starting April 1, 2023. The single hourly rate replaces the prior two-tier structure and also applies to pre-ruling consultations and supplemental rulings to better recover CRA costs.

Published
July 21, 2021
Department
Unavailable
Section
Order Amending the Advance Income Tax Ruling Fees Order
Comment deadline
Unavailable
Effective date
April 1, 2022
Publication part
Part II

Summary

Summary#

This order updates the fee charged for asking for an advance income tax ruling. Starting April 1, 2022, the fee rises to $221.24 per hour and then to $281.22 per hour as of April 1, 2023.

What it does#

  • Amends the Advance Income Tax Ruling Fees Order to change how much the government charges for advance income tax rulings.
  • Sets the fee at $221.24 per hour (or part of an hour) for the period beginning April 1, 2022 and ending March 31, 2023, and at $281.22 per hour as of April 1, 2023.
  • The fee applies whether or not the ruling request is later withdrawn, and it covers every hour or part of an hour spent preparing the ruling.
  • Replaces the old two-tier fee (previously $104.04 for the first 10 hours and $161.26 for subsequent hours as adjusted for CPI in 2020) with a single hourly rate.
  • The same hourly fee applies to related services such as pre-ruling consultations and supplemental rulings.

Who's affected#

  • Canada Revenue Agency users who request advance income tax rulings.
  • Businesses, corporate tax departments, law firms and accounting firms that request rulings or pre-ruling consultations to check tax consequences of planned transactions.
  • Small number of taxpayers who use this paid service; the rule notes the service is largely used by tax professionals.

Why it matters#

  • Requesters will see higher out-of-pocket costs when they ask the CRA for a written ruling about how tax rules apply to planned transactions.
  • The change is meant to recover more of the actual cost of providing the service; the CRA reported about $1.6 million in revenue and $3 million in costs for this service in 2019–2020. If the service were provided for free, taxpayers generally would cover roughly $3 million a year.
  • The fee increase was announced publicly (published April 17, 2021 for comment) but the Canada Gazette consultation received no submissions.
  • In practice, higher fees could make some people or firms decide not to request a ruling and instead take on more uncertainty about tax treatment.

Key topics

Advance Income Tax Ruling Fees OrderService Fees ActIncome Tax ActCanada Revenue AgencyCRAadvance income tax rulingpre-ruling consultationsupplemental rulingIncome Tax Rulings DirectorateDiane Lebouthilliertax rulingscost recovery$221.24/hour$281.22/hour

Source: Canada Gazette

Official source