(4.01)-(9)

Subsection 152(4.01) - Assessment to which paragraph 152(4)(a), (b) or (c) applies

Cases

Canada v. Honeywell Limited, 2007 DTC 5073, 2007 FCA 22

The Minister took the position on audit that a loan made by a Netherlands Antilles subsidiary of the taxpayer ("Honeywell N.V.") to a Netherlands...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Words and Phrases
matter
Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 152 - Subsection 152(9) s. 152(9) did not permit going beyond a waiver's scope 46

Canada v. Agazarian, 2004 DTC 6366, 2004 FCA 32

Pelletier J.A. stated (in obiter dicta at p. 6375):

"Subsection 152(4.01) restricts the right of reassessment within the extended reassessment...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

See Also

Rio Tinto Alcan Inc. v. The Queen, 2017 CCI 67

The reassessment in question of the taxpayer (RTA) for its 2006 taxation year was followed by a further reassessment (made within the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 152 - Subsection 152(1) reassessment made without a proper audit in order to beat statute-barring was valid 612
Tax Topics - Income Tax Act - Section 166 curative effect of ss. 166 and 152(8) 179

Ross v. The Queen, 2013 DTC 1250 [at 1400], 2013 TCC 333

In 2001, the first taxpayer transferred the commuted value of his entitlements under his registered pension plan to a new pension plan established...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Fagan v. The Queen, 2012 DTC 1139 [at 3217], 2011 TCC 523

Rather than investing directly in flow-through shares of an Alberta oil and gas company ("Sierra"), for limited liability reasons the taxpayer and...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Fietz v. The Queen, 2011 DTC 1351 [at 1965], 2011 TCC 493

The taxpayer's waiver, which had been provided to CRA on a timely basis, allowed the Minister to reassess the taxpayer beyond the normal...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Chafetz v. The Queen, 2006 DTC 2119, 2005 TCC 803

After an initial review of the taxpayer's deduction of Canadian exploration expense ("CEE") in respect of the acquisition of seismic data the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Mah v. The Queen, 2003 DTC 1312, 2003 TCC 720

On December 15, 1996 the taxpayer exchanged common shares of a company for preferred shares, of the company, and on December 20, 1996 the company...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Placements T.S. Inc. v. The Queen, 94 DTC 1302, [1994] 1 CTC 2464 (TCC)

A waiver given by the taxpayer with respect to a "capital gain on disposal of rights to purchase" a specified property covered a capital gain...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Paragraph 152(4.01)(a)

Subparagraph 152(4.01)(a)(ii)

See Also

Loblaw Financial Holdings Inc. v. The Queen, 2018 TCC 182, rev'd on s. 95(1) - investment business - (a) (arm's length conduct) grounds 2020 FCA 79, in turn aff'd 2021 SCC 51

The taxpayer provided waivers, drafted by CRA, that referenced the inclusion in its income of foreign accrual property income (FAPI) of a Barbados...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 165 - Subsection 165(1.11) requirement met where Crown knew the nature and quantum of the dispute 269
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Foreign Bank CFA qualified as a foreign bank since it was licensed under Barbados law as an international bank 123
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Investment Business - Paragraph (a) Barbados-licensed international bank, which used Loblaw funding to invest responsively to Loblaw considerations, conducted an offside non-arm’s length business 429
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Investment Business - Paragraph (c) employee equivalents was reduced by employee time described in s. 95(2)(b) 290
Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Foreign Exchange short-term debt securities were inventory because they were the raw material for generating swap income 130
Tax Topics - Income Tax Act - Section 245 - Subsection 245(3) application of GAAR required the occurrence of an avoidance transaction (or series) in non-statute-barred years and the relevant previous year’s avoidance transaction did not occur as part of the series 512
Tax Topics - Income Tax Act - Section 248 - Subsection 248(10) hiring of employees 15-years previously to engage foreign bank exception to investment business definition was not part of same series as renewal of foreign bank licence 228
Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) use of Barbados sub to engage in proprietary trading for Canadian parent misused the foreign bank exemption, whose purpose was promoting international competitiveness 336
Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph 95(2)(l) purpose of s. 95(2)(l) exception was to permit non-resident subsidiaries of Canadian banks and dealers to compete internationally 190

Paragraph 152(4.01)(b)

Subaragraph 152(4.01)(b)(iii)

Administrative Policy

13 August 2018 Internal T.I. 2018-0763611I7 F - Subpar 152(4)(b)(iii) and FAPI

A Canadian corporation (“Holdco” or the “Taxpayer”) contributed marketable securities to a (apparently newly-formed) wholly-owned...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(b) - Subparagraph 152(4)(b)(iii) the extended reassessment period can apply to FAPI earned even before the 2018 Budget 220

Subsection 152(4.1) - If waiver revoked

See Also

Loiselle v. Agence du revenu du Québec, 2019 QCCQ 4647

The taxpayer, after being asked by the ARQ to substantiate her capital gain computation for a share sale, met with the ARQ auditor (Mr. Drapeau)...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(a) - Subparagraph 152(4)(a)(ii) unrepresented taxpayer was sufficiently informed by the auditor respecting her waiver 392

236130 British Columbia Ltd. v. The Queen, 2006 DTC 2053, 2005 TCC 770

In finding that a notice of reassessment that the Minister mailed to the wrong address within the six-month period referred to in s. 152(4.1)...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Subsection 152(4.2) - Reassessment with taxpayer’s consent

Cases

Carasco v. Canada (Attorney General), 2022 FC 1665

On February 14, 2022, a CRA employee wrote to the taxpayer proposing to allow her requested deduction, pursuant to an application under s....

