RMA, Real Mortgage AssociatesFSRA LIC. #10464RICK SEKHON · MORTGAGE BROKER

CRA Tax Arrears Guide

You Collected HST and Could Not Remit It

HST you collected was never your money. That is why the CRA moves faster on it than on income tax, and why the usual wait-and-see advice does not apply.

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A self-employed Ontario homeowner at a small home office desk

The short answer

HST you collected is trust money held on the government's behalf, not a balance you owe from your own earnings. That difference is why collection can escalate faster than it does on income tax, and why a homeowner in this position has less time to decide than the letters suggest.

You collected the HST. You charged it on your invoices, the customers paid it, and it went into the business account with everything else.

Then a slow quarter arrived. Payroll had to be met, suppliers had to be paid, and the remittance was the one payment that could wait a few weeks without anyone calling. Then it was two quarters. Then you stopped opening the letters.

That is the ordinary version of this story. It is not the story of someone reckless, and the volume of files that look exactly like this would surprise you.

The distinction that changes everything

Income tax is assessed on money you earned. The CRA is asking for a share of what came in.

HST is different. That money was collected from your customers on the government's behalf, and you were holding it until it was remitted.

Trust fund debt
Amounts you collected or withheld on the government's behalf rather than earned yourself. GST and HST remittances and payroll source deductions are the common examples.

The CRA does not view this as a balance you owe from your own pocket. It views it as funds that were never yours, held and then not passed on. Whether that framing feels fair is a separate question from whether it shapes how collection proceeds, and it does.

What that means in practice

Two things follow, and both compress your timeline.

The first is speed. The CRA normally gives a verbal and a written legal warning before enforcement begins. Business payroll and GST/HST debt is an explicit exception, where action can begin after notification. The runway you might expect from an income tax balance is shorter here.

The second is rank. There is a stronger form of garnishment used for exactly these debts.

Priority
where an enhanced garnishment ranksSource: CRA collections policy

An ordinary garnishment takes priority over most creditors but not secured ones. The enhanced version, used for payroll and GST/HST, takes priority over the interests of secured creditors.

Read that carefully, because it is the mechanism behind everything else. A secured creditor includes a mortgage lender. This is the specific reason trust fund debt is treated more seriously than ordinary tax debt.

How collection moves on trust fund debtStage 1: Returns filed or assessed. Stage 2: Notification. Stage 3: Collections contact. Stage 4: Enhanced garnishment. Stage 5: Registration on titleHow collection moves on trust fund debt1Returns filed orassessedThe balance isconfirmed2NotificationInterest compoundsdaily3CollectionscontactAn officer isassigned4EnhancedgarnishmentRanks ahead ofsecured creditors5Registration ontitleFollowscertification ofthe debt
Typical sequence. Timing varies with the size of the balance, filing history and whether contact has been made.

The two debts side by side

Most homeowners in this position have both kinds, which is part of why the situation gets confusing. The same envelope can contain balances the CRA treats quite differently.

Income tax arrearsHST and payroll arrears
OriginAssessed on money you earnedCollected or withheld for the government
Legal warning before enforcementNormally givenCan begin after notification
Garnishment priorityBehind secured creditorsCan rank ahead of them
Flexibility on arrangementsMore room in practiceTighter terms, less tolerance

If you are carrying both, the trust fund portion is the one that sets your timeline. It is worth knowing which part of your balance is which before deciding what to deal with first, and a statement of account will separate them.

Why the usual advice fits badly here

Search this topic and most of what you find describes ordinary tax debt: file everything, request relief where grounds exist, negotiate an arrangement, take your time.

Some of that applies. Filing is not optional and it comes first, because nothing can be resolved against an unknown balance.

But advice written for income tax assumes a runway that trust fund debt does not reliably provide. The suggestion to wait and negotiate is built on an escalation pattern that moves faster on this kind of debt.

The advice you will usually read

Take your time, negotiate a payment arrangement, and the CRA will generally work with you.

Commonly stated by commonly repeated for tax debt generally.

What changes when you own your home

That is reasonable for income tax. For GST/HST arrears the enforcement exception and the priority of an enhanced garnishment mean the same patience carries more risk. The advice is not wrong so much as written about a different debt.

What actually resolves it

The CRA is least flexible about trust fund debt, which narrows the realistic paths.

An arrangement may be available, but the terms tend to be tighter and the tolerance for a missed payment lower. Relief provisions apply to penalties and interest in defined circumstances, not to the balance itself.

What usually resolves it is a lump sum. That is an uncomfortable sentence when the money is already spent, and it is the honest one.

RouteWhat it addressesWhat it does not
Filing everythingEstablishes the real balanceDoes not reduce it
Payment arrangementSpreads it over timeInterest continues, terms are tight
Relief applicationPenalties and interest onlyNot the balance itself
Clearing it in fullEnds the collection fileRequires the funds to come from somewhere

The part that keeps people from acting

There is a particular shame attached to this one, and it is worth naming because it does real damage.

Income tax arrears feel like a shortfall. HST arrears feel like something else, because the money passed through your hands and was spent on something other than what it was collected for. People describe it in terms they would not use about any other debt.

That framing is not useful and it is not accurate. What actually happened, in the overwhelming majority of these files, is that a business hit a cash flow problem and the remittance was the only payment with no immediate consequence for missing it. Every other creditor had a phone number and an invoice date. This one had a deadline months away and a letter that arrived much later.

The reason this matters practically is that shame delays the conversation, and delay is the one thing that reliably makes this worse. Interest compounds daily. Collection escalates on a faster track than it would for income tax. The months spent not opening letters are the expensive part.

