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← Part I — Income Tax Last reviewed 2026-01
Section 163

CRA penalties — false statements, repeated failures, and gross negligence

Penalties

Section 163 imposes financial penalties for failure to report income, repeated omissions, and false statements or omissions made knowingly or under circumstances amounting to gross negligence.

Plain-language explanation

Section 163 creates penalties on top of the tax and interest you owe when CRA finds unreported income or incorrect claims.

s.163(1) — Failure to report income (repeated): A 10% federal penalty applies if you fail to include income in your return AND you failed to report income in any of the 3 preceding years. The penalty is 10% of the unreported amount. Most provinces add a matching 10% provincial penalty — combined penalty can be 20% of the unreported income.

s.163(2) — Gross negligence and false statements: A 50% federal penalty applies if you make a false statement or omission in your return "knowingly or under circumstances amounting to gross negligence." This is a severe penalty — CRA must prove intent or recklessness. The penalty is 50% of the additional tax owing from the false statement.

Voluntary disclosure: If you come forward before CRA contacts you (under the Voluntary Disclosures Program, VDP), CRA can waive the s.163 penalties. You still pay the tax plus interest, but you avoid the penalty. The VDP requires full disclosure of all non-compliance.

Interest: In addition to penalties, CRA charges compound daily interest at prescribed rates (currently around 9% annually) on all unpaid amounts from the original due date. Interest is not deductible.

Example

Tom failed to report $30,000 of freelance income in 2024. He also failed to report income in 2023. CRA applies s.163(1): 10% federal penalty × $30,000 = $3,000, plus Ontario 10% = $3,000. Total penalties: $6,000, in addition to the tax on $30,000 plus interest.

Amendment history

Significant changes to this provision. Older versions help you understand rules that applied in prior tax years.

2018-03-01 CRA VDP administrative change, IC00-1R6

Voluntary Disclosures Program (VDP) overhauled. CRA introduced a two-tier system: the General Program (full penalty waiver) and the Limited Program (no penalty waiver) for cases involving large amounts, deliberate non-compliance, or corporations with over $250M in assets.

Before

Single VDP stream with broad penalty waiver for qualifying applicants

After

Two-tier system: General Program (full waiver) and Limited Program (partial relief only — no interest waiver, no penalty relief)

2020-04-01 CRA COVID-19 relief measures, 2020

CRA announced COVID-19 penalty and interest relief for taxpayers who were unable to comply due to the pandemic. Penalties under s.163(1) could be waived for the 2019 tax year in appropriate circumstances under the taxpayer relief provisions.

Before

Standard s.163(1) repeated failure penalty applied automatically

After

COVID administrative relief available; taxpayers could request cancellation of penalties through taxpayer relief (s.220(3.1))

Common questions

What is the gross negligence penalty? +

50% of the federal tax owing on the unreported or incorrectly reported amount. CRA must prove you "knowingly or under circumstances amounting to gross negligence" made a false statement. This is a high bar — but deliberately claiming false deductions or not reporting large cash income can meet it.

Can I avoid penalties by filing a voluntary disclosure? +

Yes. The CRA Voluntary Disclosures Program (VDP) waives penalties if you come forward before CRA contacts you. You pay the tax plus interest, but avoid s.163 penalties. There is a "general program" (full penalty waiver) and a "limited program" for repeated or deliberate non-compliance (partial relief).

Does CRA charge interest on top of penalties? +

Yes. CRA charges compound daily interest at the prescribed rate (around 9% annually) on all unpaid tax, penalties, and interest from the original due date. There is no interest on penalties themselves, but interest accrues on the underlying tax.

Key terms

CRA penalty gross negligence penalty false statement unreported income section 163 voluntary disclosure 50% penalty

CPA recommendation

If you have unreported income or incorrect returns, consider a Voluntary Disclosure before CRA contacts you. A CPA or tax lawyer experienced in VDP can help maximize the relief available.

Source: Income Tax Act, RSC 1985, c. 1 (5th Supp.), section 163. — Read the official text on Justice Canada

These summaries are for educational purposes only and do not constitute legal or tax advice. Speak with a CPA for advice on your specific situation.