What is the late filing penalty for Form T1248?

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Answer

The residency information schedule that accompanies a return for a year of arrival, departure or part-year residency. 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

The residency information schedule that accompanies a return for a year of arrival, departure or part-year residency.

The team reviewing a file together at a desk

The case that is treated differently

It records the dates the rest of the return depends on. Prorated credits, the deemed-disposition date and the split between worldwide and Canadian-source income all key off what is entered here.

What is the late filing penalty for Form T1248?
ItemAmount
Cost of the propertyC$241,000
Value on the departure dayC$303,660
Accrued gain treated as realisedC$62,660
Amount assumed to enter incomeC$31,330
Tax at an assumed 30%C$9,399

C$9,399 becomes payable in a year with no sale and no cash. That is what makes the departure date a planning variable: losses realised before it, an election to defer payment against security, and defensible valuations for anything private all change this number.

Treat these numbers as a worked example rather than advice — they exist to make the mechanics visible, and the rates and thresholds are assumed for the illustration. For a real filing, we verify each figure with the authority that publishes it, for your year.

How to get this moving

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on T1248 — residency information schedule. If that describes your position, the next step is a short call — not a form.

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, in practice

The search that brings most people to this page is penalty for not declaring foreign bank account. It is answered here for Form T1248: what creates the obligation, which filings discharge it, and the fee agreed before the work starts.

Files that look like this one

Case study 1

Filing a departure year where the balance came from a deemed disposition

The client had left Canada and filed nothing for the transition year, on the understanding that no sale had taken place and so nothing was owing. The departure calculation said otherwise. The work was to establish the departure date, value the holdings as at that day, prepare the return with the residency schedule, and compute the penalty and the interest against the balance that emerged. The engagement produced a filed transition year, a stated departure date, and a written calculation of what was charged and why, keeping the penalty and the interest separate.

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Case study 2

Correcting an on-time return that arrived without its dates

A newcomer's first return had been filed by the due date, complete except that the residency schedule was missing. The credits had been claimed in full and the assessment cut them back. The work was to supply the dates by adjustment, recompute the prorated credits for the part of the year the client had been resident, and test the income split the return had assumed against the date now on file. The engagement produced a reassessment matching the return as it should have read, with no late-filing charge in issue because the return itself was never late.

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Case study 3

Checking whether the higher penalty rate genuinely applied

The client had received a notice applying the elevated late-filing rate to an unfiled transition year, and assumed a previous late return was the reason. The trigger is narrower than that. The work was to obtain the correspondence history for the earlier years, establish whether a demand to file had been issued and a late-filing penalty charged within the relevant window, and set out the position in writing. The engagement produced a documented basis for the rate that applied to the year, and a recomputation where the elevated rate had been assessed without its trigger.

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Case study 4

Sequencing three unfiled years around one residency date

A client had left Canada, returned a couple of years later, and filed nothing across the whole stretch. Preparing the most recent year first would have meant guessing at the opening position. The work ran in date order: establish the departure date and file that transition year, then the non-resident years, then the arrival year, each schedule consistent with the one before it. The engagement produced a complete filed sequence in which the residency dates agree across years, and one working paper recording the dates every return in it relies on.

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Case study 5

A nil balance year where the cost of lateness was the refund

An emigrant had withholding on Canadian employment income covering more than the transition year's liability, and filed several years late. There was no balance for a percentage charge to attach to. What the delay had cost was the credit position: the prorated amounts had never been claimed and the overpayment sat unassessed. The work was to prepare the return with its residency schedule and put the overpayment in issue. The engagement produced an assessment of the year, a stated residency period, and recovery of the amount withheld above the liability.

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Case study 6

Separating penalty from interest on an old transition year

The client had remitted an estimated amount towards an old departure year long before the return was prepared, and could not tell from the statements what the charges represented. The work was to reconstruct the account: the flat and monthly components of the late-filing penalty against the balance as finally determined, the month cap reached, and the interest running daily on the unpaid part alongside it. The engagement produced a reconciled statement of the year, a return filed on the correct residency footing, and a written explanation of each remittance once it reached the account.