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Freitas v. Canada, 2018 FCA 110

The taxpayer retired as a partner from Deloitte & Touche LLP in 2007. For 2008, he was allocated income from the partnership that was included in...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 152 - Subsection 152(8) a statute-barred reassessment was valid for the purpose of being objected to and vacated on substantive grounds 222
Tax Topics - Other Legislation/Constitution - Federal - Canada Pension Plan - Section 14 s. 96(1.1) income was not from carrying on business 229
Tax Topics - Other Legislation/Constitution - Federal - Canada Pension Plan - Section 38 - Subsection 38(4) - Paragraph 38(4)(a) CRA has discretion to refund excess contributions 99
Tax Topics - Income Tax Act - Section 96 Backman statements applied to common law partnerships 204

Biles Estate v. Canada (National Revenue), 2017 FC 371

The applicant, variously described as an estate and as a spousal trust, realized a capital gain on a deemed disposition of a property held by it...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Anthony v. Canada (National Revenue), 2016 FC 955

Approximately eight years after the taxation year in question, the taxpayer made a s. 152(4.2) application to CRA to allow the personal deduction...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - General Concepts - Separate Existence taxpayer bound by lease agreements being contracted by his corporation rather than personally 466
Tax Topics - Income Tax Act - Section 9 - Computation of Profit matching principle not a rule of law 234

Canada (Attorney General) v. Abraham, 2012 DTC 5160 [at 7402], 2012 FCA 266, rev'g 2011 DTC 5140 [at 6126], 2011 FC 638

The taxpayers lived on a reserve and were employed at a sawmill built on former reserve land, which had been ceded for the sake of establishing...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Other Legislation/Constitution - Federal - Indian Act - Section 87 Minister's decision based on the prior "state of the law" in the relevant period could include the state of the jurisprudence 256

White v. Canada (Attorney General), 2011 DTC 5093 [at 5870], 2011 FC 556

The taxpayer participated in a government fishing licence retirement program in which he was paid a lump sum to surrender his commercial fishing...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Costabile v. CCRA, 2008 DTC 6574, 2008 FC 943

Before going on to find that the Minister's decision not to accept amended returns was not unreasonable, Russell, J. noted (at para. 24) that "the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Hindle v. Canada (Customs and Revenue Agency), 2004 DTC 6378, 2004 FC 625

In the decision on behalf of the Minister not to re-open two statute-barred taxation years of the taxpayer to allow the deduction of expenses, the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Plattig v. Attorney General of Canada, 2003 DTC 5601 (FCTD)

The decision of the Minister to deny the taxpayer's claim for additional expenses was remitted for reconsideration given that the Minister's...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Canada v. Barron, 97 DTC 5121, [1997] 2 CTC 198 (FCA)

In reversing the trial judge, Pratte J.A. noted that the respondents were given a full opportunity to make representations to support their...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

See Also

Rousseau v. Agence du revenu du Québec, 2018 QCCQ 7340

The taxpayer, who performed his work for various employers at pipeline sites outside Quebec for most of the taxation years at issue (2003 to...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 2 - Subsection 2(1) taxpayer, who worked mostly outside Quebec, maintained his family home and other strongest residency ties with Quebec 318
Tax Topics - Income Tax Act - Section 162 - Subsection 162(1) taxpayer established that failure to file Quebec returns was based on good faith reliance on his accountant’s view of his Alberta residency 149

DouangChanh v. The Queen, 2013 DTC 243 [at 1335], 2013 TCC 320

The taxpayer filed a timely notice of objection to a reassessment on the basis that it incorrectly denied the deduction of a charitable donation. ...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 166.2 - Subsection 166.2(5) no discretion to extend deadline 129

Administrative Policy

20 June 2023 STEP Roundtable Q. 2, 2023-0961311C6 - Worthless Property

On administering an estate, the executors discover share certificates of public corporations that have become worthless (now bankrupt) and for...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

28 April 2011 Internal T.I. 2011-0394301I7 F - Obligation de l'employeur - feuillet T4 modifié

When asked what an employer should do when it discovers that T4 slips issued by it incorrectly showed an automobile benefit, CRA stated:

...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Regulations - Regulation 200 - Subsection 200(1) procedure for correcting T4 slips 109

27 March 2018 Internal T.I. 2017-0691941I7 F - Investissement frauduleux – Fraudulent Investment

The “Investors” had “invested” in what turned out to be a Ponzi scheme under which for many years they paid income taxes on interest...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(p) - Subparagraph 20(1)(p)(i) Ponzi scheme investors can generally write off their reinvested interest income in the year the perpetrators are charged 283
Tax Topics - General Concepts - Effective Date court order ab initio declaring loan void would eliminate interest income 196

15 September 2014 Internal T.I. 2014-0530981I7 F - Délai de 10 ans expiré - 152(4.2)

The executors of an estate reported a deemed disposition on the death of the deceased of his right to exploit a gravel pit, whereas many years...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

