# Employer refuses to give me my T4



## TGE (Apr 1, 2013)

For all of 2012 my employer has been paying me as an independent
contractor. They have not deducted any EI, CPP or personal taxes. It has
been a straight check.

There was a ruling from the CRA that I am indeed an employee and NOT an
independent contractor.

I have now asked for my 2012 T4 slip and they have told me that in order
to create the T4 slip they need to remit the amount they should have
deducted on my behalf to the CRA. They want me to cut them a check for
$2500 and then they will give me my T4 slip.

I have talked to my employer and told them that I find it strange that I
need to cut them a check in order to receive my T4 slip. They told me
that's the only way they can generate the slip. That they need to remit
the amount they should have deducted to cra in order to create it.

I have called the CRA several times and they all agree that the employer
can not hold my T4 for any reason. However, they were not able to link me
to anything on the CRA website that explicitly states that an employer can
not ask for money in order to generate a T4 slip. They however told me
that I can still file my taxes without a T4 as long as I send in all my
pay stubs, the ruling letter from CRA and a note explaining the situation.


What I want to know is if there is anything in writing I can show my
employer that states that they can not ask me for payment in order for me
to receive my T4 slip?

I have no issue paying the CRA my taxes but I certainly feel uncomfortable
cutting my employer a check in order to receive my T4 slip. I would much
rather pay the CRA directly.

Any thoughts would be greatly appreciated.

Thank you,


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## Addy (Mar 12, 2010)

Is there anything you can put in writing and submit to your employer? Either via email or written letter? Maybe asking for confirmation on how much you "owe them" or some other way of possibly making it appear you aren't simply asking for something in writing to submit to CRA?


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## Saniokca (Sep 5, 2009)

We had a similar discussion about this. See if this helps:
http://canadianmoneyforum.com/showthread.php/15050-Situation-after-CPP-EI-ruling?highlight=employer


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## OhGreatGuru (May 24, 2009)

Look at it from the employer's point of view. If they remit your share of CPP, EI, etc, (and maybe taxes, though they might get an exemption there) to CRA, as they are required to do for employees; what are the chances of them getting the money back from you after the fact? Perhaps they could start deducting it from your future pay, but I suspect this would play havoc with their accounting system. The CRA ruling that you are an employee means that they paid you too much last year. If you don't re-imburse them now it means they will be out of pocket when they pay CRA.


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