Can you appeal?

Publication date: October 18, 2023

You may file an appeal for certain decisions made for:

B.C. Emergency benefit for workers

What you can appeal

  • An administrative penalty

Deadline

Your appeal must be postmarked by Canada Post or faxed within 90 days from the date on the notice of determination you're appealing.

A postmark is a marking applied by Canada Post to show the date and place your appeal was mailed. A meter mark isn't the same as a postmark and isn't accepted. A meter mark just shows that postage has been prepaid.

Legislation

Income Tax Act (B.C.), sections 228 and 229

Website

B.C. Emergency benefit for workers

B.C. Increased employment incentive

What you can appeal

  • A determination
  • An administrative penalty

Deadline

Your appeal must be received by the Minister of Finance within 90 days from the date on the notice of determination you're appealing or on or before September 30, 2021, whichever is later.

Legislation

Employer Health Tax Act, sections 75, 76 and 30.19

Website

B.C. Increased employment incentive

B.C. Recovery benefit

What you can appeal

  • A determination
  • An administrative penalty

Deadline

Your appeal must be received by the Minister of Finance within 90 days from the date on the notice of determination you're appealing or on or before September 30, 2021, whichever is later.

Legislation

Income Tax Act (B.C.), sections 255 and 256

Website

B.C. Recovery benefit

Carbon tax

What you can appeal

  • A disallowed refund claim
  • A refusal or cancellation of an appointment as a collector
  • A refusal or cancellation of a registration certificate, Registered Consumer Certificate, Registered Air Service Certificate or Registered Marine Service Certificate
  • An estimate or assessment
  • A refusal to grant an exemption
  • A lien against property
  • Interest or penalties
  • A refusal or cancellation of an exempt fuel retailer permit
  • A setting or changing of, or refusal to change, the percentage of specified fuel for an exempt fuel retailer permit

Deadline

Your appeal must be received by the Minister of Finance within 90 days from the date of the decision you're appealing.

Your appeal will be deemed to have been given to the minister if it’s received within the deadline by tracked mail, courier or fax sent to one of these locations. These are the methods and locations specified by the minister under the legislation.

Legislation

Carbon Tax Act, sections 56, 56.1 and 57

Carbon Tax Regulation, sections 41.8 and 41.9

Website

Carbon tax

Employer health tax

What you can appeal

  • An assessment of tax, penalty and interest
  • A determination about a lien on an associated corporation

Deadline

Your appeal must be received by the Minister of Finance within 90 days from the date on the assessment or other decision received.

Your appeal will be deemed to have been given to the minister if it’s received within the deadline by tracked mail, courier or fax sent to one of these locations. These are the methods and locations specified by the minister under the legislation.

Legislation

Employer Health Tax Act, sections 75, 75.1 and 76

Website

Employer health tax

Home owner grant

What you can appeal

  • A Notice of Disentitlement

Deadline

Your appeal must be received by the Minister of Finance within 90 days from the date on the Notice of Disentitlement you're appealing.

Your appeal will be deemed to have been given to the minister if it’s received within the deadline by tracked mail, courier or fax sent to one of these locations. These are the methods and locations specified by the minister under the legislation.

Legislation

Home Owner Grant Act, section 17.15

Website

Home owner grant

Insurance premium tax

What you can appeal

  • An assessment
  • A tax return
  • Interest or penalties

Deadline

Your appeal must be received by the Minister of Finance within 90 days from the date the assessment was mailed, or if there hasn't been an assessment, within 90 days from the date you filed the original return.

Your appeal will be deemed to have been given to the minister if it’s received within the deadline by tracked mail, courier or fax sent to one of these locations. These are the methods and locations specified by the minister under the legislation.

Legislation

Insurance Premium Tax Act, sections 17, 17.1 and 18

Website

Insurance premium tax

International business activity program

What you can appeal

  • A refusal, suspension or cancellation of a registration
  • An effective date of registration
  • A determination of tax refund
  • A decision of unsatisfactory proof for a refund
  • Interest or penalties

Deadline

Your appeal must be received by the Minister of Finance within 90 days from the date of the decision you're appealing.

Legislation

International Business Activity Act, sections 38 and 39

Website

International business activity

Logging tax

What you can appeal

  • An assessment
  • Interest or penalties

Deadline

Your appeal must be received by the Minister of Finance within 90 days from the date the assessment was mailed.

Your appeal will be deemed to have been given to the minister if it’s received within the deadline by tracked mail, courier or fax sent to one of these locations. These are the methods and locations specified by the minister under the legislation.

Legislation

Logging Tax Act, sections 23, 23.1 and 24

Website

Logging tax

Mineral tax

What you can appeal

  • An assessment
  • Interest or penalties

Deadline

Your appeal must be received by the Minister of Finance within 90 days from the date of the decision you're appealing.

Your appeal will be deemed to have been given to the minister if it’s received within the deadline by tracked mail, courier or fax sent to one of these locations. These are the methods and locations specified by the minister under the legislation.