16 March 2015 External T.I. 2014-0524371E5 F - Assessment beyond normal reassessment period

An individual after being assessed for taxable benefits for certain years was subsequently required by his employer to reimburse the employer for...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 8 - Subsection 8(1) - Paragraph 8(1)(n) no reversal of taxable benefits if repaid in subsequent year 147

14 January 2014 Internal T.I. 2013-0514331I7 - Application of 111(1)(a) and 152(4.2)

If the taxpayer had recognized the non-discretionary s. 34.1(3) deduction in a year that was now beyond the 10-year limitation in s. 152(4.2), it...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

10 January 2014 Ministerial Correspondence 2013-0513401M4 F - Pertes agricoles restreintes

Respecting a request to reassess taxation years beyond the normal reassessment period to allow (presumably on the basis of Craig) the deduction of...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

24 October 2012 Internal T.I. 2012-0456711I7 F - Inadmissibilité à la déduction pour GC

Mr. B claimed the full amount of the capital gains exemption in 2007 and then was subsequently assessed for a capital gain realized in 2006...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(7) - Paragraph 110.6(7)(b) potential application of s. 110.6(7)(b) where s. 51(2) applied 268
Tax Topics - Income Tax Act - Section 248 - Subsection 248(10) concept of a related transaction requires "more than a mere possibility"/retrospective attachment of related transaction 222

27 January 2012 Internal T.I. 2011-0428831I7 F - Crédit d'impôt pour frais médicaux

The taxpayer was reimbursed by the Régie de l'assurance-maladie du Québec ("RAMQ") for drug costs incurred in 2007 through 2011, but in 2011,...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 118.2 - Subsection 118.2(3) - Paragraph 118.2(3)(b) taxpayer could claim credit for years where he was no longer entitled to claim repaid Quebec drug benefit against private plan due to being out of time 200

6 December 2011 External T.I. 2010-0384701E5 F - Décès contribuable - Immobilisation admissible

Mr. X bequeathed all his property to his children including goodwill that he had generated over the years from his business, which his estate then...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 70 - Subsection 70(5.1) application of s. 70(5.1) to bequest of goodwill 210
Tax Topics - General Concepts - Effective Date CRA policy of price adjustment clauses inapplicable where deferred sale price subsequently adjusted 253

22 June 2005 External T.I. 2005-0136941E5 F - Don par testament

Regarding charitable gifts made in cash under the will of the deceased after the expiration of the normal reassessment period for the taxation...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

10 November 1992 Memorandum (Tax Window, No. 27, p. 7, ¶2343)

S.152(4.2) permits a taxpayer to create a non-capital loss beyond the normal reassessment period that can be applied to open years in certain...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

October 1992 Central Region Rulings Directorate Tax Seminar, Q. C (May 1993 Access Letter, p. 229)

S.152(4.2) provides for the establishment of a non-capital loss in a year beyond the normal reassessment period, for example, where a taxpayer has...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Subsection 152(4.3) - Consequential assessment

Cases

Bakorp Management Ltd. v. Canada, 2019 FCA 195

Following the resolution of a dispute relating to its 1989 taxation year, the taxpayer (“Bakorp”) requested that the Minister adjust its...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 111 - Subsection 111(3) - Paragraph 111(3)(a) non-capital loss claimed in year 2 could not be claimed instead in year 3 in absence of CRA decision to make s. 152(4.3) adjustment to year 2 166

The Queen v. Bulk Transfer Systems Inc., 2005 DTC 2005 FCA 94

The Minister reassessed the taxpayer's 1987 taxation year on the basis that the replacement property rollover was not available in that year, so...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Sherway Centre Ltd. v. Canada, 2003 DTC 5082, 2003 FCA 26

The taxpayer successfully appealed from reassessments denying the deduction of interest by it on a participating bond for its 1987 and 1988...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Words and Phrases
balance

See Also

Blackburn Radio Inc. v. The Queen, 2012 DTC 1213 [at 3580], 2012 TCC 255

The taxpayer was assessed four times in respect of 1999 - in 2000, 2002, 2004, and 2009. The taxpayer appealed the 2004 reassessment, which for...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) 133
Tax Topics - Income Tax Act - Section 171 - Subsection 171(1) no further reassessment permitted if order to vacate or vary 183

Hill v. The Queen, 96 DTC 1399, [1996] 1 CTC 2893 (TCC)

S.152(4.3) apply to permit the Minister to reassess the taxpayer's 1985 taxation year by denying an s. 20(1)(j) deduction previously accorded by...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Administrative Policy

29 May 2017 External T.I. 2014-0537111E5 F - Consequential assessment

An appeals officer rejected the taxpayer’s appeal of a reassessment by CRA to increase its closing inventory for Year 1. Can a reassessment be...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 10 - Subsection 10(2) reassessing to increase closing inventory permits reassessment to increase next year's COS 31

3 June 2014 Internal T.I. 2013-0489471I7 - Subsection 171(1)

Was the Minister permitted to issue a reassessment in order to give effect to a Court's order to vacate or vary an assessment under s. 171(1)? CRA...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 169 - Subsection 169(1) appeal from varied assessment 106
Tax Topics - Income Tax Act - Section 171 - Subsection 171(1) no power to reassess following order to vacate or vary 111

