CRA may provide filing extensions when the T1134 filing deadline has been accelerated

In the context of the proposed shortening of the T1134 filing deadline from 15 to 6 months, CRA indicated that it will consider a request for relief in the form of extensions and waivers of penalties on a case-by-case basis.

CRA indicated that the information should be available in the case of a controlled foreign affiliate. Where it is not, however, it should still be possible to file the T1134 on time but with some missing information – but bearing in mind that penalties could thereby apply, subject to relief in the reasonable efforts exception of s. 162(5)(a), or the due diligence exception of s. 233.5(c.2). CRA did not mention the jurisprudential due diligence defence.

Neal Armstrong. Summary of 16 May 2018 IFA Roundtable, Q. 10 under s. 233.4(4).