6 October 2017 APFF Roundtable Q. 10, 2017-0709081C6 F - Election to treat excess as separate dividend
If following, a request for confirmation by CRA of the CDA balance, a capital dividend is paid based on such confirmation, is an assessment of the capital dividend under Part III statute-barred? CRA responded:
[S]ubsection 185(3) provides, inter alia, that subsection 152(4) applies to Part III, with such modifications as the circumstances require. ...
Consequently, where a situation does not involve a misrepresentation of the facts through negligence, carelessness or willful default or fraud, and where there has been no waiver in the prescribed form, the Minister would not be able to issue a notice of reassessment in respect of tax under Part III after the normal reassessment period as defined in subsection 152(3.1). This normal reassessment period would be calculated by taking into account the date of the first notice of assessment issued in respect of the Part III tax, if any, in respect of the election made under subsection 83(2).
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|Tax Topics - Income Tax Act - Section 184 - Subsection 184(3)||elected-upon amount is retroactively deemed as income even if it is still unpaid||245|