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CRA has taken all of my tax refunds due to a 16 year old…

Customer Question
CRA has taken all...

CRA has taken all of my tax refunds due to a 16 year old Saskatchewan Student Loan debt outstanding. I am disabled and living on provincial assistance and was heavily relying on these CRA refunds. It is my understanding that this Saskatchewan student loan debt was no longer collectible.

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

Saskatchewan. It was not a purchase. This is for a LOAN repayment.

Lawyer's Assistant: What steps have you taken so far?

Contacted various CRA agencies, contacted Sask Ministry of Advanced Education several times.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. I need to speak to a lawyer qualified to address issues within the Canada and Saskatchewan Student Loans Acts.

Submitted: 6 months ago.Category: Canada Law
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Answered in 2 minutes by:
12/23/2017
Lawyer: Debra, Lawyer replied 6 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,563
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Customer reply replied 6 months ago
Thank-you kindly.
Lawyer: Debra, Lawyer replied 6 months ago

I am sorry to hear this.

While it is too late for the CRA to sue you because of the limitation period the debt is not extinguished. So it is not collectible in the sense they cannot sue you but they will not give you money that you may be owed from them when you owe the government money.

So they are not going to give you any tax refund or any other money while you owe the government money.

I am sorry this is not the answer you were hoping for.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 6 months ago
I am of the understanding that the Statute of Limitations under the Canada and Saskatchewan Student Loans Acts are both 6 years.
Customer reply replied 6 months ago
Is there any provision to apply for the amounts collected by the tax setoff to be repaid to me due to disability/chronic illness and being on Provincial assistance?
Customer reply replied 6 months ago
I was also told by CRA when I called prior to filing my taxes that the loan(s) were removed from active recovery and were no longer collectable.
Lawyer: Debra, Lawyer replied 6 months ago

They cannot sue you because of the limitation periods. That is correct. But they debts are not extinguished. You owe the money until the debts are paid off.

So they aren't giving you money they owe you when you owe them money. It's not about the limitation period.

There is no setoff that I know of in a case like this unfortunately.

But you may be able to extinguish these loans by declaring bankruptcy so you should consult with a Trustee in Bankruptcy in your city which you can do for free.

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Customer reply replied 6 months ago
Will declaring Insolvency make it so that any tax setoffs collected thus far are repaid to me?
Lawyer: Debra, Lawyer replied 6 months ago

No. That definitely will not work unfortunately.

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Customer reply replied 6 months ago
regarding my question about any provision to apply for the amounts collected by the tax setoff to be repaid to me due to disability/chronic illness and being on Provincial assistance? I see in the Student Loans act there is some sort of provision for people who are permanently disabled to have their loans permanently forgiven and/or no tax setoffs collected if on Provincial assistance due to financial hardship?
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