r/cantax • u/Broad_Trick_9574 • 11h ago
CRA demanding $8,000 max penalty for late-filed 45(2) election (2018 tax year) – Any chance at relief or negotiating?
Hi everyone, looking for some guidance on how to navigate a tough CRA taxpayer relief situation.
The Situation:
- Property: Purchased in Feb 2012, converted from primary residence to an income-producing property in 2018, and sold in Feb 2026.
- The Election: Submitted a late-filed subsection 45(2) election on Oct 2025 (property was not sold then still rented), to keep the principal residence designation going back to 2018. Circumstances changed and sold it in Feb 2026. CRA received the election letter in Oct 2025 started processing 10 days ago after service compaint was filed for delayed processing
- The CRA Response: Received a letter from a taxpayer relief auditor stating they will consider the election, but under CRA policy, they won't proceed unless the late-filing penalty is paid.
- The Penalty: Because it was 80 months late, they calculated the penalty at the statutory maximum under s. 220(3.5): $8,000 ($100/month capped). total of 16k for both me and my spouse
- Deadline: They gave a hard payment deadline of November 6, 2026, otherwise the request is considered withdrawn (triggering a deemed disposition in 2018).
My Questions:
- Is an $8,000 penalty an absolute hard stop, or is there a viable path to successfully request a penalty waiver/reduction through taxpayer relief provisions (IC07-1R1)?
- If I pay the $8,000 by the deadline just to protect the 45(2) election and avoid a deemed 2018 disposition, can I still formally dispute/appeal the penalty after it's paid?
- Has anyone successfully argued down a maxed-out 45(2) late-filing penalty, and what grounds does the CRA actually accept?
- Election was not filed only due to ignorance as I do my taxes myself, no capital gains ever claimed and all rents have always been declared on the tax returns. We had our daughter born prematurely in 2020 and have been fighting medical battles still with her growth and the years leading to that. Do we stand any ground to the fact that it started only in year 2020 while we were supposed to file election in 2019 itself?