Administrative Policy
21 April 2015 Internal T.I. 2014-0560811I7 - FACL carryback Surplus & PAS election
A Reg. 5901(2)(b) election, to have a dividend treated as paid out of pre-acquisition surplus, must be made by the filing-due date for the taxation year in question, even where CRA subsequently assesses the year in question so as to change the relevant surplus balances.
See summary under Reg. 5901(2)(b).
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 220 - Subsection 220(3.2) | no relief for late-filed Reg. 5901(2)(b) election | 54 |
| Tax Topics - Income Tax Regulations - Regulation 5901 - Subsection 5901(2) - Paragraph 5901(2)(b) | no relief for late-filed Reg. 5901(2)(b) election | 172 |
| Tax Topics - Income Tax Regulations - Regulation 5903.1 - Subsection 5903.1(1) | FACL carryback from transitional year | 154 |
| Tax Topics - Income Tax Regulations - Regulation 5907 - Subsection 5907(1) - Net Earnings | surplus pools are not to be retroactively adjusted for a FACL carryback | 171 |
14 May 2015 CLHIA Roundtable, 2015-0573861C6 - 2015 CLHIA Roundtable-Regulation 2411(3)(a)election
Can an insurer elect under Reg. 2411(3)(a) subsequently to filing its income tax return? CRA responded:
There is no specific provision for the acceptance of a late filed election under paragraph 2411(3)(a)… .
The court cases and the Rulings opinions…[respecting] late filed designations under paragraph 55(5)(f) or subsection 104(13.1)… can be distinguished from an election under the Act. … Administratively, there is no requirement that the CRA extend the taxpayer relief provisions to elections other than those listed in section 600 of the Regulations.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Regulations - Regulation 2411 - Subsection 2411(3) - Paragraph 2411(3)(a) | 89 |