Canadian Revenue Agency (CRA) Liens Properties

Canadian Revenue Agency (CRA) Liens Properties


Canadian Revenue Agency (CRA) Liens Properties

Canadian Revenue Agency (CRA) Liens Tax Lien can be described as a claim imposed by law against the private property of an individual owing tax to Canadian Revenue Agency (CRA). It is important to note that a tax lien can be implemented if a person owes taxes on personal property, real property, income or any other type of taxes.

  • Do you owe money to the Canadian Taxman Canadian Revenue Agency (CRA)?
  • The Canada Revenue Agency (“CRA”) has significant powers under the Income Tax Act (“ITA”) to collect personal income tax debt. This is a procedures most commonly used.

    Charge over Real Property (Your Home or any other real estate owned by the debtor (Tax payer)

    Under Section 223 of the ITA, the Canadian Revenue Agency (CRA) can register a lien over a debtors home (or any other real estate owned by the debtor). It does so through the following steps:

    • The Ministry of Revenue issues a certificate which certifies an amount owing by the tax debtor
    • This certificate is registered with the Federal Court and when so registered, it has the same effect as if the certificate were a judgment obtained against the debtor for the amount owing plus interest until the amount is paid
    • The certificate shall be deemed to be a judgment of the Court against the debtor for a debt due to Her Majesty in Right of Canada
    • Evidence of the certificate registered with the Court and a writ issued by the Court are filed with the land registry where the debtor’s property located. This creates a lien in favour of Her Majesty for the tax debt owed.

    Once this lien is registered, it effectively functions as a charge on the property and can only be removed once the tax debt is paid in full. Not even a proceeding under the Bankruptcy and Insolvency Act (such as a bankruptcy or consumer proposal) can remove this lien, as bankruptcy is only effective if it is filed before the lien is created.

  • Do you own property in Canada and have Canadian Revenue Agency (CRA) Lien?

 

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