Not filing taxes for 5 years in Canada results in severe penalties, daily compounding interest, and potential legal action by the Canada Revenue Agency (CRA). You will face a 5% initial penalty plus 1% for each month late (up to 12 months) on unpaid taxes, loss of government benefits (CCB, GST/HST credits), and potential garnishment of wages or frozen bank accounts.
If you haven't filed your Canadian taxes for three years, you could face financial and legal consequences. The good news? There are ways to fix it, like the CRA Voluntary Disclosure Program. This guide will break down what happens when you don't file, how to get back on track, and how Credit Canada can help.
If you don't file taxes for five years, you will forfeit all refunds that are over three years old (if applicable). You also put yourself at risk of the IRS assessing interest and penalties against you. The IRS has the ability to file SFRs on your behalf if you are past the filing deadline for a tax return.
It is relatively rare for a Canadian to be convicted of tax evasion but it does happen. Some Statistics: Between 2019 and 2024 there were 135 convictions with a total of $25.1 million in fines imposed: 58 individuals received jail time totalling 108 years.
For most people, the 2025 return has to be filed on or before April 30, 2026, and payment is due April 30, 2026.
There is no direct financial penalty for late filing unless you owe taxes. However, late payment of amounts owing is subject to a 5% late fee plus 1% for each additional month until payment is made in full. You may also be penalized as the CRA will withhold government benefits until your tax filing is up to date.
Departure tax is owed when an individual departs Canada as the individual is deemed to dispose of assets at their fair market values on the date of the departure. Certain assets such as Canadian real estate properties and registered accounts, including RRSPs and TFSAs, are exempt from these departure tax rules.
File your taxes with confidence
Research conducted in 2020 at Carleton University found that about 10 to 12% of Canadians don't file their tax returns. The study further estimated that working-age non-filers missed out on $1.7B in tax benefits in 2015 alone.
Failure to file penalty
That's not to say you still can't go to jail for it. The penalty is $25,000 for each year you failed to file. You can face criminal tax evasion charges for failing to file a tax return if it was due no more than six years ago. If convicted, you could be sent to jail for up to one year.
Penalties for late filing start at 5% of taxes owed, with additional monthly charges. Interest on unpaid taxes compounds daily, making debts grow quickly. Failure to file can result in loss of government benefits, such as the Canada Child Benefit and GST/HST credits.
If you haven't filed taxes in years, gather your financial documents (income statements, receipts) for those years, request wage and income transcripts from the IRS to ensure accuracy, and file all missing returns ASAP, as the IRS prefers compliance over pursuing criminal action, even if you can't pay immediately; file to claim refunds (within 3 years) and avoid bigger penalties, and then contact the IRS for payment options like installment agreements if needed.
The IRS one-time forgiveness program, or first-time penalty abatement, is a good option if you received an IRS penalty and have a solid history of filing and paying taxes on time.
There's no official limit to how many years you can go without filing taxes, but the IRS expects you to file if required, and the statute of limitations on the IRS assessing tax or collecting never starts until you actually file, meaning they can pursue unfiled returns from any year, even decades old. While the IRS often focuses on the last six years, waiting increases penalties and interest, and you risk losing any potential refunds after three years; proactively filing past-due returns is always best.
Missing or mistaken information. Some of the most common tax mistakes include double-reporting your income or not accounting for cash you earned from a side gig. That's right, tips are taxable!
Generally, you must keep all required records and supporting documents for a period of six years from the end of the last tax year they relate to.
The IRS only jails taxpayers if they willfully fail to pay the tax they owe or attempt to mislead the government about how much they owe. Penalties for these crimes can result in fines of up to $250,000 and five years in jail, per charge. If you need help with your tax bill, there are resources available.
Notices – The IRS will start sending you notices a month or two after you miss a tax deadline. Penalties and interest – If you don't respond to notices for missed tax payments, you'll continue to accrue penalties and interest.
But here's the reality: Very few taxpayers go to jail for tax evasion. In 2015, the IRS indicted only 1,330 taxpayers out of 150 million for legal-source tax evasion (as opposed to illegal activity or narcotics). The IRS mainly targets people who understate what they owe.
What happens if you refuse to file taxes? If penalties and interest aren't motivating enough and you outright refuse to file taxes, the IRS can enforce tax liens against your property or even pursue civil or criminal litigation against you until you pay.
For a $70,000 income in Canada (using 2025 rates), you'll pay roughly $13,000 to $20,000 in total taxes (federal, provincial, CPP, EI), depending on your province, resulting in a take-home pay around $50,000-$59,000, with federal tax around 14.5% or 20.5% depending on the portion, plus provincial tax and deductions like CPP and EI.
In most cases, the creditors will simply wait and hope that you return to Canada and that they have the legal right to pursue you to collect the debt. You, as the debtor, also have rights. Within one year after leaving Canada, you have the right to file a proposal or a bankruptcy.
Key Ways to Avoid Exit Tax
A taxpayer meets the 90% rule if: The Canadian-source income reported by the taxpayer for the part of the year that they were not a resident of Canada is 90% or more of their net world income for that part of the year.