Subsection 164(1.2)
Cases
Canada (National Revenue) v. 0741449 B.C. Ltd., 2016 FC 530
An individual (“Consiglio”) his wife was the sole director and shareholder of the respondent corporation, whose assets consisted of several...
Subsection 164(1) - Refunds
Cases
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...
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| Tax Topics - Income Tax Act - Section 221.2 - Subsection 221.2(1) | 185 |
Twentieth Century Fox Film Corp. v. MNR, 2001 DTC 5125 (FCTD)
The taxpayer had filed income tax returns reporting Part XIV tax payable, its returns were assessed as filed, and it did not file Notices of...
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| Tax Topics - Income Tax Act - Section 219 - Subsection 219(2) | 56 |
See Also
The Queen v. Erasmus, 92 DTC 6301 (FCA)
Pratte J.A. stated (pp. 6304-6305):
"Until an assessment is made, therefore, a court may not order the refund of the sums paid as income tax...
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| Tax Topics - Income Tax Act - Section 152 - Subsection 152(8) | 37 |
Beryl Mary Hughes v. Her Majesty The Queen, 91 DTC 5290, [1991] 1 CTC 492 (FCTD)
The taxpayer filed tax returns beyond the time period referred to in s. 164(1)(b) seeking a refund of a portion of the source deductions remitted...
Administrative Policy
15 June 2015 Internal T.I. 2015-0583081I7 - Refund Request - Normal Reassessment Period
In clarifying the indication in 2012-0468081I7 that "where a refund request is based on issues that are covered by a valid waiver, a refund may be...
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| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(a) - Subparagraph 152(4)(a)(ii) | inferring refund request from waiver | 147 |
18 November 2014 TEI Roundtable, Q. E.4
Where a corporation has been formally dissolved and has an "overpayment," the CRA may refuse to issue a refund, whereas if it has a a balance of...
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| Tax Topics - Income Tax Act - Section 88 - Subsection 88(1) | refund re dissolved sub | 102 |
CBAO National Commodity Tax, Customs and Trade Section – 2014 GST/HST Questions for Revenue Canada, Q. 7
It appears that these refunds are being withheld when an audit is about to take place even if the returns have been filed and duly paid. Is this...
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| Tax Topics - Excise Tax Act - Section 229 - Subsection 229(1) | discretion to delay refund if pending audit | 106 |
5 November 2014 External T.I. 2014-0538901E5 - Refund Sought/Notices of Objection, ss. 164(1)
A non-resident corporation, which had not filed any T2 returns (notwithstanding having been subject to Reg. 105 withholding), was assessed under...
15 March 2013 Internal T.I. 2012-0468081I7 - Paragraph 164(1)(b)
Does s. 164(1)(b) permit a refund to be made where a taxpayer has filed a valid waiver to allow a reassessment beyond the normal reassessment...
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| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(a) - Subparagraph 152(4)(a)(ii) | refund request not related to issues in waiver issues | 119 |
8 October 2008 Internal T.I. 2008-0269581I7 - statute-barred refund
The corporate taxpayer requested that CRA exercise its discretion under any of ss. 220(2.1), 220(3) and 221.2(1) to refund an overpayment where...
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| Tax Topics - Income Tax Act - Section 164 - Subsection 164(1.5) | "may" establishes CRA discretion | 128 |
| 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 |
| Tax Topics - Income Tax Act - Section 221.2 - Subsection 221.2(1) | request to re-appropriate | 88 |
7 June 2012 Internal T.I. 2012-0435561I7 - Refunds on Post-Bankruptcy Returns
An individual becomes a bankrupt part-way through a year. In his return for his post-bankruptcy part year (commencing under s. 128(2)(d)(i) on...
Subsection 164(1.1) - Repayment on objections and appeals
Cases
Topol v. MNR, 2003 DTC 5343 (FCTD)
Layden Stevenson J. found that the correct standard of judicial review under s. 18.1 of the Federal Court Act of a decision of the Minister under...
Subsection 164(1.5) - Exception
Administrative Policy
8 October 2008 Internal T.I. 2008-0269581I7 - statute-barred refund
In disagreeing with the taxpayer's submission "that subsection 164(1.5) is not really a discretionary provision but essentially gives individuals...
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|---|---|---|
| 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 |
| Tax Topics - Income Tax Act - Section 221.2 - Subsection 221.2(1) | request to re-appropriate | 88 |
Subsection 164(2) - Application to other debts
Administrative Policy
18 July 2013 External T.I. 2013-0483031E5 - Applying Income Tax Refund to Security for GST
In indicating that a non-resident's failure to post security under s. 240(6) of the ETA did not create a liability so that subsection 164(2) of...
