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Legal Ease
Legal Ease, Lawyer
Category: Canada Tax
Satisfied Customers: 100945
Experience:  Lawyer
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My problem: Received Revenu Quebec: object: Avis d'intention

Customer Question

My problem: Received Revenu Quebec: object: Avis d'intention de cotiser en matiere de TPS et de TVQ -- 193,943.05$. Situation: I started a registered company with my uncle in 2008. It was a metal recycling business (wires etc) 900 sq. ft. He did not give me any money from the company and I saw that I lost control of the company to him because I was working at another business where he was running the recycling business. I gave him the rest of my 50% in 2009 because he told me I was not going to get anything. I funded the company 22,000$. We wrote out a paper and signed it and said he would take my name off the company. He never did. In 2013 I received why I did not pay income tax on the amount of 193,943.05$. I told them my story, faxed them the paper and removed my name from the company. I got a letter saying I owe 0$. My uncle is avoiding revenu quebec because they can not get in touch and changes phone numbers when they call. I then get this letter which is my question. I do not have anything because I left it at the company (I may have an excel file that shows yearly balance sheet from the old accountant). My grandmother gave me her house to sell so she can stay where she is located (it's under my name for 2 years). The house is roughly worth 250k. What do I do and what are my options?
Submitted: 2 years ago.
Category: Canada Tax
Expert:  Legal Ease replied 2 years ago.

I am not quite following the facts. If you got a letter stating you don't owe any money what is the concern now?

Customer: replied 2 years ago.
The first concern was they said that I owe the amount on personal income tax. 6 months later on the personal income tax I received a letter stating I owe 0$ on my 2009, 2010 income tax statements from the 193,943.05$ requested. I said great! I wanted it over and done with so I threw out the papers. That was in 2013 I got the statement saying I owe 0$ around January 2014. Now In june I get a new letter stating that as a director of the company (because apparently my uncle did not take my name off as he said he would and that paper that we signed is deemed worthless ??, apparently me giving him 50% of the company as a gift does not remove me from being a director?) and say I was only removed as a director in 2013 because that is when I went down to the offices after revenu quebec told me to do that to remove myself and fax in the singed paper. This last end of june I get a new paper stating (as my lawyer says) I owe unpaid Gst/Pst. in the total sum of 193,943.05$ for the years of 2009 and 2010. I called the accountant that I brought in from the beginning (aug 2008) and I told him about it. and he says that means 193,943.05$ = 15% (what revenu quebec is telling me) but in reality, the accountant told me, that his entire revenues for 2009 and 2010 combined is under 193,943.05$. Basicly in 2008 I provided the capital to open the place (rent machine etc.) which was roughly 22,000$ and my uncle would be there to work it since he had only 2 months left of unemployment left. It opened in Aug 2008 so it was a start up expect my uncle knew some customers since he was in the business for 8 years. So we went in 50/50 in a registered company. I saw that I lost control about november of 2008. In november 2008 I asked him for my money and plainly told me I will never get any money because I did not work for it. I wanted to sue him but my grandfather who I loved dearly and was not feeling well asked me not to for my grandmothers health. It took me until April of being on the middle of the fence to sue or not to sue and in the end I wrote out the paper giving him my 50% which equated to my 22,000$. I was mainly worried he would go after my credit. The company is listed as it is still at the same address when I left but when I passed by it was no longer there. So now I am having trouble sleeping and I can't work. I do not know what to do.
Expert:  Legal Ease replied 2 years ago.

You need a tax lawyer to assist you.

The lawyer has to deal with the government for you and prove that you were not the director during those years even though your former partner neglected to remove your name or perhaps deliberately did that.

But you can prove you were not an owner or a director and so therefore will not be liable at the end of the day.