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Case study 7

Accounts Reported Late When the Income Already Was

Where the income was on the return and only the account report was missed, a narrow route allows late filing with a reason attached. It is open only while no income is unreported and no examination has begun, which is why it is checked first.

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Case study 8

A Student or Researcher Covered by a Treaty Article

Several treaties carry a dedicated article for students, trainees and visiting researchers that displaces the ordinary employment rules. Whether it applies turns on the purpose of the stay and the source of the funds, both of which are evidenced rather than asserted.

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What people ask us about Form T1248

What happens if I file my arrival-year return late?

The schedule travels with the return, so the consequence is the return's rather than the form's. For the 2025 tax year the late-filing penalty is five per cent of the balance owing for the year, plus one per cent of that balance for each full month the return is late, to a maximum of twelve months. Interest is charged separately and compounds daily on what is unpaid. The other cost is practical rather than charged: until the residency dates are on file, the prorated credits on a transition-year return have nothing supporting them, so the assessment is unlikely to match what you filed.

Is there a separate penalty for the residency schedule itself?

The charge is on the return. The schedule is part of that return rather than a standalone filing with a due date of its own, so there is no second penalty for the dates arriving late. That is a smaller comfort than it sounds, because a transition-year return without its dates is incomplete in the way that matters: the residency split and the prorated credits both key off what the schedule says, and an assessment issued without them can leave you arguing about the substance of the year as well as about the charge on it.

I owe no tax for my departure year — is there still a penalty?

The 2025 penalty is worked out as a percentage of the balance owing, so where nothing is owing the calculation comes to nothing. A departure year is a poor place to assume that, though. The deemed disposition on leaving can put an accrued gain into income in a year with no sale and no cash received, and a return that shows a nil balance before that calculation is done may not show one afterwards. Establishing whether a balance exists is the first piece of work, not an assumption to file on.

Does the penalty double if I have filed late before?

Filing late twice is not by itself what raises the rate. The higher rate applies where the CRA issued a demand to file and charged a late-filing penalty in any of the three preceding tax years. Where it does apply, the 2025 figures are ten per cent of the balance owing plus two per cent for each full month, to a maximum of twenty months. That is not a doubling of the ordinary charge, and the month cap moves from twelve to twenty rather than to twenty-four. Check whether a demand was actually issued before accepting the higher rate.

Does the late filing penalty compound each month?

No. The penalty is a flat percentage plus a fixed percentage for each full month the return is outstanding, and it stops at its month cap; it is not applied to itself. Interest is the part that compounds, daily, on whatever balance is unpaid, and it keeps running after the penalty has reached its ceiling. On an old transition year the interest is often the larger figure by the time the return goes in, which is why remitting an estimate towards the balance while the filing is being prepared is worth considering.

Can I add missing residency dates to a year already assessed?

Yes, by adjusting the year rather than by filing a second return. The dates then feed back into the parts of the assessment that depended on them: the proration of credits for the period you were resident, and the boundary between the income reportable on a worldwide basis and the rest. Expect the adjustment to change figures you did not query, because those figures were computed on a full-year assumption. It is worth working out the corrected result yourself before requesting the change, so the reassessment can be checked against something.

Does keeping a bank account or a house make me resident?

A house available to you is one of the strongest indicators, especially with family living in it. A bank account on its own is a secondary tie that matters only in aggregate. Authorities weigh the whole picture: dwelling, spouse and dependants first, then accounts, licences, memberships and registrations. Leaving with a suitcase while the family home stays occupied rarely ends residency. See keeping a home while abroad.

What is RNOR status and why does it matter to a returning NRI?

Resident but Not Ordinarily Resident is a transitional Indian status that can apply for a limited period after you return, based on how long you were non-resident before. While it lasts, certain foreign income stays outside the Indian net that would be taxed once you become an ordinary resident — which makes the timing of a return date, and of realising foreign gains, a genuine planning decision rather than an administrative one. See the RNOR window.

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