7 February 2006 External T.I. 2005-0122381E5 F - Consequential assessment

The Corporation initially had its loss denied for Year 1 but, many years later in Year 1 + X, CRA allowed that loss (“Determined Amount #2”). ...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

20 January 1994 Internal T.I. 9400506 - CONSEQUENTIAL REASSESSMENTS

Where the district office disallowed capital losses claimed in a year on the basis that there was no disposition of the particular properties, and...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Subsection 152(4.4)

Subsection 152(5) - Limitation on assessments

Cases

Savics v. Canada, 2021 FCA 56

The taxpayer was allocated losses for the initial years of his membership of three film-distribution limited partnerships and income-account gains...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 169 - Subsection 169(3) reference in a settlement agreement to CRA making consequential adjustments was not limited to those made under s. 152(4.3) 405
Tax Topics - Income Tax Act - Section 169 - Subsection 169(1) an assessment exists until it has been nullified by a reassessment 379

Canada v. Anchor Pointe Energy Ltd., 2003 DTC 5512, 2003 FCA 294

After the Minister had assessed predecessors of the taxpayer on the basis that amounts paid by them to purchase seismic data exceeded the fair...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - General Concepts - Onus 60
Tax Topics - Income Tax Act - Section 152 - Subsection 152(9) Minister could rely on a new argument (suggesting none of CEE deductible) in confirming a reasssessment partially disallowing the CEE 158
Tax Topics - Income Tax Act - Section 165 - Subsection 165(5) 246

See Also

Foster v. The Queen, 2016 DTC 1010 [at 2562], 2015 TCC 334

The taxpayer obtained a rectification order relating to the purchase for $415,000 of a fishing vessel and equipment (collectively, "the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - General Concepts - Rectification & Rescission consequential reassessment permitted under s. 152(5) 63

Stone Container (Canada) Inc. v. The Queen, 98 DTC 1508, [1998] 3 CTC 2150 (TCC)

The Minister allowed the taxpayer's notice of objection to an inclusion in its taxable income of a shareholder benefit by making a reassessment,...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Merswolke v. The Queen, 95 DTC 821, [1995] 1 CTC 2524 (TCC)

Before going on to find that two reassessments issued following the normal reassessment period were void, Mogan TCJ. stated (at p. 826):

"......

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Contonis v. The Queen, 95 DTC 511, [1996] 1 CTC 2118 (TCC)

In order to reassess a year outside the normal reassessment period, the initial onus lay upon the Crown to establish that the taxpayer, in filing...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 25 - Subsection 25(1) 66

Administrative Policy

12 September 2014 Internal T.I. 2014-0518641I7 - Consequential Adjustments to Corporate Min Tax

As a result of a reassessment of the 2008 taxation year (for example to reflect the application of a loss carryback), adjustments have been made...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

9 January 1992 T.I. 913015 (December 1992 Access Letter, p. 31, ¶C144-190)

RC is not precluded from issuing a notice of determination beyond the normal reassessment. Where the determination would require the reduction of...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

9 January 1992 T.I. (Tax Window, No. 15, p. 15, ¶1689)

S.152(5) does not prohibit the determination or redetermination of a loss under s. 152(1.1) for a year that is statute-barred.

Articles

Pooja Samtani, "Revisiting the Limits: the Powers of the Minister Post-Objection", Tax Litigation, Vol. XVIII, No. 3, 2012, p. 1106 at 1107

While subsection 152(5), read literally, would only preclude the Minister from including additional amounts in "income" when reassessing a...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Subsection 152(6) - Reassessment where certain deductions claimed

Cases

Building Products of Canada Corp. v. Canada (Attorney General), 2020 FC 784

When the taxpayer was assessed to deny SR&ED deductions or credits for its 2009 taxation year, the CRA auditor failed to follow the requirement in...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 220 - Subsection 220(3.1) refusal to grant more than partial interest relief for failure of CRA to point out an ability to apply NCLs was reasonable 492

Greene v. MNR, 95 DTC 5078, [1995] 1 CTC 135 (FCTD), aff'd 95 DTC 5684 (FCA)

The taxpayer was successful in obtaining an order of mandamus directing the Minister to carry back a large capital loss it had reported in its...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Words and Phrases
take into account

Darke v. MNR, 76 DTC 6468, [1976] CTC 734 (FCTD)

The taxpayer was unable to carry back business losses because he did not file an amended return within the statutory time limit (nor at any...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Montreal Trust Company v. Minister of National Revenue, 62 DTC 1242, [1962] CTC 418, [1962] S.C.R. 570

Within the time limit for doing so the taxpayer filed an amended return for its 1952 taxation year in which it carried back a loss from its 1953...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

See Also

1455257 Ontario Inc. v. The Queen, 2020 TCC 64, aff'd 2021 FCA 142

The Minister assessed the taxpayer in 2010 under s. 160 respecting a transfer of $1 million in property made to it by an affiliate (“661”) for...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 160 - Subsection 160(1) - Paragraph 160(1)(e) - Subparagraph 160(1)(e)(ii) s. 160(1)(e)(ii) extended to post-transfer interest 395
Tax Topics - General Concepts - Onus onus on taxpayer re assessment underlying a s 160 assessment of the taxpayer 57

