On April 21, 2021, CRA updated their CEWS FAQ to provide additional commentary on amending applications after the applicable deadline has passed. Previously, CRA had stated that upward adjustments (increases to claims) subsequent to the deadline would not be permitted, however, this new guidance provides parameters in which they would be. The CERS website notes that these comments would apply to CERS claims as well.
CRA’s detailed responses include:
26-01. Under what circumstances will the CRA accept my late-filed amended application for the wage subsidy?
The CRA will accept your late-filed amended wage subsidy application in certain circumstances.
If you determine that you received a wage subsidy amount in excess of what you are entitled to then you can submit an amended application to reduce your wage subsidy amount (referred to as a downward adjustment) at any time, even after the deadline for the particular claim period. You can submit your amended application using My Business Account or Represent a Client, or by calling Business Enquiries if you filed via the web application.
If, after the deadline for a claim period has passed, you determine that you might have been entitled to a higher wage subsidy amount than what you previously claimed for that claim period, contact the CRA Business Enquiries phone line to see if you are eligible to file an amended application to increase the wage subsidy amount (referred to as an upward adjustment) after the applicable deadline. If you are eligible, you can then submit your amended application using My Business Account or Represent a Client, or by obtaining further direction from Business Enquiries if you filed via the web application.
The circumstances in which the CRA may accept your amended application for review after the filing deadline include:
You made an error in filing your wage subsidy application prior to the filing deadline as a result of an arithmetic error, transposition error, or unintended omission of additional business activities or employment expenses;
You relied upon inaccurate information provided to you inadvertently by the CRA that directly affected your ability to file your amended wage subsidy application on time;
There was an identified outage of CRA secure portals that prevented you from filing the amended application prior to the applicable deadline; or
There was undue delay on the part of the CRA in processing an application or providing required guidance impacting the particular application.
Furthermore,
The upward adjustment request is not the result of professional advice the fee structure for which was dependent on the upward adjustment amount; and
The late-filed amended wage subsidy application request for an upward adjustment was made to the Business Enquiries phone line within 30 calendar days following the later of:
April 21, 2021; and
The applicable filing deadline.
In the case of late-filed amended wage subsidy application that is accepted for review through the secure portal, and after the review is either accepted, adjusted or denied, a Notice of Determination will be issued to you by the CRA. Please see Q #36 for an explanation of your recourse rights when you receive a Notice of Determination.
If your late-filed amended wage subsidy application was rejected for review by the CRA and not processed through the secure portal because you did not meet one of the above noted criteria, you may then seek a further review by submitting your request online by logging into My Business Account and selecting “Register a formal dispute”.
26-02. Under what circumstances will the CRA accept my late-filed original application for the wage subsidy?
The CRA will accept your late-filed wage subsidy original application only in exceptional circumstances. You must make every attempt to file your wage subsidy application on or before the deadline. If, however, you determine that you are entitled to a wage subsidy amount for a particular claim period for which you did not file an application on or before the applicable filing deadline, contact the CRA Business Enquiries phone line to see if you are eligible to file the application after the applicable deadline. If you are eligible, you can then submit your late-filed application using My Business Account, Represent a Client or via the web application.
The circumstances in which the CRA may accept your original application for review after the filing deadline include:
It is evident that you attempted to file your application before the applicable deadline but there was an identified outage of CRA secure portals that prevented you from filing the application prior to the applicable deadline;
It is evident that you attempted to file your application before the applicable deadline but your specific account was temporarily suspended or there was some other account limitation that prevented the filing of the application prior to the applicable deadline;
It is evident that you attempted to file your application before the applicable deadline, and there was undue delay on the part of the CRA in receiving and processing your wage subsidy application before the deadline; or
You relied upon inaccurate information provided to you inadvertently by the CRA that directly affected your ability to file your original wage subsidy application on time.
Furthermore,
The late filed wage subsidy claim is not the result of professional advice the fee structure for which was dependent on the claim amount; and
The late-filed wage subsidy application request was made to the Business Enquiries phone line within 30 calendar days following the later of:
April 21, 2021; and
The applicable filing deadline.
In the case of a late-filed wage subsidy application that is accepted for review through the secure portal, and after the review is either accepted, adjusted or denied, a Notice of Determination will be issued to you by the CRA. Please see Q #36 for an explanation of your recourse rights when you receive a Notice of Determination.
If your late-filed wage subsidy application was rejected for review by the CRA and not processed through the secure portal because you did not meet one of the above noted criteria then you may seek a further review by submitting your request online by logging into My Business Account and selecting “Register a formal dispute”.