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  Home > Bankruptcy Resources > Are tax debts different from other debts during bankruptcy?  

 

Are tax debts different from other debts during bankruptcy?

 
 

Yes. The Canada Revenue Agency (CRA) has much greater rights to collect debts owed to it than most of your creditors. If you owe the CRA, they can:

  • Charge interest and penalties on the amount you owe them as soon as it is overdue.
  • Take money directly from your pay check or bank account, through a process called garnishing.
  • Keep back any GST credits or child tax credits while you still owe the CRA any debt.

Tax debt is one of the most serious debts you owe, as the CRA is one of the few creditors with the ability to put you in jail (after a court case) if you have not paid them. If you approach them as an individual, rather than through a trustee or tax lawyer, the CRA will almost never reduce the amount you owe, including any penalties or late fees. At best, they are willing to allow you come up with a payment schedule. This is why it is important that your trustee know exactly how much tax you owe and if you have any years in which you did not file a tax return.

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