Administrative Policy

22 August 2022 Internal T.I. 2019-0810061I7 - XXXXXXXXXX v MNR -220(3) and 152(7)

ACo’s 2011 to 2013 taxation years were arbitrarily assessed under s. 152(7). Eventually, it filed tax returns for those taxation years after the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 220 - Subsection 220(3) s. 220(3) could not be used to extend the normal reassessment period running from an arbitrary assessment 243
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(a) - Subparagraph 152(4)(a)(i) misrepresentation (a repeated failure to file returns) could not ground CRA reassessments, beyond the normal reassessment period, to reduce arbitrary assessments made by it 253
Tax Topics - Income Tax Act - Section 164 - Subsection 164(1.5) s. 164(1.5) is a complete code for when the s. 164(1) period can be extended, so that s. 220(3) cannot be so used 283

6 April 1993 T.I. (Tax Window), No. 30, p. 7, ¶2489)

RC will accept late-filed elections provided a reassessment can be made within six years from the date of mailing of the notice of original...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

28 January 1991 T.I. (Tax Window, Prelim. No. 3, p. 27, ¶1114)

Where in its 1987 and 1988 taxation years the taxpayer has realized capital gains which it initially offset with non-capital losses, then in 1990...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

86 C.R. - Q.72

Although the Minister is not required to effect an investment tax credit carryback (or any other carryback) request where it arises as a result of...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

85 C.R. - Q.3

Provided that a reassessment can be made with 6 years from the mailing of the original assessment, a late request to carry back a loss to that...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Paragraph 152(6)(c)

Administrative Policy

17 November 2022 External T.I. 2021-0919001E5 F - Eligible Dividends and Non-Capital Loss Carry-Back

Opco carried back non-capital losses from its 2019 and 2020 taxation years to its 2016 to 2018 taxation years. This had the effect of reducing...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 89 - Subsection 89(1) - General Rate Income Pool - Element B B of formula reduces GRIP by NCLs carried back 167
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(b) - Subparagraph 152(4)(b)(i) CRA discretion re accepting adjustment to losses carried back provided that the amendment request is made within the s. 152(4)(b)(i) period and loss year not statute-barred 322
Tax Topics - Income Tax Act - Section 152 - Subsection 152(3) s. 152(3) (and, consequentially, s. 185.2(2)) requires filing of amended return to reflect missing excessive dividend 173
Tax Topics - Income Tax Act - Section 185.1 - Subsection 185.1(2) s. 185.1(2) election can be made before the incremental Part III.1 assessment that is being avoided 181

Subsection 152(7) - Assessment not dependent on return or information

Cases

Morrow v. The Queen, 92 DTC 6380, [1992] 2 CTC 111 (FCA)

Heald J.A. adopted the explanation of President Thorson in Dezura v. MNR, [1947] CTC 375 at 378 (Ex Ct) of the effect of s. 152(7).

Abed Estate v. The Queen, 82 DTC 6099, [1982] CTC 115 (FCA)

The taxpayer did not file any income tax returns on the ground, later established in court to be unfounded, that he was exempt from tax. He was...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(e) no requirement to include a reserve if no evidence of its claiming in previous sale year 160
Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(n) taxpayer did not object to Minister deducting reserve 159
Tax Topics - Treaties - Income Tax Conventions - Article 7 100

See Also

Deneschuk Building Supplies Ltd. v. The Queen, 96 DTC 1467, [1996] 3 CTC 2039 (TCC)

A failure of the Minister to give notice in writing that he required a form T2013 before assessing under s. 125(4) was not cured by s. 152(7)....

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Administrative Policy

8 September 2022 Internal T.I. 2021-0892791I7 - Paragraph 94(3)(f) election

Regarding the scenario where CRA makes an arbitrary assessment under s. 152(7) of a non-resident trust on the basis that it became a deemed...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(3) - Paragraph 94(3)(f) election can be filed with a very late return, likely including a return filed after an arbitrary assessment 299

11 September 2015 Internal T.I. 2015-0599851I7 - TFSA arbitrary assessment

Under proposed changes to CRA’s procedures, any taxpayer who, having failed to remove the excess amount from his or her TFSA following a warning...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 207.02 CRA to assess taxpayers who have overcontributed to TFSAs after only one warning letter 48

Subsection 152(8) - Assessment deemed valid and binding

Cases

Prince v. Canada (National Revenue), 2020 FCA 32

Rennie JA confirmed the decision of Annis J that a CRA “proposal” letter to the taxpayer setting out proposed reassessments for his 2007 to...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Other Legislation/Constitution - Federal - Federal Courts Act - Section 18.1 - Subsection 18.1(3) a CRA proposal letter is not a judicially-reviewable decision or order 337

Glatt v. Canada (National Revenue), 2019 FC 738

Following his assessment for a s. 163.2 penalty, the taxpayer paid $1M to CRA so as to offset interest which would be borne by him if the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 164 - Subsection 164(3) naming of a taxation year respecting a reassessment cancelling a s. 163.2 penalty was not an “error” that precluded the payment of refund interest 577
Tax Topics - Other Legislation/Constitution - Federal - Federal Courts Act - Section 18.1 - Subsection 18.1(2) extension granted where the taxpayer had continually pursued relief 415
Tax Topics - General Concepts - Onus onus on Minister to establish that her refund of a s. 163.2 penalty did not relate to any particular taxation year 282

