Who files Form RC4288?

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Answer

Taxpayers facing penalties or interest arising from illness, disaster, CRA delay or comparable circumstances. The obligation is decided by facts rather than by tax owing, which is why a nil position does not remove it.

The rule on who files

Taxpayers facing penalties or interest arising from illness, disaster, CRA delay or comparable circumstances.

The team reviewing a file together at a desk

The case that is treated differently

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.

Who files Form RC4288?
ItemAmount
Years unfiled7
Forms due per year2
Assumed penalty per formUS$4,000
Exposure before any reliefUS$56,000
Tax actually owed on the incomeUS$0

US$56,000 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.

Your next step

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on RC4288 — taxpayer relief request. One call now is worth more than a filing season of guessing.

Checked and signed off 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.

Do I have to file US taxes — what this page covers

This is the page to read on do I have to file US taxes. It takes Form RC4288 in order — the test that decides who is affected, the returns and forms that follow from it, and a fee quoted in writing before anything starts.

What these engagements turn on

Case study 1

Building a chronology from medical records and CRA correspondence

A taxpayer had accumulated penalties and interest across a period covering a serious illness and a long recovery, and had explained it to the CRA in a letter that gave no dates. We assembled a chronology from medical records, hospital correspondence and the Agency's own letters, then matched each filing and payment obligation to where it fell in that timeline. The engagement produced a dated narrative, a schedule tying each charge to the period it arose in, and a request built on the documents rather than on the description.

Read how this one runs
Case study 2

A request confined to the periods the circumstance actually covered

The client wanted every charge on the account included, including years either side of the events in question. We tested each period against what the evidence could actually support and left out the ones where the circumstances had passed. The engagement produced a narrower request, a written note of what was excluded and why, and a position that a reviewer can accept in full rather than having to carve up. A request that overreaches invites scrutiny of the part that would otherwise have stood on its own.

Read how this one runs
Case study 3

Interest arising from a processing delay documented and put forward

A return had been filed on time, sat unprocessed for a long period, and interest accrued on a balance the taxpayer could not confirm in the meantime. We reconstructed the submission history from dated correspondence and delivery records, established what the taxpayer had done and when, and identified the window the delay occupied. The engagement produced a documented submission timeline, a request addressed specifically to the interest accruing in that window, and a file of dated evidence supporting each step of it.

Read how this one runs
Case study 4

An executor's request for an estate's penalties and interest

An estate carried charges arising from a period when the deceased was no longer able to manage their affairs and before the executor had authority to act. We confirmed the executor's standing on the account, established the gap between incapacity and appointment from medical and probate documents, and set out which obligations fell into it. The engagement produced the authority sorted out on the account, a chronology covering the gap, and a request made by the party the CRA would accept it from.

Read how this one runs
Case study 5

Separating the tax from the charges before drafting a request

The client's concern was the total on the notice, which mixed tax, penalties and compounding interest into one number that told them nothing about what was arguable. We broke the balance into its elements, period by period, and showed which part a relief request can reach and which part it cannot. The engagement produced that breakdown, a request pointed only at the penalties and interest, and a separate discussion about the tax itself, kept out of the narrative where it would have weakened it.

Read how this one runs
Case study 6

Timing a request before the look-back limit closed the earliest years

Several years were affected by the same circumstance, and the earliest of them were close to falling outside what the look-back limit still allowed. We worked out which years the limit covered as at the date of the request, and drafted and submitted for those first rather than waiting for the full evidence file to be complete. The engagement produced a request filed while the earliest years were still within reach, with the supporting material supplied as it came in.

Read how this one runs
Case study 7

Treaty Relief Claimed on a Cross-Border Estate

The estate article can extend a proportionate credit where the two systems would otherwise both tax the same asset. Claiming it requires a valuation and a disclosure the estate may not expect to make.

Read how this one runs
Case study 8

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.

Read how this one runs

All case studies — every published engagement in one place.

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Related-party purchasing, customs value versus transfer price, and foreign-affiliate structures put trading businesses inside the s.247 documentation rules.

Goods crossing a border move the tax question from income to indirect: registration thresholds, place of supply, the customs value and the transfer price between related entities all have to agree with each other. When they do not, the adjustment arrives from two authorities at once and each one uses the other's number.

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More on Form RC4288

Can I ask the CRA to cancel interest after a serious illness?

That is one of the circumstances Form RC4288 is designed for, alongside disaster, delay on the CRA's own part and comparable situations outside the taxpayer's control. What it reaches is the penalties and the interest. The tax itself stays payable. The request is a documented narrative rather than an appeal to sympathy, so the illness has to be tied by dates and evidence to the specific periods when the filing or the payment did not happen. A general account of a difficult few years, with no chronology, is the commonest reason a strong case reads weakly.

Who can file Form RC4288, my accountant or my executor?

The request belongs to the taxpayer whose account carries the penalties and interest, and it is made by them or by someone authorised on that account. For an estate that is normally the person administering it; for a corporation, someone able to act for the company. Sorting out authority on the account before drafting saves a round of correspondence, and it matters more than it sounds, because a request that has to be resubmitted by a different party loses the time it spent waiting, and the look-back limit does not pause while that happens.

Does CRA delay count as a reason for cancelling interest?

It is one of the named circumstances, but naming it is not the same as evidencing it. The request has to show the delay and its effect: what was submitted and when, what the Agency was doing in the intervening period, what the taxpayer could not do while waiting, and what the charges accrued on in the meantime. A file of dated correspondence usually makes that case on its own. An assertion that the CRA was slow, with no chronology attached, gives the reviewer nothing to act on.

How far back can a taxpayer relief request go?

There is a look-back limit, which is why timing is part of the strategy rather than an afterthought. The limit runs by reference to when the request is made, not by reference to when the circumstance arose, so the practical effect is that delay quietly drops the earliest years out of reach even where the circumstances for those years are the strongest. If several years are affected, work out which of them the limit still covers before deciding how wide to draw the request.

Will a relief request reduce the tax I owe as well?

No. The form reaches penalties and interest only, and the tax stays where it is. That has a drafting consequence worth taking seriously: an argument about affordability, or about the tax being unfair, is aimed at something this request cannot deliver, and it dilutes the part of the narrative that can succeed. Keep the request pointed at the charges it can actually reach, and deal with the tax itself through whatever separate arrangement is appropriate to your circumstances.

What evidence do I need to send with a relief request?

Whatever ties the circumstance to the periods in question: dated medical records, correspondence, records of a disaster, the CRA's own letters, proof of when documents were sent. The strength of a request comes from the chronology rather than from the description. Set out what happened, when, what it prevented, and which filing or payment obligation fell in that window. Then show, obligation by obligation, how the penalty or interest being asked about arose out of that period rather than out of ordinary inattention.

How do I report a foreign pension on a US return?

As pension income, gross, with foreign tax available as a credit. Two extra layers catch people out. A treaty position on the pension may need to be taken and disclosed in its own right. And the plan itself can be a reportable foreign financial asset, sometimes with a further reporting regime if it is treated as a foreign trust — obligations keyed to holding the plan, not to drawing from it. Which layers apply depends on the country and the plan type. See the pensions and annuities article.

Is my Indian provident fund or PPF still tax-free now that I live abroad?

The exemption is an Indian one, and it does not travel. Your new country of residence taxes worldwide income under its own rules, and several — the United States in particular — may treat the annual growth in a foreign retirement or savings plan as currently taxable and separately reportable, whether or not you withdrew anything. So an account that is genuinely tax-free in India can be a taxable, reportable asset where you now live. See Indian pensions received abroad.

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