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Tax Affidavit Form for Canada

Tax Affidavit Form Template for Canada

A Tax Affidavit Form is a legally binding sworn statement used in Canadian tax matters, governed by federal and provincial legislation. This document serves as a formal declaration under oath regarding tax-related information, circumstances, or claims. It must comply with both the requirements of the Income Tax Act and provincial evidence acts, and typically requires execution before a Commissioner of Oaths or Notary Public. The document can be used for various tax-related purposes, including appeals, residency declarations, or explanations of tax positions to the Canada Revenue Agency.

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What is a Tax Affidavit Form?

The Tax Affidavit Form is a crucial document in Canadian tax administration and legal proceedings. It is typically required when formal sworn statements are needed to support tax positions, appeal tax assessments, or provide explanations to tax authorities. The document must be prepared in accordance with both federal and provincial requirements, including proper execution before authorized officials. Tax Affidavit Forms are commonly used in situations involving tax disputes, residency declarations, requests for taxpayer relief, or explanations of complex tax positions. They form part of the official record and can be used in proceedings before the Canada Revenue Agency or Tax Court of Canada. The content must be truthful and accurate, as false statements can result in serious legal consequences.

What sections should be included in a Tax Affidavit Form?

1. Title and Court Reference: Identifies the document as a Tax Affidavit and includes any relevant court file numbers or administrative references

2. Declarant Information: Full legal name, address, and occupation of the person making the affidavit

3. Jurisdiction Statement: Statement establishing the jurisdiction (province/territory) where the affidavit is being sworn

4. Oath/Affirmation Statement: Standard legal text establishing that the declarant is swearing/affirming under oath

5. Basis of Knowledge: Statement explaining how the declarant has personal knowledge of the facts being sworn to

6. Tax Matter Declaration: Specific statements regarding the tax matter(s) being addressed

7. Truth Statement: Standard declaration that all statements made are true to the best of the declarant's knowledge

8. Signature Block: Space for declarant's signature, commissioner's signature, and date of swearing/affirming

What sections are optional to include in a Tax Affidavit Form?

1. Corporate Authority: Required when the declarant is signing on behalf of a corporation, establishing their authority to do so

2. Foreign Income Declaration: Include when the affidavit involves foreign income or assets

3. Residency Status: Required when the tax matter involves questions of Canadian residency status

4. Third Party Authorization: Include when the declarant is acting as an authorized representative for another taxpayer

5. Previous Filings Statement: Include when referencing or correcting previous tax filings

6. Explanation of Delay: Required when the affidavit relates to late filings or responses to CRA

What schedules should be included in a Tax Affidavit Form?

1. Schedule A - Financial Statements: Detailed financial information supporting the tax declarations

2. Schedule B - Supporting Documents List: Inventory of all supporting documents referenced in the affidavit

3. Schedule C - Tax Calculations: Detailed calculations related to the tax matter being addressed

4. Appendix 1 - Documentary Evidence: Copies of relevant tax returns, notices of assessment, or other tax documents

5. Appendix 2 - Correspondence: Copies of relevant correspondence with tax authorities

6. Appendix 3 - Authorization Documents: Copies of power of attorney or other authorization documents if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions


























Clauses




















Relevant Industries

Financial Services

Legal Services

Accounting

Tax Advisory

Corporate Services

Public Administration

Banking

Investment Management

Real Estate

International Trade

Non-Profit Organizations

Professional Services

Relevant Teams

Finance

Legal

Tax

Compliance

Treasury

Corporate Secretariat

International Tax

Financial Reporting

Risk Management

Corporate Affairs

Relevant Roles

Tax Manager

Tax Director

Chief Financial Officer

Financial Controller

Tax Accountant

Legal Counsel

Tax Lawyer

Compliance Officer

Finance Manager

Corporate Secretary

International Tax Specialist

Tax Compliance Manager

Treasury Manager

Financial Reporting Manager

Tax Partner

Senior Tax Analyst

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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