Administrative Policy
6 October 2022 Internal T.I. 2021-0911541I7 - Subsection 227(6) refund of Part XIII tax
CRA reassessed a Canadian-resident discretionary personal trust to deny the s. 104(6) deduction it claimed for income it had distributed to a...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 227 - Subsection 227(6) | CRA has no discretion to extend the 2-year refund application deadline under s. 227(6) | 205 |
| Tax Topics - Income Tax Act - Section 227 - Subsection 227(10.1) | s. 227(10.1) cannot be used to extend the period for applying for a Pt. XIII tax refund | 268 |
20 November 2017 CTF Annual Conference - CRA Panel on Issues in the Administration and Enforcement of the ITA, Q.10
Is the CRA amenable to revisiting T2 reappropriation in light of Cybernius Medical and Pomeroy’s Masonry?
CRA noted that after a significant...
18 July 2013 External T.I. 2012-0463421E5 - Section 221.2
A Canadian resident subsidiary over-withheld Part XIII tax on dividends paid to its non-resident parent, and did not discover this error until...
4 March 2011 External T.I. 2010-0384921E5 - Overpayment of tax.
a corporation, which had unused SRED credits for its 2007 taxation year, carried those credits back to its 2004 taxation year along with...
Subsection 221.2(1) - Re-appropriation of amounts
Cases
Referred Realty Inc. v. Canada (Attorney General), 2018 FC 59
Incompetent record keeping by the office administrator came to light when the taxpayer’s accountants were preparing to file its T2 for the...
Cybernius Medical Ltd. v. Canada (Attorney General), 2017 FC 226
The applicant (“Cybernius”) did not file income tax returns for its 2003-2005 taxation years and, in 2006, was assessed by the Minister for...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 225.1 - Subsection 225.1(2) | valid notice of objection was still outstanding: garnishment amount to be returned | 405 |
Clover International Properties Ltd. v. Canada (AG), 2013 DTC 5116 [at 6132], 203 FC 676
The taxpayer had an overpayment of tax in its 1996 taxation year, and did not file its T2 return within three years of the end of 1996. Although...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 164 - Subsection 164(1) | 189 |
Administrative Policy
8 September 2014 External T.I. 2013-0482991E5 - 15(2) and related provisions
Debtco, a non-resident corporation which is connected to the non-resident wholly-owning parent (Parentco) of Canco, is indebted to Canco. Debtco...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.11) | novation of pre-2012 loan | 170 |
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.6) | assignment of debt not its repayment | 163 |
8 October 2008 Internal T.I. 2008-0269581I7 - statute-barred refund
The corporate taxpayer requested that CRA exercise its discretion under 221.2(1) to appropriate the overpayment to a balance owing within the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 164 - Subsection 164(1.5) | "may" establishes CRA discretion | 128 |
| Tax Topics - Income Tax Act - Section 164 - Subsection 164(1) | request to extend filing deadline or re-appropriate | 106 |
| Tax Topics - Income Tax Act - Section 220 - Subsection 220(2.1) | request to extend filing deadline | 70 |
| Tax Topics - Income Tax Act - Section 220 - Subsection 220(3) | request to extend filing deadline | 70 |
Subsection 221.2(2)
Cases
Forbes Painting and Decorating Ltd. v. Canada (Attorney General), 2019 FC 160
The taxpayer (Forbes) failed to file corporate income tax returns for its 2006 and 2007 years based on an alleged understanding that this was not...
Pomeroy’s Masonry Limited v. Canada (Attorney General), 2017 FC 952
For its 2006 to 2010 taxation years, the Applicant did not file corporate tax returns, resulting in assessments under s. 152(7), which CRA then...