What is the late filing penalty for Form T1243?

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Answer

Computes the deemed disposition of property on emigration — the departure-tax calculation itself. 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

Computes the deemed disposition of property on emigration — the departure-tax calculation itself.

The team at work in the open-plan office

The exception

Nothing is actually sold, and tax is still due. Which assets are inside the deemed disposition and which keep their Canadian tax hooks instead is the whole planning question, and valuation of anything private is the part that gets challenged.

What is the late filing penalty for Form T1243?
ItemAmount
Current account, highest balanceUS$5,000
Savings account, highest balanceUS$6,000
Account held with a relative, signature authority onlyUS$5,000
Aggregate tested against the thresholdUS$16,000
Reporting threshold (verified, FinCEN)US$10,000

The aggregate of US$16,000 exceeds the US$10,000 threshold, so all three accounts are reported — including the one that is not the filer's money, because signature authority counts.

These amounts illustrate the mechanism only. The rates and thresholds are assumptions of the example, not your numbers: each is checked against the issuing authority for your specific tax year before any return is filed.

Your next step

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on T1243 — deemed disposition. Describe the situation in your own words; translating it into forms is our job.

Reviewed for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. General information, not advice for your circumstances — call our 24-hour helpline to discuss your own position.

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

The search that brings most people to this page is penalty for not declaring foreign bank account. It is answered here for Form T1243: what creates the obligation, which filings discharge it, and the fee agreed before the work starts.

What these engagements turn on

Case study 1

A retrospective valuation for a long unfiled departure year

The client had emigrated years earlier and never prepared the departure computation. The difficulty was not the arithmetic but the date: every holding had to be measured as at a day well in the past. We worked from financial statements of that period, transactions in the shares around the date and a retrospective appraisal instructed on that basis. The engagement produced a filed computation and an evidence bundle behind every figure in it, together with a submission explaining the delay.

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Case study 2

Settling the balance first and the computation second

A departure year was unfiled and plainly taxable, and the valuation work was going to take months. Because interest compounds daily on an unpaid balance while the late-filing exposure is capped by time, we reversed the usual order: a conservative estimate of the liability was dealt with immediately, then the computation was completed properly and filed, and the assessment adjusted to the final figures. The engagement produced a filed departure calculation and an exposure that had stopped growing while the work was being done.

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Case study 3

A late nil departure year filed for the record

The computation produced no tax, so the percentage-based late-filing penalty produced nothing either, and the client asked why we were bothering. The answer was the cost position: the deemed disposition establishes what the assets are carried at afterwards, and without a filed computation those holdings had no documented starting point. The engagement produced the calculation, the valuation material supporting it and a filing that closed an open year, which mattered when one of the holdings was sold not long afterwards.

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Case study 4

Defending a private company value under examination

A late-filed departure year drew questions about the value put on shares in a small company. Our read of the file was that the figure was sound but thinly supported, which is the usual weakness in a computation prepared after the fact. We rebuilt the support: statements to the departure date, the valuation basis, the shareholder history and correspondence from the period. The engagement produced a documented position filed in response, and the value then stood on evidence rather than on the assertion it had originally rested on.

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Case study 5

A departure return filed without its deemed disposition

The client had filed the departure-year return on time and left the deemed disposition out of it, having been told the assets were untouched because nothing was sold. Nothing had been sold, and the liability arose anyway. Because the return existed, the work was targeted rather than wholesale: the computation was prepared from the same records, filed with an adjustment request, and tied to the return it belonged to. The engagement produced the missing calculation on the record and a corrected assessment for that year.

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Case study 6

Reading the assessment history before conceding a rate

A demand to file had been issued on an old departure year and the client assumed the higher penalty rate followed automatically. We obtained the assessment history and examined what had actually been demanded and charged in the preceding years, since both limbs of that condition have to be met. They were not. The engagement produced a written position on the rate, supported by the record, filed together with the completed departure computation rather than argued separately after the event.

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Case study 7

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.