Canada v. 594710 British Columbia Ltd., 2018 FCA 166

A partner of a real estate partnership that had realized profits from condo sales was sold on May 29, 2006, being two years before the partnership...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) allocation of most partnership profits to a lossco that acquired its interest at year end without economic risk was vacuous and abused ss. 96(1)(f), 103(1) and 160 634
Tax Topics - Income Tax Act - Section 160 - Subsection 160(1) stock dividend followed by redemption of the stock dividend shares effected in combination a transfer of property for no consideration 334
Tax Topics - Income Tax Act - 101-110 - Section 103 - Subsection 103(1) s. 103(1) likely applies to the allocation of most of the partnership profits at year end to a lossco that never had significant economic interest or risk in the partnership business 327
Tax Topics - Income Tax Act - Section 96 - Subsection 96(1) - Paragraph 96(1)(f) purpose of s. 96 is for income allocation to be allocated in accordance with economic participation 102

Freitas v. Canada, 2018 FCA 110

The taxpayer, a retired Deloitte partner, was assessed by CRA in 2009 to impose a CPP contribution obligation on an amount of income that was...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4.2) s. 152(4.2) inapplicable where reassessment, albeit in response to refund request, increased taxpayer’s liability 458
Tax Topics - Other Legislation/Constitution - Federal - Canada Pension Plan - Section 14 s. 96(1.1) income was not from carrying on business 229
Tax Topics - Other Legislation/Constitution - Federal - Canada Pension Plan - Section 38 - Subsection 38(4) - Paragraph 38(4)(a) CRA has discretion to refund excess contributions 99
Tax Topics - Income Tax Act - Section 96 Backman statements applied to common law partnerships 204

Canada (National Revenue) v. JP Morgan Asset Management (Canada) Inc., 2014 DTC 5001 [at 6501], 2013 FCA 250

The 2002 to 2008 taxation years of the taxpayer were assessed for its failure to withhold Part XIII tax. The taxpayer (in addition to objecting...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Other Legislation/Constitution - Federal - Federal Courts Act - Section 18.5 judicial review of Minister's decision to assess is a "tool of last resort" 258

Canada v. Roitman, 2006 DTC 6514, 2006 FCA 266

In granting a motion of the Crown to strike out a Statement of Claim of the taxpayer, which sought damages against the Crown on the basis that the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Friedberg v. The Queen, 2000 DTC 6248 (FCA)

A notice of reassessment of the taxpayer for $1.3 million disclosed that figure in the refund box rather than the balance unpaid box. In finding...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Canada v. Wesbrook Management Ltd., [1997] 1 CTC 124, 96 DTC 6590

In finding that the taxpayer was not liable under s. 159(3) following the winding-up of its subsidiary for income tax liabilities of the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

The Queen v. Leung, 93 DTC 5467, [1993] 2 CTC 284 (FCTD)

A reassessment of a director in respect of the aggregate amount of source deductions which the corporation had failed to make under the Act and...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 152 - Subsection 152(3) reassessment valid notwithstanding missing particulars 84
Tax Topics - Income Tax Act - Section 227.1 - Subsection 227.1(1) 84

The Queen v. Erasmus, 92 DTC 6301, [1992] 2 CTC 21 (FCA)

Assessments which had never been successfully attacked pursuant to the Income Tax Act could not be collaterally attacked through application for a...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 164 - Subsection 164(1) 96

Lornport Investments Ltd. v. The Queen, 92 DTC 6231, [1992] 1 CTC 351 (FCA)

In rejecting an argument on behalf of the taxpayer that a reassessment which was issued beyond the time limit established by s. 152(4) was...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

The Queen v. Regina Shoppers Mall Ltd., 91 DTC 5101 (FCA)

Notwithstanding that the Minister had reassessed previous taxation years of the taxpayer on the basis that a gain had been realized by the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) 132

Thelma Arlene Greenwood and Elgin Evan Coutts, Executors and Trustees of the Estate of Sidney fireenwood, Deceased v. Her Majesty The Queen, 90 DTC 6690, [1991] 1 CTC 47 (FCTD)

A notice of assessment was not a nullity by virtue of the fact that it was issued in the name of the estate of the taxpayer, rather than in the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

The Queen v. Riendeau, 90 DTC 6076, [1990] 1 CTC 141 (FCTD), aff'd 91 DTC 5416 (FCA)

After being reassessed by the Minister, the taxpayer correctly noted in his Notice of Objection that the reassessments were based upon a repealed...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 152 - Subsection 152(1) wrong section cited 91

Lavers v. Minister of Finance of B.C., 90 DTC 6017, [1990] 1 CTC 265 (BCCA)

The taxpayers were assessed under s. 163(2), convicted under s. 239(1), and then challenged their assessments under s. 163(2) as being contrary to...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Re Norris, 89 DTC 5493, [1989] 2 CTC 185 (Ont CA)

The request of a trustee in bankruptcy for Revenue Canada working papers to back up an assessment "was fully answered by the notice of assessment."

