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...
| 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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(b) | s. 152(4)(b)(i) permits more than one reassessment within the extended period | 165 |
| Tax Topics - Statutory Interpretation - French and English Version | 115 | |
| Tax Topics - Statutory Interpretation - Legislative History | 74 |
See Also
Rio Tinto Alcan Inc. v. The Queen, 2017 TCC 67
The reassessment in question of the taxpayer (RTA) for its 2006 taxation year was followed by a further reassessment (made within the...
| 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 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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(a) - Subparagraph 152(4)(a)(i) | misrepresentation must be in return | 161 |
| Tax Topics - Income Tax Regulations - Regulation 8502 - Paragraph 8502(a) | 320 |
Fagan v. The Queen, 2012 DTC 1139 [at 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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 66 - Subsection 66(12.73) | 226 |
Fietz v. The Queen, 2011 DTC 1351 [at 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...
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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(a) - Subparagraph 152(4)(a)(ii) | 145 |
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...
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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 56 - Subsection 56(2) | 117 | |
| Tax Topics - Income Tax Act - Section 56 - Subsection 56(4) | 126 |
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...
| 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...
| 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)...
| 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)...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 244 - Subsection 244(14) | 126 |
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....
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...
| 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...
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...
| 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 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...
| 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 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...
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...
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...
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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Legal and other Professional Fees | 61 |
Barron v. Minister of National Revenue, 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...
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...
| 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 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. ...
| 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
5 September 2024 External T.I. 2024-1022711E5 - Donations by a Spouse
CRA confirmed that an individual could claim (within the 5-year carryforward period from the year of the donation, in years in which she was...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(1) - Total Charitable Gifts - Paragraph (c) - Subparagraph (c)(i) - Clause (c)(i)(A) | an individual can claim unclaimed donations made by her spouse before marriage (going 5 years’ back) | 163 |
| Tax Topics - Income Tax Act - Section 251 - Subsection 251(6) - Paragraph 251(6)(b) | spousal status tested at the time that spouse used her husband’s unclaimed donations | 51 |
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...
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:
...
| 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...
| 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...
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...
| 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...
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...
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...
| 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,...
| 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...
| 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...
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...
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...
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...
| 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...
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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 165 - Subsection 165(1.1) | 207 | |
| Tax Topics - Statutory Interpretation - Resolving Ambiguity | 78 |
See Also
Blackburn Radio Inc. v. The Queen, 2012 DTC 1213 [at 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...
| 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...
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...
| 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...
| 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”). ...
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...
Subsection 152(4.4)
Subsection 152(5) - Limitation on assessments
Cases
TPine Leasing Capital Corporation v. Canada, 2024 FCA 83
Webb JA noted in various places (e.g., para. 57) that the result of the Minister raising a new argument in accordance with s. 152(9) cannot be to...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(a) - Subparagraph 152(4)(a)(i) | misrepresentation attributable to neglect was unlikely where the challenged reporting was consistent with the initial basis of CRA’s assessment | 200 |
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(9) | it is unclear whether revised s. 152(9) precludes CRA from advancing a further argument based on a different transaction | 447 |
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(1) | CRA must assess “in accordance with the facts and the law” | 67 |
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...
| 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...
| 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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Rectification & Rescission | consequential reassessment permitted under s. 152(5) | 63 |
Stone Container (Canada) Inc. v. R., 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,...
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):
"......
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...
| 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...
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...
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...
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...
| 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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Other Legislation/Constitution - Federal - Federal Courts Act - Section 18.5 | 139 |
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...
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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Leases and Licences | 44 |
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...
| 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...
| 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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 111 - Subsection 111(8) - Non-Capital Loss | 53 |
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...
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...
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...
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...
| 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...
| 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)....
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 125 - Subsection 125(3) | 155 | |
| Tax Topics - Income Tax Act - Section 166 | 32 |
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...
| 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...
| 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...
| 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...
| 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...
| 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...
| 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 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...
| 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...
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...
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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 159 - Subsection 159(3) | 84 |
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...
| 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...
| 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, [1992] 1 CTC 354 (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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(c) | 30 |
The Queen v. Regina Shoppers Mall Ltd., 91 DTC 5101, [1991] 1 CTC 297 (FCA)
Notwithstanding that the Minister had reassessed previous taxation years of the taxpayer on the basis that a gain had been realized by the...
| 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 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...
| 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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Other Legislation/Constitution - Charter (Constitution Act, 1982) - Paragraph 11(h) | 201 |
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...
| 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...
| 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...
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...
| 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...
| 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...
| 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...
| 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...
| 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 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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(a) | 110 |
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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Statutory Interpretation - Interpretation Act - Section 12 | 47 |
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...
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...
| 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...
| 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
TPine Leasing Capital Corporation v. Canada, 2024 FCA 83
The original Crown Reply had stated that the Minister had assessed the 2015 return of the taxpayer (TPine) to disallow a deduction for capital...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(a) - Subparagraph 152(4)(a)(i) | misrepresentation attributable to neglect was unlikely where the challenged reporting was consistent with the initial basis of CRA’s assessment | 200 |
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(1) | CRA must assess “in accordance with the facts and the law” | 67 |
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(5) | new basis for assessment cannot increase tax | 32 |
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...
| 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...
Canada v. Global Equity Fund Ltd., 2013 DTC 5007 [at 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...
| 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 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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Transitional Provisions and Policies | 163 | |
| Tax Topics - Income Tax Act - Section 112 - Subsection 112(3) | 174 | |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(10) | "series of transactions" must be pre-ordained absent s. 248(10) | 123 |
| Tax Topics - Statutory Interpretation - Ordinary Meaning | clear wording | 80 |
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...
| 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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4.01) | 217 |
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...
| 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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Onus | 60 | |
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(5) | objection does not extend normal reassessment period | 246 |
| Tax Topics - Income Tax Act - Section 165 - Subsection 165(5) | 246 |
See Also
Autonum, Solutions de financement aux consommateurs inc. v. Agence du revenu du Québec, 2024 QCCQ 1195
After speaking with counsel for the ARQ about three weeks before the scheduled trial date, the ARQ auditor concluded that Autonun should have been...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Excise Tax Act - Section 298 - Subsection 298(6.1) | request to change the basis of the ARQ assessments from s. 168(9) to s. 182 (ETA equivalents) was rejected | 314 |
| Tax Topics - Excise Tax Act - Section 182 - Subsection 182(1) | ss. 182 and 168(9) “are conceptually different and lead to different results” | 53 |
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...
| 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...
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...
| 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...
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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Fair Market Value - Other | 184 | |
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) | 184 |
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...