Did Revenue Canada deny your application for the disability tax credit? Do you need to appeal? Our Halifax disability tax credit lawyers can help with your appeal, or represent you at the Tax Court. Call us at 902-800-8336 for a free case review.
1969 Upper Water St., Suite 201, Halifax, NS B3J 3R7 | Tel: 902-800-8336
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Eligibility for the disability tax credit
There are several possible ways to be eligible for the disability tax credit. You have to fit one of the following criteria. You must be:
- markedly restricted in at least one basic activity of daily living
- significantly restricted in two or more basic activities of daily living
- in need of life-sustaining therapy
To qualify, your impairment must be present at least 90% of the time. And, you can’t be expected to improve in the next year or more.
Common reasons Revenue Canada denies claims for the disability tax credit
If Revenue Canada denies your claim for the disability tax credit, it will likely be for one of the following reasons:
- they don’t believe your restrictions are severe enough
- your disability is severe, but it affects you less than 90% of the time
- they don’t believe your disability will be prolonged
If you disagree with Revenue Canada’s decision, contact us for a free case review. Our Halifax disability tax credit lawyers will look at the denial letter, give you an opinion on the “real” reasons for denial, and help you understand what you can do to win.
Appealing a disability tax credit denial
If your disability tax credit application gets denied, you have the right to appeal. Your first appeal is directly with Revenue Canada — it’s called filing an objection. You have to file an objection form along with any new supporting documents. You can file everything online through the Revenue Canada website.
If Revenue Canada denies the objection, then you can also appeal that decision. At this point, it goes to the Tax Court of Canada. For most cases involving $25,000 or less, you should file your appeal using the Tax Court of Canada’s Informal Procedure. This procedure is less technical than a regular court procedure, but the rules of evidence still apply. Once you file your appeal, the Court will set a time for your hearing. They won’t do this immediately, but you may not get a lot of advance notice.
It is critical that you file all documents well in advance of your hearing. We strongly urge you to get legal advice before you appeal to the Disability Tax Court. We can review your rights and options with our Free Case Review. Our disability tax credit lawyers may be able to represent you on a contingency fee basis. You would only pay us if we win.
Why hire Resolute Legal?
We only get paid if we win your claim, so we have a huge financial incentive to win your case. You would be getting a firm that focuses exclusively focuses on disability claims — it is all we do.
We offer a 45 day Satisfaction Guarantee. So you are not 100% satisfied within the first 45 days of hiring us, you can walk away with no charges or questions asked.
We also give a Fair Fee Guarantee. We follow the Rules of Professional Conduct to ensure the contingency fee we charge is fair. When necessary, we reduce the fee percentages or fixed fee amount to make sure the fee is fair and reasonable. If you still have concerns, we arrange to have a Court Officer review our fee at no charge to you. The court officer can agree with the fee or reduce it to make it fair. You are then charged the fee approved by the Court Officer.
We can’t accept the cases of everyone who hires us, but please contact us for a free case review. We can explain your options and determine if we can represent you on a no-win, no-fee basis.
Call us 24/7 at 902-800-8336 for a free case review or fill out the form on this page.