23 January 2024 Ministerial Correspondence 2023-0999421M4 - Bill C-3 - exemption from tax under the Indian Act

Please note that the following document, although believed to be correct at the time of issue, may not represent the current position of the CRA.
Prenez note que ce document, bien qu'exact au moment émis, peut ne pas représenter la position actuelle de l'ARC.

Principal Issues: How many years can you request a refund of taxes after becoming registered under the Indian Act as a result of Bill C-3.

Position: Individuals who are registered under Bill C-3, can claim the exemption starting on January 31, 2011.

Reasons: That is the date an individual became entitled to be registered under the Indian Act.

Legislative Policy and Regulatory Affairs Branch 2023-099942
XXXXXXXXXX

Dear XXXXXXXXXX:

The Honourable Marie-Claude Bibeau, Minister of National Revenue, has asked me to reply to your correspondence, which she received from the office of the Honourable Chrystia Freeland, Minister of Finance, about a refund of income taxes previously paid. Please excuse the delay of this response.

You write that you are recently registered under the Indian Act through Bill C-3, also known as the Gender Equity in Indian Registration Act, S.C. 2010, c.18, and that before you were registered under the Act, you paid personal and business income taxes for over 40 years. You ask about the possibility of receiving a refund for part of the taxes you paid during this time.

Section 87 of the Act gives individuals who are registered or entitled to be registered under the Act, a tax exemption for the personal property, including income earned, situated on a reserve. Please note that the tax exemption does not apply until an individual is entitled to be registered under the Act.

Please also note that the tax exemption under the Act does not apply to corporations, even if they are owned or controlled by an individual who is registered or entitled to be registered under the Act.

Individuals who became registered after Bill C-3 came into effect may qualify under section 87 of the Act for the tax exemption on their income starting on January 31, 2011, when Bill C-3 became law. In this case, individuals who became registered after the passing of Bill C-3 may be eligible for the tax exemption on or after January 31, 2011, for income earned on a reserve.

The Canada Revenue Agency can only adjust an individual’s income tax return for a tax year that ended within the 10 years before the calendar year in which the individual made the request. The 10-year limitation period rolls forward every January 1 and applies to all Canadians, including individuals registered under the Act. Therefore, if you made a request in 2023, a tax refund may be allowed only for the tax years ending during the 2013–2022 period. For more information about taxpayer relief provisions, including how to request a refund, see Information Circular IC07-1R1, Taxpayer Relief Provisions, at canada.ca/cra-publication-ic07-1r1.

I trust the information I have provided is helpful.

Sincerely,

Soren Halverson
Assistant Commissioner
Legislative Policy and Regulatory Affairs Branch
Canada Revenue Agency

Prepared by:

Ann Townsend
2023-099942