Prescribed Interest Rates for GST/HST

I was recently asked what is the difference between the rates of interest (1) payable by a tax debtor to Canada for GST/HST and (2) payable by the Government of Canada to a taxpayer when an incorrectly assessed amount of GST/HST is refunded.  There is a difference.

Period  Refund Interest Payable By Canada Arrears and Instalment Interest
2010    
July 1 - September 30

1% Corporate taxpayers

3% non-corporate taxpayers

5%
April 1 - June 30 3% 5%
January 1 - March 31 3% 5%
2009   5%
October 1 - December 31 3% 5%

The prescribed rate of interest on refunds and amounts owed to corporate taxpayers recently changed.  The Auditor General raised concerns in her Spring 2009 report about interest paid by Canada to corporations regarding overpayments.  Simply put, the interest rate payable by Canada to corporations on overpayments of tax was higher than bank interest rates and was costing the Government of Canada.

From the perspective of the taxpayer, the CRA should not be incentivized to make incorrect assessments, force payment and hold on to the taxpayer's money.  The change creates a disincentive to the CRA to settle tax disputes.

This Blog/Web Site is made available by Cyndee Todgham Cherniak and Cyndee Todgham Cherniak Professional Corporation for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your province.

The law firm McMillan LLP does not have any connection with this Blog/Web Site.

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