How can I prove that the "prescribed information" was filed in time?
Claims for SR&ED credits can be filed through Canada Post up to the very last day of the filing deadline. The Income Tax Act (paragraph 248(7)(a)) states: "when anything other than a remittance is sent by first class mail (or equivalent), the item is deemed received when the item was mailed." (The filing deadlines are outlined in How long do I have to make a claim?).
MEUK Newsletter 2005-1 points out that simply mailing the claim will not provide you with any proof that the claim was filed on time, and offers the following suggestions:
- "use the Canada Post Xpresspost service
- document the company name, year-end and "tax returns enclosed" on the Xpresspost slip
- perhaps include an "enclosure letter" which could further list the enclosed documents
- have the Canada Post agent stamp both their Xpresspost tracking slip as well as any additional enclosure letters you may include"
The newsletter also mentions that this procedure may not be enough to prevent the claim being denied due to "failure to submit prescribed information in prescribed form", which results if any of the required information is missing. This is why we highly recommend that taxpayers submit their claims no later than 15 months after the company's year-end. (Please also see When does an SR&ED claim need to be filed in order for the CRA to review and advise the claimant of any deficiencies in the claim?)