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Section 280.1  ·  Ontario  ·  Free Calculator

GST/HST Late Filing Penalty and Interest Calculator

One late return, priced exactly. The A plus B times C penalty on your actual dates, interest compounded daily at the prescribed rate, the total owing today, and what each further month of delay adds.

Exact dates, not estimates
Penalty capped at 4%
Filing and paying separated
Cost per month of delay

The Return

Tax collected less input tax credits. The penalty is a percentage of this.


One month after the period end for monthly and quarterly filers

Not yet filed

Not yet filed
Yes, on the date below

If not filed, the calculation runs to today


Only used if you selected yes above

Not yet paid

Not yet paid
Yes, on the date below

Interest runs to the payment date, separately from the penalty


Only used if you selected yes above

No

No
Yes

A demand changes what happens next, not the penalty arithmetic

Position Today


total owing today

Net Tax

Penalty

Interest

Cost of Another Month

The Penalty, Component by Component

ComponentBasisAmount

Filing and Paying Are Separate Obligations

ObligationYour PositionConsequence

Total Owing Today

ItemBasisAmount

If You Wait Longer

DelayPenaltyTotal Owing

Penalty Against Interest

Penalty, capped at 4%
Interest, uncapped and compounding

Points That Decide This

    What to Do Next

    Disclaimer: Section 280.1 imposes a failure to file penalty of A plus B times C, where A is 1% of the amount owing, B is a quarter of A, and C is the number of complete months the return is overdue to a maximum of twelve. The ceiling is therefore 4% of the amount owing, and the penalty applies only where the return itself was filed late. Interest under section 280 is charged at the prescribed rate plus 4%, compounded daily from the day after the return was due until the amount is paid, and is calculated here using the prescribed rates in force since 2018. A nil or refund return filed late attracts no section 280.1 penalty because the penalty is a percentage of the amount owing. Instalment interest for annual filers, gross negligence penalties and offences under section 326 are not modelled. This page is general information, not tax advice.

    File Even If You Cannot Pay

    This is the single most useful thing on the page, and almost nobody does it. The penalty under section 280.1 is a failure to FILE penalty. If the return goes in on time, there is no penalty at all, however much you owe and however late you pay it.

    On $40,000 Owing, Four Months LatePenaltyInterestTotal Extra
    Filed on time, paid lateNil$908$908
    Filed late, paid on time$700Nil$700
    Both late$700$908$1,608

    Filing on time when you cannot pay removes the entire penalty. It takes an hour and it costs nothing. Businesses hold returns back because they cannot fund the payment, which is the one response that makes the position worse rather than better.

    The Formula

    Section 280.1 sets the penalty as A plus B times C.

    ComponentMeaning
    A1% of the amount owing
    B25% of A, so a quarter of one percent
    CThe number of complete months the return is overdue, to a maximum of twelve
    Months LatePenalty as a PercentageOn $40,000
    Under 11.00%$400
    31.75%$700
    62.50%$1,000
    12 or more4.00%$1,600

    The penalty stops growing after twelve months. That surprises people who assume it keeps climbing, and it changes the urgency calculation once a return is more than a year late.

    The Interest Never Stops

    Interest under section 280 runs at the prescribed rate plus four percent, compounded daily, from the day after the return was due until the amount is paid. It does not cap, and after the first year it is the only thing still growing.

    How LatePenalty on $40,000Interest
    3 months$700$908
    13 months$1,600$3,364
    3 years$1,600, capped$11,536

    At three years the interest is more than seven times the penalty. Anyone focused on the penalty is watching the smaller number.

    A Nil Return Carries No Penalty

    Because the penalty is a percentage of the amount owing, a nil return or a refund return filed late attracts nothing under section 280.1. That does not make it a good idea, because the CRA can still issue a demand and can notionally assess, but it does mean a registrant with credits exceeding tax collected is not accruing a penalty while behind.

    What a Demand to File Changes

    A demand does not change the penalty arithmetic. It changes what happens next. Once a demand has been issued, the CRA is signalling that it will assess the period itself under section 299 if you do not file, estimating your sales and allowing no input tax credits at all. Failing to comply with a demand is also an offence under section 326, carrying a fine and, in serious cases, imprisonment.

    The practical consequence is that a demand converts a slow-moving problem into a deadline. A return filed after a notional assessment still replaces it, but the collection action that follows the assessment does not wait politely in the meantime.

