What is the late filing penalty for Form RC4288?

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Answer

Requests cancellation or waiver of penalties and interest for circumstances beyond the taxpayer's control. The exposure on this kind of filing is charged by reference to the form and the delay rather than to the tax, which is why an unfiled year with no tax can still be expensive.

What a late filing costs

Requests cancellation or waiver of penalties and interest for circumstances beyond the taxpayer's control.

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When it does not bind you

It relieves penalties and interest, never the tax, and it runs on a look-back limit. The request is a documented narrative — dates, evidence, cause and effect — not a request for leniency.

What is the late filing penalty for Form RC4288?
ItemAmount
Years unfiled3
Forms due per year3
Assumed penalty per formUS$3,000
Exposure before any reliefUS$27,000
Tax actually owed on the incomeUS$0

US$27,000 of exposure against nil tax. That asymmetry is why the disclosure routes exist and why the sequence of filings matters more than the arithmetic — filed in the right order under the right route, the penalty position can be very different from this.

Example figures throughout, selected to make the rule visible, with rates and thresholds assumed for the demonstration. Your actual filing uses figures confirmed with the issuing authority for your tax year.

Where to go from here

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on RC4288 — taxpayer relief request. We will tell you if you do not need us. That happens more often than you would expect.

Reviewed for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. Published as general information. For a position on your own file, call the 24-hour helpline.

Penalty for not declaring foreign bank account — what this page covers

Readers arrive here searching for penalty for not declaring foreign bank account, and Form RC4288 is what the page is about. Below: who it catches, what has to be filed, and what it costs — quoted in writing, before anything is done.

Cross-border situations we are engaged for

Case study 1

Relief request built from a hospital admission chronology

A taxpayer had left a run of years unfiled through a period of serious illness and had been assessed penalties and interest on each of them. The returns went in first, because relief cannot be measured until the charges exist. We then built a dated chronology from admission and discharge records, treatment dates and correspondence, and matched each unfiled year to the part of that period it fell in. The request set out cause and effect year by year rather than describing the illness in general terms, and produced a written decision on each year inside the look-back window.

Read how this one runs
Case study 2

Separating departmental delay from the taxpayer's own delay

Interest had accumulated on a reassessed year while the file sat with the agency after the taxpayer had answered every request for information. The work was documentary. We reconstructed the correspondence into a single timeline showing what was asked, when it was answered and how long each gap ran, then split the interest into the part attributable to the taxpayer's own delay and the part that accrued after the file was complete. The request asked only for the second part, which is the version of the argument that can be evidenced line by line from the agency's own letters.

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Case study 3

Second level review after a first relief request was refused

A first request had been refused. The facts had not changed, but they had been presented as a covering letter with attachments and no chronology, and the decision turned on points that letter never addressed. We reorganised the same material into a dated sequence, answered each reason given for the refusal in turn, and enclosed the records that had been referred to but never attached. The review produced a fresh written decision. Nothing was invented for it; the difference was that the reviewer could follow the causation instead of assembling it themselves.

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Case study 4

Where relief was the wrong instrument for the complaint

A client asked for penalties and tax alike to be written off after an assessment they believed was simply wrong. Relief reaches penalties and interest and never the tax, so a request would have been answered on its own terms and would have left the real objection unheard. We separated the two complaints. The disagreement with the amount assessed went down the dispute route, on its own deadline, and the relief request was held back for the penalty and interest consequences that would remain if the assessed amount survived.

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Case study 5

Splitting a long backlog into reachable and unreachable years

A backlog stretched further back than any relief request can reach. We dated the window from the year the request would be filed, identified which assessed years fell inside it, and filed for those. The older years would have been refused on timing alone, so the work there was different: confirm the balances, clear the principal so daily interest stops compounding, and record why no request was made. The client finished with a written note of which years were argued, which were paid, and why the two sets were handled differently.

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Case study 6

Testing whether the higher repeat penalty rate applied at all

An assessment had been raised at the higher repeat rate. That rate is not triggered by repetition: it requires that the agency had issued a demand to file and had charged a late-filing penalty within the earlier period the rule specifies. The client had assumed a history of lateness was enough. The first step was therefore the account history, to see whether a demand had in fact been issued and a penalty charged inside that period. Part of the assessment did not meet the conditions, so the relief request covered the properly charged years and the rate itself was taken up separately.