Legislation

Mineral Tax Act, sections 26, 26.1 and 27

Website

Mineral tax

Motor fuel tax

What you can appeal

  • A disallowed refund claim
  • A suspension, cancellation or refusal of an authorization
  • A refusal or cancellation of an appointment
  • A refusal or cancellation of a Registered Consumer Certificate
  • A refusal to grant an exemption
  • An estimate or assessment
  • A refusal to issue or renew a licence
  • A cancellation or suspension of a licence
  • Interest or penalties
  • A refusal or cancellation of an exempt fuel retailer permit
  • A setting or changing of, or refusal to change, the percentage of specified fuel for an exempt fuel retailer permit

Deadline

Your appeal must be received by the Minister of Finance within 90 days from the date of the decision you're appealing.

Your appeal will be deemed to have been given to the minister if it’s received within the deadline by tracked mail, courier or fax sent to one of these locations. These are the methods and locations specified by the minister under the legislation.

Legislation

Motor Fuel Tax Act, sections 50, 50.1 and 51

Motor Fuel Tax Regulation, sections 51.92 and 51.93

Website

Motor fuel tax

Oil and gas royalties and freehold production tax; Net profit royalty

Before you can appeal to the minister, you must request a reconsideration by the collector or administrator.

What you can appeal

A reconsideration of:

  • An invoice or assessment of royalty, tax or penalty
  • A producer price decision

Deadline

Your appeal must be received by the Minister of Finance within 90 days from the date of the reconsideration.

Your appeal will be deemed to have been given to the minister if it’s received within the deadline by tracked mail, courier or fax sent to one of these locations. These are the methods and locations specified by the minister under the legislation.

Legislation

Petroleum and Natural Gas Royalty and Freehold Production Tax Regulation, sections 12 and 12.1

Net Profit Royalty Regulation, sections 19 and 19.1

Website

Oil and gas royalties and freehold production tax

Property transfer tax

What you can appeal

  • An assessment
  • Certain denied refund claims
  • Penalties

Deadline

Your appeal must be received by the Minister of Finance within 90 days from the date of the decision you're appealing.

Your appeal will be deemed to have been given to the minister if it’s received within the deadline by tracked mail, courier or fax sent to one of these locations. These are the methods and locations specified by the minister under the legislation.

Legislation

Property Transfer Tax Act, sections 19, 19.1, 21 and 22

Website

Property transfer tax

Provincial sales tax

What you can appeal

  • An assessment
  • A refusal, suspension or cancellation of a registration certificate
  • A disallowed refund claim
  • Interest or penalties

Deadline

Your appeal must be received by the Minister of Finance within 90 days from the date of the decision you're appealing.

Your appeal will be deemed to have been given to the minister if it’s received within the deadline by tracked mail, courier or fax sent to one of these locations. These are the methods and locations specified by the minister under the legislation.

Legislation

Provincial Sales Tax Act, sections 211, 211.1 and 212

Website

Provincial sales tax

Speculation and vacancy tax

What you can appeal

If you believe the Speculation and Vacancy Tax Act was applied incorrectly in your case, you can appeal:

  • An assessment of tax, penalties or interest payable
  • A determination that corporations are associated for purposes of registering a lien against real property

You cannot appeal an assessment you received because you didn't submit a declaration.

The appeal review process determines if the Speculation and Vacancy Tax Act has been applied correctly to your circumstances, but it cannot:

  • Excuse you from having to declare
  • Excuse you from having to provide certain information to claim an exemption or tax credit
  • Fix an error you made in your declaration (generally, you can correct your declaration online)
  • Change or expand the eligibility requirements of exemptions or tax credits
  • Cancel an assessment because you disagree with the speculation and vacancy tax program
  • Cancel an assessment due to financial hardship or inability to pay
  • Adjust the value or classification of a property as determined by BC Assessment (contact BC Assessment with any questions about your property’s value or classification)

Deadline

Your appeal must be received by the Minister of Finance within 90 days from the date on the assessment or determination you're appealing.

Your appeal will be deemed to have been given to the minister if it’s received within the deadline by tracked mail, courier or fax sent to one of these locations. These are the methods and locations specified by the minister under the legislation.

Legislation

Speculation and Vacancy Tax Act, sections 98, 98.1 and 99

Website

Speculation and vacancy tax

Stumpage (Forest Act)

What you can appeal

  • An assessment
  • Interest or penalties

Deadline

Your appeal must be received by the Minister of Finance within 90 days from the date of the decision you're appealing.

Legislation

Forest Act, sections 142.9 and 142.91

Website

Stumpage

Tobacco tax

What you can appeal

  • An assessment
  • A refusal to grant a dealer's permit
  • A suspension or cancellation of a dealer's permit or a retail authorization
  • A refusal to grant an exemption
  • A limit set on the quantity of tobacco that may be purchased for resale
  • A disallowed refund claim
  • Interest or penalties

Deadline

Your appeal must be received by the Minister of Finance within 90 days from the date of the decision you're appealing.

Your appeal will be deemed to have been given to the minister if it’s received within the deadline by tracked mail, courier or fax sent to one of these locations. These are the methods and locations specified by the minister under the legislation.

Legislation

Tobacco Tax Act, sections 23, 23.1 and 24

Website

Tobacco tax