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Screenshot of CBC attempting to speak to Jonathon Pearce CBC News

‘If the CRA gives me money, who are you to f- - -ing question it?’: Conspiracy theorist who claimed $40M in tax refunds prompts CRA process questions

Apparently, Canadian taxpayers are on the hook for millions in tax refunds claimed by “sovereign citizens,” who allege that Canada isn’t a real country.

A recent CBC fifth estate investigation explains how an ironworker living in northern Ontario convinced the Canada Revenue Agency (CRA) that he was owed more than $40 million. Within two weeks of filing his income tax return, Jonathon Pearce started to receive tax refunds in installments, including a $10-million deposit on Aug. 8, 2023. He claimed he was owed more than $40 million.

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What finally stopped it was his bank, not the tax agency. The case raises uncomfortable questions — how does a claim this outrageous slip through; who covers the loss and what happens when people follow online “no-tax” gurus.

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How did a $40-million bogus tax refund get approved?

So how did an ironworker living in northern Ontario convince the CRA he was owed millions in tax refunds? Producers on the CBC’s the fifth estate, an investigative news program, uncovered the answer to this question when the investigation was broadcast earlier in October. According to the fifth estate, the CRA didn’t check or review the refund filings — and started issuing tax refund installment to Pearce within two weeks of receiving his income tax forms.

In total, the CRA paid Pearce $10-million on Aug. 8, 2023; two more scheduled ‘refund’ installments of $10 million and $20 million were issued but halted after Pearce’s bank alerted the CRA to the unusual payments.

There were warning signs the CRA should have caught

According to the CBC investigation, there were warning signs the CRA should’ve caught.

Pearce called a CRA call centre 10 days before the refund arrived and outlined his conspiratorial beliefs. Then there was the refund claim, itself. Turns out his claims for the outsized tax returns were made when he filed a T4A slip — a tax form used to amend past returns. The slip showed no new income and confirmed that no tax had been paid in the first place, but Pearce’s T4A slip did show an update: The tax refund claim for $40 million.

CRA representatives did not immediately respond to Money.ca’s request for comment.

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Does a CRA deposit mean the refund is legit?

According to Pearce his claim is vindicated and legitimate because of the CRA’s decision to issue the refund and deposit the money into his bank account. Speaking to fifth estate co-host Steven D’Souza, Pearce bluntly shot down the reporter’s questions stating: “If the CRA gives me money, who are you to f- - -ing question it?”

However, Pearce is incorrect in his assertion.

In practice, a CRA refund can be reversed.

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In response to the bank’s flag, the CRA eventually conducted a review of the tax refund claim and, as Pearce told D’Souza, the CRA searched his home two years ago and is continuing to garnish his wages.

What was the rationale behind the out-sized tax refund claim?

According to Pearce, he is owed the $40 million by the CRA as he is a “tax protestor” — an individual who uses false, pseudolegal arguments to claim they are legally exempt from paying income tax CRA.

And Pearce isn’t the only case. The CRA now alleges a woman in British Columbia’s interior received a bogus $5 million refund in 2024.

As one CRA auditor wrote: there is no validation process to verify the legitimacy of these tax refund requests. And, according to CRA documents released by the fifth estate, the tax agency has no idea how much money has paid out in bogus returns to tax protestors, because the CRA does not track fraudulent returns by “personal views or intent.”

Leaked CRA records show that nearly $300 million in bogus “tax protestor” claims have been made between May 2023 and January 2024. It’s uncertain how much was actually paid out.

Cost of making false CRA claims

For any Canadian, the financial cost and legal exposure of making a false tax claim is serious.

If a tax claim is deemed fraudulent, the CRA can impose a gross negligence penalty as high as 50% of the unpaid tax or improperly claimed benefit. Plus, anyone convicted of tax evasion can face fines of 50% to 200% of the evaded taxes and up to five years in jail, while a Criminal Code fraud conviction can bring up to 14 years in prison.

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So, what about Pearce? According to a Radio-Canada report, Pearce has not been charged or jailed for tax fraud primarily because the focus was on the immediate efforts to recover the millions of dollars that fraudulently paid to him. The question now is how much has this cost Canadian taxpayers? And will others fall for this bogus tax scheme?

How can you spot a ‘sovereign’ tax scheme?

The promise usually comes from ‘gurus’ promising more money back in your pocket. The pitch is that for a small fee, they’ll ‘teach’ you how to become “sovereign” and claim refunds from the CRA.

The most common strategies includes:

  • Claims where the taxpayer claims they are two people for tax purposes: a “natural person” who earns income and a “legal person” the government created when it issued your social insurance number (SIN). While it might appear like a new concept, turns out courts have heard this erroneous argument many times. In a 2017 alert, the CRA noted that criminal courts have called the theory illogical and its promoters “snake oil salesmen.”
  • Claims that income tax is not legal. Typically, support for this argument revolves around the idea that income tax was deemed illegal in the constitution (Magna Carta) and the British North America Act when applied to natural persons.

For more information on known illegal tax schemes, refer to the CRA’s tax protester Q&A page.

While many of these ‘sovereign’ tax schemes have been operating for years, the CRA is starting to respond. It has launched criminal investigations into at least two sovereign gurus in the Vancouver area with more to follow.

What Canadians should know

Just about any Canadian taxpayer can agree: we all want to pay less tax; however, using an unverified and legally fraudulent tax scheme is not the best strategy for those who want to stay on the right side of the law and the tax authorities. To help, here are some strategies if you end up coming across tax schemes or already know someone using one:

  • Treat any claim that you’re exempt from income tax, or owed a secret birth trust, as a red flag
  • Don’t pay for seminars, templates or document reviews that promise CRA refunds
  • If you’ve already filed using one of these schemes, look into the Voluntary Disclosures Program (VDP), which gives taxpayers a second chance to change a previously filed return
  • Get advice from a licensed tax professional before filing amended returns or unusual slips
  • Log in to your CRA My Account regularly and check for changes you didn’t make

A CRA deposit isn’t confirmation that your apparent tax scheme or legal claim is permissible. At any time, Canadian tax authorities can reassess, garnish and even prosecute — even years after the money lands in your bank account. And remember, the CRA’s position is backed by Canadian court ruling — rulings that have “consistently rejected the natural-person arguments.”

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Romana King Senior Editor

Romana King, Senior Editor at Money.ca, also writes for various North American publications and the RKHomeowner blog. Her book, House Poor No More, is an Amazon bestseller and five-time award winner, including the 2022 New York CPA Society's Excellence in Financial Journalism (EFJ) Book Award.

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