GST refund seized
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Category: Immediate Attention and Info!
Forum Name: Collection of Old - Stats Barred - Loans
Forum Description: Post questions about old loans and Statute of Limitations Issues
URL: https://www.canadastudentdebt.ca/forum_posts.asp?TID=7059
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Topic: GST refund seized
Posted By: Jason
Subject: GST refund seized
Date Posted: 12/June/2015 at 6:35pm
I have a set of old federal student loans only, no provincial loans, from 1999-2002 totaling some 20K as best I can recall. I haven't kept any documents, and I haven't been contacted about it or made any contact for ten years or more. I'm on social assistance aka welfare, that's my only income.
A few years ago they started to seize the GST refund resulting from my federal tax return. So I stopped filing the federal return, now I only file my provincial return here in Quebec.
I would like to know if it is really allowed for them to seize my GST refund - firstly due to the statute of limitations, and secondly isn't there some kind of rule about it...here in Quebec they cannot garnish the provincial tax rebate which is given out to low income people, called the "solidarity tax credit", to pay off a debt because it would be a hardship for someone with such low income. It doesn't seem right that they can seize the GST refund from someone with a monthly income of $600.
Second thing I would like to know is if I go back to work, can they garnish my wages even with the statute of limitations? And even if I make minimum wage?
Also I am considering filing the federal return this year because I may need the notice of assessment to participate in a government program here, and I was wondering if I could hurt myself in doing so. In getting my GST refund seized again, could this be considered an acknowledgment of the debt and thus reset the waiting period for the statute of limitations? What does the statute of limitations really do for me, I guess is what I'm also asking, and is there any way to know for sure that I have it?
Any advice will be greatly appreciated, thanks.
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Replies:
Posted By: Jason
Date Posted: 12/June/2015 at 7:20pm
As an addendum to my question, I have found in my old tax records a letter from Canada Revenue Agency dated March 16, 2009 saying that they are responsible for collecting my debt to HRSDC. And there is an earlier letter advising me HRSDC has asked CRA to recover my debt from any income tax refund or tax credit payment I may be entitled to receive. My 2008 notice of assessment does not mention the GST credit, so I am not sure if it was seized or if I purposely did not ask for it when I prepared the return (there was a box you had to check to request it), knowing I would not receive it. What I am sure of is that 2008 is the last year for which I filed my federal tax return. My 2007 return says I am to get the GST credit for that year.
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