Where a homeowner is in a different position

If you own a home with equity, there is a source of funds that a renter with the same balance does not have.

That is not a sales point, it is arithmetic. Equity can clear a trust fund balance in one transaction rather than through instalments against the debt the CRA is least willing to be patient about.

It is worth being direct about the cost. Financing against a home while arrears are outstanding usually means an alternative lender rather than a bank, and that costs more than a bank mortgage does. Anyone who tells you otherwise is selling something.

The comparison that matters is not against your current rate. It is against a balance compounding daily, attached to a debt where the collection tools rank ahead of your mortgage lender.

Where the lump sum comes fromIs there meaningful equity in the home? If Little or no equity, and other debts as well, then A trustee should price the alternatives. If Meaningful equity, and the home is worth keeping, then Financing is usually worth pricing firstWhere the lump sum comes fromIs there meaningful equity in the home?IFLittle or no equity, and otherdebts as wellA trustee should price thealternativesSome tax debt can be included in aproposalIFMeaningful equity, and the home isworth keepingFinancing is usually worthpricing firstThe equity is exposed either way
A simplification of a decision that deserves professional advice from both sides. Speak to a licensed insolvency trustee and a licensed mortgage broker before deciding.

What the numbers have to clear

A refinance in Canada is limited to 80 percent of the appraised value of the home, and everything that has to be paid comes out from under that ceiling.

For a homeowner with trust fund arrears, that usually means the existing mortgage, the tax balance, the legal and lender fees, and anything else already registered against title. If those add up to less than the ceiling, there is generally a workable transaction. If they do not, there is not, and the sooner that is established the better.

It is worth checking the balance carefully at this stage. Penalties and interest on trust fund debt accumulate on top of the remittances themselves, and the total is often larger than the figure people carry in their heads. Working from a current statement of account rather than an old letter avoids planning around a number that has since moved.

One more thing that catches people out. If a corporation collected the HST, the CRA can in some circumstances assess a director personally for the corporation's unremitted amounts. That is a different mechanism to your own arrears and it has its own rules, but it is the reason incorporating does not always keep a business balance away from a personal home. If that applies to your situation, it is a question for a tax professional rather than a broker.

What if the business is also in trouble

Sometimes the HST arrears are the visible part of a business that is not working.

If that is the situation, financing the tax balance without addressing the business simply moves the problem forward a year. A larger balance and less equity is a worse position than the one you are in now.

This is where a licensed insolvency trustee is genuinely the right call. Some tax debt can be dealt with in a proposal, and a trustee can tell you what applies to your circumstances. Speaking to one costs nothing and commits you to nothing.

If the business is fundamentally sound and this was a cash flow failure across a few bad quarters, that is a different situation with different answers.

What to do this week

File everything that is outstanding, or get an accountant started on it. Nothing else can proceed against an unknown number, and unfiled returns make every other conversation harder.

Get a current statement of account so you are working from the real figure rather than a letter from months ago. Interest has moved it.

Ask for the balance to be broken down while you are at it. You want to know how much is trust fund debt and how much is ordinary income tax, because the two escalate differently and the trust fund portion is what determines how much time you have. A single total tells you what you owe but not how urgent it is.

Then price both routes properly. A trustee can tell you what an insolvency process would look like. A licensed mortgage broker can tell you what clearing the balance would cost. You want both numbers in writing before you decide, and neither one alone is a complete answer.

If collection has already reached your bank account, what changes when an account is frozen is the more urgent read. If a claim is already registered against your property, how a lien is actually cleared covers the mechanics.

Key takeaways

  • HST you collected was never your money. The CRA treats it as funds held on its behalf.
  • Collection can begin sooner on this kind of debt than on ordinary income tax.
  • An enhanced garnishment on this debt can rank ahead of secured creditors.
  • Owning a home does not raise the risk, but it changes what you can do about it.
  • The window is shorter here, so waiting costs more than it does with income tax.

Questions people ask

Why is HST debt treated differently from income tax debt?

Income tax is assessed on money you earned. HST is money you collected from customers on the government's behalf and were holding until it was remitted. Because those funds were never yours, the CRA treats the arrears as trust money rather than an ordinary balance, and its collection tools reflect that difference.

Can the CRA start collection faster on HST arrears?

Yes. The CRA normally provides a verbal and a written legal warning before taking enforcement action, but business payroll and GST/HST debts are an exception where action can begin after notification. Practically, that means the runway you might expect from an income tax balance is shorter here.

What is an enhanced requirement to pay?

It is a stronger form of garnishment used for payroll deductions, GST/HST remittances and the Air Travellers Security Charge. An ordinary garnishment ranks behind secured creditors. This one takes priority over the interests of secured creditors, which is why trust fund debt is treated more seriously than ordinary tax debt.

The money is gone. It went into the business. What now?

That is the ordinary version of this story and it is not unusual. Cash flow tightened, the remittance was the flexible payment, and one quarter became several. Nothing about that changes the balance, but it does mean the question is now about where a lump sum can come from rather than about what happened.

Does owning a home make my HST arrears worse?

It does not increase what the CRA can do. What it changes is your options, because equity is one way to clear a trust fund balance in a single transaction instead of negotiating instalments against a debt the CRA is least flexible about.

Should I speak to an accountant or a mortgage broker first?

Both, and the order rarely matters. An accountant or tax professional confirms the balance is correct and handles filings. A licensed mortgage broker can tell you what clearing it would cost. Neither answer is complete without the other, and getting both in writing before deciding is the sensible approach.

Send the rough balance and your city

A specific number you can afford, in writing, in 2 business days. No judgment, no cost, and no application until you say yes. A first name is enough to start, and none of it touches your credit.

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Last reviewed August 23, 2026.