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Case study 7

Interest and Penalties Put to a Relief Application

Relief is discretionary and is decided on the circumstances that caused the delay, evidenced year by year. The application is built from the same chronology the filings rest on, so the two cannot contradict each other.

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Case study 8

Ten Years of Missed Returns Filed as One Engagement

Filing many years at once is a sequencing problem: carry-forwards, instalments and credits from the earliest year feed the latest. Filing them out of order is what turns a recoverable position into an assessed one.

Read how this one runs

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Asked next about Form RC4288

Is there a late filing penalty for Form RC4288?

No. Form RC4288 is a request for relief, not a return, so it carries no filing deadline of its own and no penalty for going in late. What it does carry is a look-back limit: the request can only reach penalties and interest for years inside that window, so delay costs you access to the older years rather than money on the form itself. The charge most people mean when they search this is the late-filing penalty on the return, and that is the charge the request asks the agency to cancel or waive.

How much of a late filing penalty can an RC4288 request cancel?

Whatever has actually been charged on the return. For the 2025 tax year the late-filing penalty is 5% of the balance owing at the filing deadline, plus 1% of that balance for each full month the return is late, to a maximum of 12 months. A higher rate applies where the agency had issued a demand to file and had charged a late-filing penalty in any of the three preceding tax years: 10%, plus 2% per full month, to a maximum of 20 months. The request asks for cancellation or waiver of that amount and of the interest charged on it.

Can Form RC4288 cancel the tax I owe as well?

No. Relief reaches penalties and interest; the tax itself stays payable. That distinction decides whether the form is worth filing at all. If your complaint is that the assessment is wrong, relief is the wrong instrument, because you are disputing the amount rather than asking for it to be forgiven, and that is a separate route with its own deadline. If the tax is right but the penalties and interest grew because of illness, a disaster, a departmental delay or something comparable outside your control, the request is aimed at precisely that part of the balance.

Do penalties keep growing while the CRA reviews my request?

The late-filing penalty does not compound. Once charged on a return it is a fixed amount. Interest behaves differently: it compounds daily on the unpaid balance, so the balance grows for as long as it sits there, review or no review, and nothing about filing Form RC4288 pauses that. Where the money is available, paying the balance down while the request is being considered stops interest running and does not weaken the request. The request still asks for what was charged up to that point to be cancelled or waived.

How far back can a Form RC4288 request go?

Only as far as the look-back limit allows. The request runs against a window measured from the year it is filed, and penalties and interest for years older than that window are out of reach however good the reasons are. Two things follow. A long stretch of unfiled years usually splits into reachable years and unreachable ones, and the reachable years should not be allowed to age out while the file is being assembled. And where an older year cannot be reached, the only remaining lever on it is the principal, because clearing the balance stops interest compounding.

What evidence do I need to send with an RC4288 request?

A chronology, and documents that support it. The request is a documented narrative of dates, evidence, cause and effect rather than a plea for leniency, and the most common reason one fails is that it asserts a circumstance without showing how that circumstance prevented the filing or the payment. So: what happened, when it started, when it ended, what you did during that period, and the records that corroborate each step. Where a departmental delay forms part of the cause, the dated correspondence showing that delay is the evidence for it.

My T3 or T5 shows foreign income — does that go on the T1135 too?

They answer different questions. The slip reports income you received; the T1135 reports property you held. Foreign income earned inside a Canadian mutual fund or ETF is reported on the slip, but the underlying foreign securities belong to the fund, not to you, so they are not your specified foreign property. Foreign shares held directly in your brokerage account are — even though the broker is Canadian and the account statement is in dollars. See the T1135.

Who has to file an FBAR?

A US person whose foreign financial accounts, added together, exceed the reporting threshold at any point in the year — measured on the aggregate high balance, not on year-end value, and not on income. It captures accounts you merely have signature authority over, so business and family accounts are frequently missed. It is filed with FinCEN separately from the tax return, and its penalties are separate too. See FBAR — FinCEN 114.

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