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Postponement of Business Declarations Until September 2020

By Sharon G. Druker, from our Business Law Practice Group

April 30, 2020 — Federal corporations, non-profit organizations and cooperatives generally must file their annual returns and pay the annual fees within 60 days of the anniversary date of their creation. However, Corporations Canada has recently announced that all such entities whose anniversary date falls between February 1 and June 1, 2020 now have until September 30, 2020 to do so. Corporations created under a special act of Parliament and which would otherwise have to file between April 1 and June 1, 2020 now also have until September 30, 2020 to do so.

All corporations, partnerships and entrepreneurs carrying on business under a business name in the Province of Quebec must be registered with the Quebec Registrar of Enterprises (REQ), and must file an annual declaration and pay annual fees within prescribed delays (six months from their fiscal year end for corporations and between January 1 and June 15 each year for partnerships and entrepreneurs). The REQ has also recently announced that all enterprises whose filing date falls between March 13 and August 31, 2020 inclusively now have until September 1, 2020 to do so. Any penalties already paid by any enterprise whose filing date fell within that period but had filed late will be refunded automatically. Note however that this does not apply to any updating declarations or annual declarations due prior to March 13, 2020 including those for past years.

Those Quebec enterprises which file their annual declaration and income tax return together (corporations and entrepreneurs) can file their annual declaration at any time, and defer payment of the annual fees until the filing of their income tax return (also extended until September 1, 2020). Those Quebec enterprises which do not file a separate tax return, such as partnerships, must both file their annual declaration and pay their annual fees by or before that date.

Sources:

https://corporationscanada.ic.gc.ca/eic/site/cd-dgc.nsf/eng/cs08613.html
http://www.registreentreprises.gouv.qc.ca/documents/FAQ_mesure_allegement-COVID19-V.pdf
http://www.registreentreprises.gouv.qc.ca/en/actualites/2020/2020-04-16.aspx

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