    Directors Are Personally on the Hook

    Section 323 of the Excise Tax Act makes a director personally liable for unremitted net tax together with the interest and penalties on it, where the corporation fails to pay and the CRA cannot collect from it. That liability survives the corporation, subject to a two-year limit running from when you ceased to be a director.

    It is one of the few areas where the corporate veil genuinely offers no protection, and it is why HST arrears deserve attention ahead of most other creditors.

    Can It Be Cancelled

    Taxpayer relief can cancel penalties and interest where the failure arose from circumstances beyond your control, such as serious illness, a natural disaster or a CRA error. It is discretionary, it is limited to the ten calendar years before the request, and ordinary cash flow difficulty on its own is rarely enough.

    Where the facts genuinely support it, apply. But file first. A relief application on an unfiled return is not a strategy, and the CRA will not consider it while the underlying obligation is outstanding.

    Practical Order of Operations

    1. File the return today, even with estimated figures you will amend, because filing stops the penalty clock.
    2. Pay whatever you can against the balance, since interest runs on the unpaid amount rather than the whole liability.
    3. Set up a payment arrangement for the remainder, which the CRA agrees routinely once the returns are in.
    4. Fix the filing calendar, because a second round of arrears is treated very differently from a first.
    5. Apply for relief afterwards if the circumstances genuinely support it.

    What This Calculator Does Not Cover

    • Multiple periods, which need the catch-up calculation rather than this one
    • Instalment interest for annual filers who were required to pay instalments
    • Gross negligence penalties where tax was collected and knowingly not remitted
    • Offences and prosecution under section 326
    • Notional assessments already raised and what filing does to them
    • Input tax credits expiring under the four-year deadline, which matters on older periods

    An hour of work removes the penalty entirely. If the only thing stopping you filing is not being able to fund the payment, file anyway. Our GST/HST return filing service covers the return, the arrears position and the payment arrangement.

    Frequently Asked Questions

    Common questions on late HST returns.

    What is the penalty for filing an HST return late?
    Section 280.1 charges A plus B times C, where A is 1% of the amount owing, B is a quarter of A, and C is the number of complete months overdue to a maximum of twelve. That caps the penalty at 4% of the amount owing. On $40,000 owing, three months late is $700 and twelve months or more is $1,600.

    Should I file if I cannot pay?
    Yes, always. The penalty is for failing to file, not for failing to pay. Filing on time removes it entirely however much you owe and however late the payment is. On $40,000 four months late, filing on time and paying late costs $908 in interest, while holding the return back adds $700 of penalty on top for nothing.

    Does the penalty keep growing forever?
    No. The monthly component stops after twelve complete months, capping the penalty at 4% of the amount owing. Interest does not stop, compounds daily at the prescribed rate plus four percent, and after the first year is the only thing still growing. At three years the interest on $40,000 is $11,536 against a capped penalty of $1,600.

    What if the return is nil or a refund?
    No section 280.1 penalty arises, because the penalty is a percentage of the amount owing and there is none. The CRA can still issue a demand to file and can notionally assess the period, so filing remains necessary, but you are not accruing a penalty while behind.

    What happens if the CRA sends a demand to file?
    The penalty arithmetic does not change, but the situation does. A demand signals that the CRA will assess the period itself under section 299, estimating your sales and allowing no input tax credits. Failing to comply with a demand is also an offence under section 326 carrying a fine and, in serious cases, imprisonment. Treat a demand as a deadline rather than a reminder.

    Am I personally liable as a director?
    Yes. Section 323 makes a director personally liable for unremitted net tax plus the interest and penalties on it, where the corporation fails to pay and the CRA cannot collect from it. The liability survives the corporation, subject to a two-year limit running from when you ceased to be a director.

    Can the penalty and interest be cancelled?
    Taxpayer relief can cancel them where the failure arose from circumstances beyond your control, such as serious illness, a natural disaster or a CRA error. It is discretionary and limited to the ten calendar years before the request, and ordinary cash flow difficulty on its own is rarely enough. File the return first, because the CRA will not consider relief while the obligation is outstanding.

    Will the CRA agree to a payment plan?
    Routinely, once the returns are filed. Interest continues during an arrangement, so the schedule should be as short as the business can genuinely sustain, and defaulting on one puts you in a worse position than never having made it. Pay whatever you can immediately, because interest runs on the unpaid balance rather than the original amount.

    File Today. The Penalty Stops the Moment You Do.

    Send us the period and whatever figures you have. We will prepare and file the return, calculate the exact arrears, and set up a payment arrangement for the balance if you need one.

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