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 165 - Subsection 165(1) 106

Guaranty Properties Ltd. v. The Queen, 87 DTC 5124, [1987] 1 CTC 242 (FCTD), rev'd 90 DTC 6363 (FCA)

The issuance of a reassessment in the name of a predecessor corporation rather than the amalgamated corporation was a defect which was not cured...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 87 - Subsection 87(1) 100

Dominion of Canada General Insurance Co. v. The Queen, 86 DTC 6154, [1986] 1 CTC 423 (FCA)

An argument in an appeal from a reassessment of the taxpayer's 1969 income tax that since a reserve should not have been claimed in 1968, the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(e) inclusion under s. 12(1)(e) of amount incorrectly deducted "under" s. 20(1)(m) 121

Stephens v. The Queen, 84 DTC 6114, [1984] CTC 111 (FCTD)

Irregularities in an assessment notice that do not either confuse or prejudice the taxpayer (such as referring to the Department of National...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

See Also

Agence du revenu du Québec v. Unidisc Musique Inc., 2021 QCCA 393

The ARQ prevailed with its position that the taxpayer’s acquisition of master recordings should be treated as the acquisition of significant...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Regulations - Schedules - Schedule II - Class 14.1 master recordings were intangible (Class 14.1) rather than tangible (Class 8) property 341
Tax Topics - Income Tax Regulations - Schedules - Schedule II - Class 8 - Paragraph 8(i) the portion of the value of master recordings that was tangible property was not demonstrated by the taxpayer 269
Tax Topics - General Concepts - Onus failure to lead evidence as to allocation meant that the taxpayer was stuck with the ARQ allocation 143

984274 Alberta Inc. v. The Queen, 2019 TCC 85, rev'd 2020 FCA 125

A reassessment made of the taxpayer beyond the normal reassessment period was void as the waiver pursuant to which it purportedly was made had...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(a) - Subparagraph 152(4)(a)(ii) reassessment made pursuant to late waiver was void 34
Tax Topics - Income Tax Act - Section 169 - Subsection 169(3) voidness of assessment against 2nd taxpayer to a settlement agreement meant that it could not be assessed under s. 169(3) 285
Tax Topics - Income Tax Act - Section 164 - Subsection 164(1) invalid reassessment could not establish a refund amount 263
Tax Topics - Income Tax Act - Section 160.1 - Subsection 160.1(1) refund made pursuant to a void reassessment was not made pursuant to the Act (and also was not a “refund” on ordinary principles) so that s. 160.1(1) unavailable 488

Pellerin v. Agence du revenu du Québec, 2017 QCCA 1339

After stating (at para. 16, TaxInterpretations transalation) that s. 1014 of the Taxation Act (similar to ITA) “provides that the burden of...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - General Concepts - Onus proof that auditors got bonuses for assessing would not change the burden of proof 139

Métaux Kitco Inc. v. ARQ and AG, 2016 QCCS 444

After finding that CRA and ARQ could not use their statutory set-off rights to set off input tax credit and input tax refund claims generated by...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Other Legislation/Constitution - Federal - Companies' Creditors Arrangement Act - Section 21 CRA precluded from setting off assessed amount for pre-CCAA filing periods against post CCAA ITC claims of taxpayer 306
Tax Topics - Excise Tax Act - Section 318 no set-off of assessment of pre-CCAA filing periods against post CCAA ITC claims 115
Tax Topics - Excise Tax Act - Section 299 - Subsection 299(3) no presumption of validity in CCAA proceedings 121

Schnier v. Canada (Attorney General), 128 O.R. (3d) 537, 2016 ONCA 5

At the time of his bankruptcy, the taxpayer had unpaid income tax assessments of $4.478 million of which$4.424 million were under appeal to the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Other Legislation/Constitution - Federal - Bankruptcy and Insolvency Act - Section 172.1 - Subsection 172.1(8) assessment under appeal is not an “amount payable” and can be classifed as unprovable 294
Tax Topics - Income Tax Act - Section 223 - Subsection 223(1) appealed assessment not an amount payable 144

Suffolk v. The Queen, 2010 DTC 1201 [at 3509], 2010 TCC 295 (Informal Procedure)

The taxpayer was assessed pursuant to a reassessment that showed the increase in her income, the corresponding amount of tax and referred to an...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

APL Oil & Gas Ltd. v. The Queen, 96 DTC 1666 (TCC)

An assessment that erroneously referred to the taxation year of the taxpayers ending on January 2, 1987 rather than December 31, 1986 was deemed...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Regime de Rentes de Gestion R.S.T. Inc. v MNR, 93 DTC 674 (TCC)

The Minister assessed the appellant for a penalty under s. 162(7) for having failed to comply with the requirement under Reg. 204(1) for a...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Leung v. MNR, 91 DTC 1020, [1991] 2 CTC 2268 (TCC), rev'd 93 DTC 5467 (FCTD)

Rip TCJ. followed the Stephens decision in finding (pp. 1026-1027) that "an assessment containing a substantial error, defect or ommision is not...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 152 - Subsection 152(1) 128

Administrative Policy

2 November 2023 APFF Roundtable Q. 13, 2023-0982941C6 F - APFF - Congrès 2023 - Table ronde sur la fiscalité

The Girardi decision (2014 QCCA 1922) stated, in connection with the Bankruptcy and Insolvency Act ("B.I.A."):

