Newfoundland business operator fined $604,993 for tax evasion

November 27, 2019

St. John's, Newfoundland

Canada Revenue Agency

The Canada Revenue Agency (CRA) announced that on October 28, 2019, Gary Evans of Torbay, Newfoundland, operating as St. John's Aircraft Services, was sentenced to a conditional jail sentence of 12 months to be served in the community. Evans was fined $342,745 under the Income Tax Act and $262,248 under the Excise Tax Act for a total of $604,993. On November 29, 2018, Evans pleaded guilty in the Provincial Court of Newfoundland and Labrador in St. John's to five counts each of income tax evasion and goods and services tax / harmonized sales tax (GST/HST) evasion. In addition to the court imposed fine, Evans will have to pay the full amount of tax owing, plus related interest and any penalties assessed by the CRA.

A CRA investigation revealed that for the years 2009 to 2013, Evans failed to report net business income totaling $2,594,237, thereby evading federal income taxes totaling $685,490 and GST/HST totaling $349,665. During these years, he earned income and collected GST/HST as sole proprietor of St. John's Aircraft Services, providing de-icing services to aircraft out of St. John's, Newfoundland.

All case-specific information above was obtained from the court records.

Choosing not to follow Canada's tax laws can result in serious consequences. These consequences include: audit reassessments, civil penalties, criminal tax investigations and prosecutions resulting in possible court fines and/or jail time along with a criminal record. Under the income tax and excise tax laws, being convicted of tax evasion can include fines ranging from 50% to 200% of the evaded taxes and up to five years in jail. Being convicted of tax fraud under section 380 of the Criminal Code carries a sentence of up to 14 years in jail.

Those who do not fully comply with tax laws place an unfair burden on law-abiding taxpayers and businesses and jeopardize the integrity of Canada's tax base. While investigations take time, the CRA is committed to acting on all serious cases of non-compliance. From April 1, 2014, to March 31, 2019, the courts convicted 231 taxpayers for tax evasion of $111,297,091 in federal tax. These convictions resulted in sentences totaling $29,628,607 in court fines and 212 years in jail.

The CRA has set up a free subscription service to help Canadians stay current on the CRA's enforcement efforts.

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Contacts

Anne Pachal
Canada Revenue Agency
902-426-5784

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