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Management’s First Explanation in a CRA Dispute

Written by Counter Tax Litigators LLP | Dec 23, 2025 5:53:35 PM

A CRA dispute begins when CRA issues its reassessment.

Management’s first test begins when it explains it to directors, shareholders, lenders, investors, or partners.

The structure varies. The dynamic does not.

Management must describe the issue, estimate exposure, decide who will lead the response, and work within statutory timelines. These pressures arise before a settled view has formed.

By the time others hear about the matter, management has already organized it. That organization defines how risk is understood and where discretion appears to exist.

The First Description Sets the Frame

The first explanation often occurs between the CFO and CEO. It determines how the issue enters the organization.

That description establishes:

  • What the issue is
  • How large it may be
  • Which constraints are real
  • Which options appear viable

Subsequent analysis develops inside that structure. It rarely replaces it.

Those receiving the explanation do not encounter the issue at inception. They encounter it after management has formed a view.

Framing that lacks structure at the outset rarely gains strength later.

What Is Being Evaluated

When management explains a CRA dispute, the audience is not reviewing technical detail. They are evaluating judgment under pressure.

A proposal letter compresses several decisions into a single window. Management must:

  • Explain the issue
  • Clarify exposure
  • Decide who shapes the response
  • Comply with objection and collection timelines

These steps unfold together.

In that window, others assess whether management is:

  • leading the situation,
  • sequencing decisions deliberately, or 
  • allowing the process and advisors to dictate direction

Early Framing Is Hard to Change

The first description defines what appears fixed and what appears open. Later analysis develops inside that boundary. When management resets the frame later, the shift often reads as a correction, and credibility erodes.

Sequencing Is Control

Disciplined teams separate judgment formation from circulation. Before a formal summary leaves the immediate working group, they align on:

  • The exposure range being signaled
  • The tone being conveyed
  • The negotiation posture implied
  • The assumptions being fixed

Alignment preserves credibility and flexibility. 

When the matter concludes, others will ask whether management shaped the issue at the outset or allowed it to take shape around them.