The Case for a Canadian
Offer-in-Compromise Program
Colin Jackson*
Unlike the American Internal Revenue Service, the Canada Revenue Agency (CRA) is not
permitted to compromise a tax debt or to accept less than the full amount that an impecunious
taxpayer owes. Recent estimates of undisputed-uncollected tax debts in Canada approach
$29 billion, suggesting it may be time for a change. This article advocates for the implementation
of an offer-in-compromise program as a way to mitigate these uncollected tax debts and to
promote overall equity in the tax system. The author argues that if the CRA has discretion to
accept less than the full amount owed in certain cases, where the unique circumstances warrant
such a compromise, the tax system as a whole will benefit. Further, safeguards within the system
can mitigate concerns regarding moral hazard, where possible forgiveness of tax debts may
incentivize risky behaviour. Such a system would operate on a case-by-case basis to determine
if a compromise is warranted, and if so, the amount to be collected based on the individual
taxpayer’s “ability to pay”.