Audit or Investigation?
Do you know the difference?
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2011 Herin Holdings Limited carrying on business as Dewar McCarthy and Company Accountants
Typically both can conducted by the Canada Revenue Agency but
they are easily confused. Knowing what the differences are can really
help when the heat is on.
Audit (Call your accountant)
Audits are performed to ascertain the validity and reliability of
information you previously returned to CRA. In short, an audit is an
examination of you or your company’s financial affairs.
It is an examination, not an investigation and therefore cannot result
in criminal charges because the information obtained during the audit
was obtained without the protection of the Charter of Rights and
Freedoms. All information obtained is confidential.
Investigation (Call your lawyer)
An investigation is a probe or an inquiry into unfamiliar or
questionable activities. An unfavourable result could land you a
conviction and some jail time.
You should never answer even the most innocent questions without
seeking legal advice. Information obtained during an investigation
must remain confidential until you have been charged.
Tip
Always ask for a business card from the CRA representative. Usually
you can quickly establish if this is an audit or an investigation.
Information worth knowing
Forms
Occasionally CRA will ask you to complete certain forms as part of
their ongoing search for information.
At this point you should know that CRA suspects that there are some
gaps and inconsistencies in the information you have previously
provided.
NEVER complete any forms or answer any questions without
first discussing them with your accountant.
The alarm bells should start ringing if:
•
you are asked to complete a form asking for details about
your personal expenditure over a three year period,
•
you are asked questions about your business practices,
whom you bank with, bank account details, owners etc.
•
you are asked to clarify your relationship with clients you do
business with. You may be part of a larger audit or
investigation of one of your clients. It is a violation of
Section 231.2(2) of the Income Tax Act to attempt to
extract information regarding third parties who are not the
subject of the audit.
Though not obvious, anything that you say or answer may be held
against you at any time, now and in the future.
Software
In assessing the validity and believability of information you have
returned, CRA makes use of sophisticated software that detects
subtle changes and inconsistencies in your financial data. An
example:
Assuming that in year 1 your business Gross Profit Percentage is
52%, in year 2 its 42% and in year 3 its 65%. The wild swing in
GP% will likely trigger an audit.
Don’t believe me? The software is world renowned for its abilities
and is used by revenue agencies throughout the world.
It’s not worth playing dice with the tax man always seek
professional advice.
DEWARMCCARTHY.COM
ACCOUNTANTS
Dewar McCarthy
& Company