Subsection 152(4.1) - If waiver revoked
See Also
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
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 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 - 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...
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 | 57 |
Canada v. Barron, 97 DTC 5121 (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
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. ...
| 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
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) | 47 | |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(10) | 45 |
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
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 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 (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
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 |
28 January 1994 Memorandum 940050 (C.T.O. "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(4.01) - 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) | 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) | 165 | |
| Tax Topics - Statutory Interpretation - French and English Version | 115 | |
| Tax Topics - Statutory Interpretation - Legislative History | 74 |
See Also
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...
| 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 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 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 (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) | 115 | |
| Tax Topics - Income Tax Act - Section 56 - Subsection 56(4) | 124 |
Subsection 152(5) - Limitation on assessments
Cases
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) | 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. The Queen, 98 DTC 1508 (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 (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 (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) | 64 |
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
Greene v. MNR, 95 DTC 5078 (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 - Federal - Federal Court Act - Section 18.5 | 133 |
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 |
Administrative Policy
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...
Subsection 152(7) - Assessment not dependent on return or information
Cases
Morrow v. The Queen, 92 DTC 6380 (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 indication of reserve claimed in previous sale year | 128 |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(n) | taxpayer did not object to Minister deducting reserve | 157 |
| Tax Topics - Treaties - Article 7 | 98 |
See Also
Deneschuk Building Supplies Ltd. v. The Queen, 96 DTC 1467 (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) | 151 | |
| Tax Topics - Income Tax Act - Section 166 | 30 |
Administrative Policy
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
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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Other Legislation - Federal - Federal Court 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...
The Queen v. Westbrook Management Ltd., 96 DTC 6590 (FCA)
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) | 82 |
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 | 43 |
The Queen v. Leung, 93 DTC 5467 (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 | 82 |
| Tax Topics - Income Tax Act - Section 227.1 - Subsection 227.1(1) | 82 |
The Queen v. Erasmus, 92 DTC 6301 (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) | 90 |
Lornport Investments Ltd. v. The Queen, 92 DTC 6231 (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) | 28 |
Her Majesty 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 (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 | 83 |
Lavers v. Minister of Finance of B.C., 90 DTC 6017 (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 Act, 1982 - Paragraph 11(h) | 199 |
Re Norris, 89 DTC 5493 (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) | 94 |
Guaranty Properties Ltd. v. The Queen, 87 DTC 5124, [1987] 1 CTC 242, 87 DTC 5124 (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 of amount incorrectly deducted | 104 |
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
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 - 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 | 284 |
| Tax Topics - Excise Tax Act - Section 318 | no set-off of assessment of pre-CCAA filing periods against post CCAA ITC claims | 113 |
| Tax Topics - Excise Tax Act - Section 299 - Subsection 299(3) | no presumption of validity in CCAA proceedings | 119 |
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 - 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 | 268 |
| Tax Topics - Income Tax Act - Section 223 - Subsection 223(1) | appealed assessment not an amount payable | 130 |
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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(a) | 110 |
Leung v. MNR, 91 DTC 1020 (TCC)
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) | 116 |
Subsection 152(9) - Alternative basis for assessment
Cases
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...
| 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 | 333 |
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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Transitional Provisions | 163 | |
| Tax Topics - Income Tax Act - Section 112 - Subsection 112(3) | 174 | |
| Tax Topics - Income Tax Act - Section 248 - Subsection 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 | 62 | |
| Tax Topics - Income Tax Act - Section 9 - Compensation Payments | 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 | 115 |
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
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...