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22 August 2025

What Do You Do When The Taxman Comes Knocking?

MT
Miller Thomson LLP

Contributor

Miller Thomson LLP (“Miller Thomson”) is a national business law firm with approximately 500 lawyers across 5 provinces in Canada. The firm offers a full range of services in litigation and disputes, and provides business law expertise in mergers and acquisitions, corporate finance and securities, financial services, tax, restructuring and insolvency, trade, real estate, labour and employment as well as a host of other specialty areas. Clients rely on Miller Thomson lawyers to provide practical advice and exceptional value. Miller Thomson offices are located in Vancouver, Calgary, Edmonton, Regina, Saskatoon, London, Waterloo Region, Toronto, Vaughan and Montréal. For more information, visit millerthomson.com. Follow us on X and LinkedIn to read our insights on the latest legal and business developments.
Worry, stress, frustration, and that sinking feeling of "why me?"—that's almost every taxpayer's first reaction when they find out they're being audited.
Canada Tax

Worry, stress, frustration, and that sinking feeling of "why me?"—that's almost every taxpayer's first reaction when they find out they're being audited. And with good reason: taxation is a complex field, and audits are often risky, protracted, and costly affairs.

While it's impossible to predict the length or scope of an audit, you can often greatly mitigate its impacts, and even its tax consequences, through careful, proactive management.

The burden of proof falls on the taxpayer


It's important to remember that in a tax audit, the burden of proof generally falls on the taxpayer. This means you are responsible for proving that your tax position is sound, rather than the reverse. From the moment you receive the audit notice until the audit closes, every interaction with the tax authorities can directly affect the outcome of your case.

Here are some ways to manage the process effectively:

1. Get involved

Take an active role in managing your file. You know your business better than anyone and should carefully prepare or review any documents sent to the authorities. Presenting clear, consistent, and accurate information is paramount.

2. Paint a coherent picture of your business

Auditors don't know the ins and outs of your industry. By painting a clear, coherent picture of your business, you can prevent misunderstandings and help your auditor apply the proper tax rules to your situation.

3. Centralize communications

It's best to have only one person—whether it's you or your representative—interact with the authorities. This keeps responses consistent, ensures requests are addressed quickly, and reduces the risk of confusion.

4. Be meticulous

Clear, well-organized documents are essential. By preparing them meticulously, you make it easier for the tax authorities to analyze your file and reduce the likelihood that information will be misinterpreted.

5. Document all communications

Whenever possible, send information and make representations in writing. This ensures all communication can be traced and reduces any ambiguities.

6. Maintain a constructive dialogue

A good relationship with your auditor will help you understand the issues raised and address them appropriately. Openness and cooperation can work in your favour.

7. Seek expert advice

Consider consulting a tax accountant or lawyer. Depending on your needs, these specialists can assist you on a one-off or ongoing basis. Their expertise can optimize the process, help prevent mistakes, and, in some cases, greatly improve the outcome of the audit.

Tax audits are serious— but they don't have to be daunting


While some audits lead to tax disputes, thorough preparation and solid guidance can help you close your case smoothly. By taking a structured, proactive approach, can satisfy the tax authorities and address irregularities before they escalate.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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