[I]f the CRA files a claim with the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Other Legislation/Constitution - Federal - Bankruptcy and Insolvency Act - Section 69 - Subsection 69(4) where a contested notice of assessment is subject to a stay, it generally must apply to the bankruptcy court for lifting the stay 380

Subsection 152(9) - Alternative basis for assessment

Cases

Mammone v. Canada, 2019 FCA 45

In December 2013, CRA purported to retroactively revoke the registration of a pension plan (the “New Plan”) to which a transfer had been made...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) CRA could not retroactively validate a reassessment made in reliance on an invalid RPP revocation by issuing a valid retroactive revocation after the normal reassessment period 371

Gramiak v. Canada, 2015 FCA 40

At issue was whether assessing tax on the amounts in issue as “benefits” pursuant to s. 146(8), rather than by reason of acquiring a...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Canada v. Global Equity Fund Ltd., 2013 DTC 5007 [5526], 2012 FCA 272

The Minister invoked the general anti-avoidance rule to reassess the taxpayer on a series of surplus-stripping transactions. The taxpayer had...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) abuse of s. 9 to recognize losses not corresponding with commercial reality 337

Toronto-Dominion Bank v. Canada, 2011 DTC 5125 [at 6061], 2011 FCA 221, [2011] 6 CTC 19

The Court of Appeal affirmed the decision at trial to allow the Minister to file a memorandum of fact and law after the hearing ended. Subsection...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

RCI Environnement Inc.(Centres de Transbordement et de Valorisation Nord-Sud Inc.) v. The Queen, 2008 DTC 4982, 2007 TCC 647, aff'd , 2009 DTC 5940, 2008 FCA 419

After reassessing the taxpayers to include receipts for termination of a non-competition agreement in their income as business income, the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition negotiated damages received for breach a non-compete were in respect of the disposition (i.e., cancellation) of the non-compete 231
Tax Topics - Income Tax Act - Section 9 - Compensation Payments negotiated lump sum received for cancellation of non-compete was for diminution in value of goodwill 61

Canada v. Honeywell Limited, 2007 DTC 5073, 2007 FCA 22

Subsection 152(9) could not be construed as allowing the Minister to make, after the expiry of the normal reassessment period, an amendment to his...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Canada v. Loewen, 2004 DTC 6321, 2004 FCA 146

The Crown was permitted to defend a reassessment it had made of the taxpayer (disallowing a portion of the taxpayer's capital cost allowance...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - General Concepts - Onus general review of the jurisprudence on onus and assumptions prior to the enactment of s. 152(9). 98

Canada v. Anchor Pointe Energy Ltd., 2003 DTC 5512, 2003 FCA 294

After the Minister had assessed predecessors of the taxpayer on the basis that amounts paid by them to purchase seismic data exceeded the fair...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

See Also

Windsor Clinical Research Inc. v. The King, 2023 TCC 179

SR&ED claims of the taxpayer for various projects had been denied. The Crown now sought to amend its Reply to allege that the work conducted was...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Other Legislation/Constitution - Federal - Tax Court of Canada Rules (General Procedure) - Section 54 the Crown or taxpayer can change the process or reasoning underlying their position 337

Keurig Canada Inc. v. Agence du revenu du Québec, 2019 QCCQ 451

The taxpayer was assessed under the Quebec general anti-avoidance rule respecting its engaging in “Quebec bump” transactions, which used Class...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Mammone v. The Queen, 2018 TCC 24, rev'd 2019 FCA 45

The CRA revocation of a registered pension plan (the “New Plan”) was invalid due to inadvertent failure to comply with the 30-day notice...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) RPP revocation beyond the normal reassessment period retroactively validated an unsupportable reassessment under s. 56(1)(a)(i) 414
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(a) - Subparagraph 152(4)(a)(i) subsequent retroactive deregistration of RPP would not establish carelessness in previous return filing 197
Tax Topics - General Concepts - Effective Date subsequent deregistration of RPP retroactively validated reassessment 239
Tax Topics - Income Tax Act - Section 147.1 - Subsection 147.1(12) subsequent deregistration of RPP beyond normal reassessment period nonetheless retroactively validated reassessment 95
Tax Topics - Income Tax Act - Section 56 - Subsection 56(1) - Paragraph 56(1)(a) - Subparagraph 56(1)(a)(i) valid assessment for transfer to an RPP that was retroactively deregistered 85

Walsh v. The Queen, 2008 DTC 3897, 2008 TCC 282

The Minister assessed the taxpayers, and confirmed the assessments, on the basis that the taxpayers did not make donations of shares to charitable...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

World Corp. v. The Queen, 2003 DTC 951, 2003 TCC 494

Counsel for the Crown did not raise a submission (that had not been pleaded) that the taxpayer was controlled, as described in subsection...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Articles

Derrick Hosanna, "Alternative Arguments on Appeal: Does Finance Get the Last Word?", Tax For The Owner Manager, Vol. 16, No. 4, October 2016, p. 3

S. 152(9) targets Last

The court's finding in Last and in the earlier cases on which Last was based – that the prohibition of an increased...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

David J. Manoochehri, "An Update on Subsection 152(9): The Minister's Alternative Basis for Assessment", Tax Litigation, Vol. X, No. 1, 2002, p. 608.