Residency, filing deadlines, interest and penalties
22 How are penalties and interest calculated on late payments and late filings?
Gurwant Singh
Late filing of tax returns and late payment of taxes are two different concepts, which could increase overall tax owed significantly. The interest penalty on late payment of taxes is charged when installments and/or final payments of tax are late or insufficient.
Every individual is required to file tax returns with Canada Revenue Agency (CRA) by April 30th (regular filing date) or June 15th (if they, or their spouse, operate a business). The inability of an individual to file taxes within the due date is subject to a 5% immediate penalty, AND 1% for each complete month on the amount owing (the penalty doubles for repeat offenders). The interest is then charged on the outstanding balance as well as on the penalty and the interest is compounded daily. Interest is calculated using the prescribed rate of interest which is updated quarterly. Prescribed rates for 2024 are:
Quarters In the Year 2024 | Prescribed Interest Rates |
---|---|
January-March | 10% |
April-June | 10% |
July-September | 9% |
October-December | 9% |
Example: Mr. Jackson is an employee and has tax payable of $75,000 based on his income in the 2023 calendar year. He files his tax return and pays the outstanding tax on June 9th, 2024. His penalty and interest are calculated as follows:
Taxes Payable | Penalty | Notes | |
---|---|---|---|
$75,000 | $4,500 | (5% + (1 complete month * 1%)) * $75,000 | |
Interest on Tax payable | $822 | 10% prescribed rate * 40/365 * $75,000 | |
Interest on penalty | $49 | 10% prescribed rate * 40/365 *$4,500 | |
Total tax liability |
$80,371 |
Note, for simplicity, the above table does not consider compounded daily interest.
The tax is payable by April 30th, therefore, the interest on tax payable is calculated for 40 days (from April 30th until it is paid on June 9th) using a 10% prescribed rate. The tax return was due on April 30th (as he is not operating a business) therefore the interest on late filing penalty is calculated for 40 days as well. Note, if Mr.Jackson or his spouse were self-employed, the filing deadline would be on June 15th, so there would only be interest on the late payment (as he filed before the deadline on June 9th)
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September 2024
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