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Case study 8

A Disclosure Where the Facts Were Not Innocent

Where non-compliance was not inadvertent, the certification-based routes are unavailable and a different practice applies, with its own protections and its own price. Establishing which side of that line the facts fall on is done before contact is made.

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More on Form T1243

What happens if Form T1243 is filed late?

The departure-year return it belongs to is late, and the general late-filing penalty applies to that return. For the 2025 tax year it is five per cent of the balance owing plus one per cent of that balance for each full month the return is outstanding, capped at twelve months. Interest is separate and compounds daily on an unpaid balance; the penalty itself does not compound. There is a practical cost as well, and it is often the larger one: a departure computation prepared late has to be supported by values as at a day that may be years in the past.

Is there a penalty if the deemed sale produced no gain?

The general late-filing penalty is a percentage of the balance owing, so where the departure computation produces nothing to pay, that penalty produces nothing either. What you still have is an open year and no established figures. The deemed disposition also sets the cost position you carry forward, so a year left unfiled leaves the assets without a documented starting point for everything that happens to them afterwards. The work of filing a nil departure year is the same work as filing a taxable one, and the evidence for it only gets harder to obtain.

How much is the late filing penalty on a 2025 return?

Five per cent of the balance owing, plus one per cent of that balance for each full month the return is late, to a maximum of twelve months, for the 2025 tax year. A higher rate of ten per cent plus two per cent a month, to a maximum of twenty months, applies where the CRA has issued a demand to file and has charged a late-filing penalty in any of the three preceding tax years. Neither penalty compounds. Interest, charged on an unpaid balance, does compound daily, which is why settling the balance and finishing the paperwork are separate decisions.

Does the higher repeat penalty rate apply to my departure year?

Only if both parts of the condition are met: the CRA issued a demand to file, and it charged a late-filing penalty in any of the three preceding tax years. Having filed late before is not enough on its own, and the step up is not a doubling of the exposure. The way to answer it is to read the assessment history rather than to assume, because the record shows what was demanded and what was actually charged. On a departure year that has sat unfiled for a long time, that history is usually the first thing we ask for.

Does interest build up on unpaid departure tax?

Yes, and it compounds daily on the unpaid balance, which makes it the part of the exposure that keeps growing while a computation is being assembled. The penalty for late filing does not behave that way; it is fixed by the length of the delay and capped. That difference sets the order of work on an old departure year. Where a balance is likely, dealing with it on a conservative estimate stops interest accumulating during the months the valuation evidence is being collected, and the computation is then finalised and filed without the cost of the delay compounding underneath it.

Can I still file a departure tax calculation years later?

It can be done, and the obstacle is evidence rather than permission. The computation has to be built on values as at the day residency ended, so a filing prepared years afterwards means establishing what a holding was worth on a date long past. For listed securities that is recoverable. For a private company or an unusual asset it means financial statements from that period, transactions around that date, and sometimes a retrospective appraisal that has to be defensible. We assemble that material first, because a figure filed without support behind it is the part of a late departure year most likely to be examined.

What is the US exit tax and who actually pays it?

How much it is depends on your unrealised gains rather than on a rate, because it is the expatriation regime rather than a fee. A citizen who gives up citizenship, or a long-term permanent resident whose status ends, is tested against three conditions; meet any one and you are a covered expatriate, treated as having sold your worldwide assets the day before you left, with an exclusion for a slice of the resulting net gain — $890,000 for 2025. Deferred compensation, retirement accounts and interests in trusts are handled under separate rules rather than the deemed sale. Form 8854 reports it. See Form 8854.

What is a "dual-status alien spouse", and why is my software asking?

The question comes from the filing-status screens, and it is asking whether your spouse was a non-resident or part-year resident for the year — because if they were, a joint return is not available by default. An election exists to treat a non-resident spouse as a resident for the whole year, which unlocks joint filing at the price of bringing their worldwide income into the US return and their accounts into its reporting. See a US person with a non-resident spouse.

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