Hall – Tax Court of Canada confirms that the assessment of Part I tax returns does not engage the running of statute-barring for taxes under other Parts

D’Auray J confirmed that a T1-OVP form is technically a return made under a separate part of the Act (Part X.1), so that the assessment of timely filings of regular Part I returns of the taxpayer did not commence the running of the normal reassessment period respecting his required reporting of excess-RRSP contribution tax. Accordingly, the Minister was entitled to assess the tax in 2015 going back to the 2008 year.

After referring to the discretion of the Minister to waive the tax under s. 204.1(4) (or, failing that, to waive interest thereon under s. 220(3.1)), D’Auray J recommended “that the Minister exercise her discretion for the taxation years in issue.”

Neal Armstrong. Summaries of Hall v. The Queen, 2016 TCC 221 under s. 152(4) and s. 204.1(4).