Principal Issues: 1.Where a valid waiver is provided for a particular taxation year, whether a refund may be issued if the request is made beyond the date required by paragraph 164(1)(b) of the Act. 2. Would the answer change if there is a valid waiver for the same issues the refund request is based on?
Position: 1.No.
Reasons: 1. Paragraph 164(1)(b) of the Act does not provide for a refund beyond the period within which the Minister would be allowed under subsection 152(4) to assess tax payable, regardless of whether a waiver was filed for the taxation year. The application for the refund must be made within the time frames provided by 164(1)(b). Furthermore, a waiver does not extend the time frame to request a refund. 2. Where the details of the waiver also provide for a refund as a reasonable outcome of the audit, the refund request may be considered to have been made as part of the waiver and the Minister may issue the refund.
