Uber Drivers & CRA Audit
CRA has conducted a tax audit of Uber in Canada and has asked for access to Uber’s books and records. They did the same thing with Ebay a few years ago, and audited Ebay power sellers. The big danger to Uber operators may not be municipal regulation or opposition from Taxi drivers, but the tax man. CRA has the right to obtain details of Canadian Uber drivers from Uber Canada and to then do a tax audit of those drivers to ensure that they have reported all of their Uber income. Income earned from operating a vehicle as an Uber driver is fully taxable and has to be reported to CRA, although expenses related to operating that vehicle, such as car insurance, gasoline, and repairs and maintenance are fully deductible. If you are losing sleep because of unreported Uber income, your situation may not be as bad as you fear. Any Uber drivers who have unreported Uber income are subject to prosecution for tax evasion as well as civil penalties for unreported income. However CRA tries to promote voluntary compliance with Canadian income tax laws, through the voluntary disclosure program (VDP) also known as tax amnesty or tax pardon. The purpose is to encourage taxpayers, such as Canadian Uber drivers, to come forward to report any previously unreported HST or income or to file tax returns that were not previously filed. The Uber driver, through a Canadian voluntary disclosure income tax lawyer, must initiate the voluntary disclosure with Revenue Canada before it commences an income tax audit of unreported Uber income. If CRA has begun audit or enforcement action, or even asked for information, the disclosure will not be considered to be voluntary and full penalties and possible prosecution will be applicable. The voluntary disclosure application must include enough information and details to allow CRA to verify all of the facts. If the voluntary disclosure is accepted there will be no criminal prosecutions or civil penalties, including gross negligence and late filing penalties. There is a full waiver of all possible income tax penalties and sometimes an interest reduction is available as well. The taxes that would otherwise have been owed will have to be paid, along with interest. In addition, the identity of any Uber driver making a voluntary disclosure for unreported Uber income will be held in confidence. This is the opposite to CRA’s position with all other income tax prosecutions where they seek the maximum publicity possible and issue press releases. It is important to emphasize that the voluntary disclosure program applies even to someone who has committed deliberate tax evasion, including failure to declare income, such as Canadian Uber drivers who have not declared their income. Go to www.canadiantaxamnesty.ca/article/uber-drivers-and-income-tax-and-hst/ to know about some frequently asked questions.
Check out our page about how Canadian Tax Income applies to Uber Drivers