17 May 2022 IFA Roundtable Q. 9, 2022-0926341C6 - Contemporaneous Docs and COVID-19 -- summary under Subsection 247(4)

Will CRA provide any COVID-related relief regarding the requirement under s. 247(4) to complete contemporaneous documentation (“CD”) meeting statutory requirements within six months of the end of the relevant taxation year? CRA responded:

The CRA does not intend to provide, in the context of the situation described above, an administrative relief to extend the “documentation-due date”, as defined in subsection 247(1), of a taxpayer or partnership for the purposes of the CD rules in subsection 247(4), or to otherwise administratively relieve taxpayers or partnerships from meeting their obligations under subsection 247(4).

In determining whether a taxpayer or a partnership has made or obtained records or documents that provide a description that is complete and accurate in all material respects of the items listed in subparagraphs 247(4)(a)(i) to (vi), the CRA will continue to rely on the guidance found in the … TPM-09 … .

CRA also noted that it has the authority under s. 220(3.1) to waive penalties or interest, as described further in IC07-1R1.

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