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Form 12153 IN: What You Should Know

The CRA is responsible for handling complaints regarding potential tax liabilities and, under certain circumstances, may request an evaluation based on the facts of the case of whether and to what extent any penalties or interest that may be due to have been paid. If you believe that a penalty has been assessed on your individual taxes as a result of the IRS decision that your request for review of your refund was not made timely, and if you have made reasonable efforts to make arrangements to file the request for review of your refund, the CRA may waive the time limit for filing a CRA Notice of Allowance and Request For Review of Your Refund by accepting your request to file a return and pay your penalty in installments. You must first prepare a CRA Request for Review of a Refund (CLR-2 and/or RF-2). These forms must be prepared before filing a tax return and the CRA will not consider a refund or amended return filed after that time. If you are a U.S. citizen, the IRS will consider you a U.S. taxpayer only for the tax year in which you file a return. If you file an Individual Income Tax Return or an Estate Tax Return, the IRS does not consider you a U.S. taxpayer. If you have not filed your Individual Income Tax Return during the tax year that we consider your return eligible for review, then there is no requirement for you to file it. A collection hearing is a hearing in which the CRA examines, in a neutral forum, your claim that a tax penalty was assessed against you for failure to make required timely payment of a tax liability, or that you should have paid that tax liability, by a certain date, within a specified period of time, and the amount assessed should be determined as a penalty for that tax liability. A Collection Due Process hearing is a non-adversarial hearing. The CRA considers the matter without regard to the merits of the claim, the merits of the evidence, the credibility or integrity of witnesses, or any other factor unrelated to the determination of whether the collection order should be modified, and does not consider evidence or other information to support an argument. The CRA is not required to give you any notice before holding you in attendance. There is an oral hearing available to all parties at the CRA office responsible for processing your case, and you are not required to appear at that meeting.

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