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| Tax Topics - Income Tax Act - Section 164 - Subsection 164(2.01) | 68 |
27 September 2011 Internal T.I. 2010-0389171I7 - Reassessment of a Bankrupt Taxpayer
After the taxpayer's return for 2006 was assessed on April 27, 2007 on a basis that showed a refund was owing to the taxpayer for that year, the...
85 C.R. - Q.32
Although s. 164(2) does not apply to the request of a taxpayer, RC will honour a taxpayer's request to transfer an overpayment to a subsequent...
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| Tax Topics - Income Tax Act - Section 161 - Subsection 161(2) | 34 |
Subsection 164(2.01) - Withholding of refunds
Administrative Policy
18 July 2013 External T.I. 2013-0483031E5 - Applying Income Tax Refund to Security for GST
After noting that in order to post security pursuant to 240(6) of the ETA, a non-registrant is required to complete and return Form GST 114...
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| Tax Topics - Income Tax Act - Section 164 - Subsection 164(2) | 70 |
Subsection 164(3) - Interest on refunds and repayments
Cases
Imperial Oil Resources Ventures Limited v. Canada (Attorney General), 2014 DTC 5113 [at 7275], 2014 FC 839
In response to an increase in royalty charges by the Albertan government for the rights to oil sands, the federal government issued the Syncrude...
Portage Tax Services v. The Queen, 82 DTC 6104, [1982] CTC 95 (FCTD)
The overpayments on which interest runs include rights to refunds which a discounter has acquired pursuant to the Tax Rebate Discounting Act, and...
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| Tax Topics - Other Legislation - Federal - Crown Liability and Proceedings Act - Paragraph 3(a) | 41 |
Administrative Policy
IT-155R3 "Exemption from Non-resident Tax on Interest Payable on Certain Bonds, Debentures, Notes, Hypothecs or Similar Obligations"
The exemption in s. 212(1)(b)(ii)(C) is not applicable to refund interest.
Subsection 164(3.1) - Idem [Interest on refunds and repayments]
Cases
Interprovincial Steel and Pipe Corp. v. The Queen, 86 DTC 6583, [1986] 2 CTC 473 (FCA)
Prior to the enactment of s. 164(3.1), there was no basis for the Minister to collect interest in the circumstances described therein.
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| Tax Topics - Income Tax Act - Section 152 - Subsection 152(1) | 30 |
Subsection 164(4.1) - Duty of Minister
Cases
Trzop v. Canada, 2002 DTC 6728, 2001 FCA 380
The taxpayer had acquired debt with a nominal adjusted cost base to it and successfully argued before the Supreme Court of Canada that subsequent...
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| Tax Topics - General Concepts - Evidence | 74 | |
| Tax Topics - Income Tax Act - Section 54 - Adjusted Cost Base | 68 |
Indalex Ltd. v. The Queen, 86 DTC 6598, [1986] 2 CTC 482 (FCA)
The issuance of a fresh reassessment by the Minister pursuant to s. 164(4.1)(d) does not have the effect of nullifying the assessment from which...
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| Tax Topics - Statutory Interpretation - Interpretation Act - Subsection 45(2) | 31 |
See Also
Hagedorn v. The Queen, 95 DTC 288 (TCC)
The Tax Court could not consider the appeal of the taxpayer from a reassessment of the Minister made pursuant to s. 164(4.1) given that such...
Subsection 164(6) - Where disposition of property by legal representative of deceased taxpayer
Administrative Policy
S4-F8-C1 - Business Investment Losses
1.71 ... Where an estate realizes a business investment loss in its first tax year, the legal representative of the estate may elect under...
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Small Business Corporation | "substantially" and "principally" | 38 |
| Tax Topics - Income Tax Act - Section 50 - Subsection 50(1) | End of year references taxpayer | 343 |
| Tax Topics - Income Tax Act - Section 50 - Subsection 50(1.1) | 247 | |
| Tax Topics - Income Tax Act - Section 50 - Subsection 50(1) - Paragraph 50(1)(a) | Proactive collection efforts | 157 |
| Tax Topics - Income Tax Act - Section 40 - Subsection 40(2) - Paragraph 40(2)(g) - Subparagraph 40(2)(g)(ii) | connection between loan and income-producing purpose | 320 |
| Tax Topics - Income Tax Act - Section 39 - Subsection 39(9) | Example | 182 |
2015 Ruling 2015-0569891R3 - Ss. 164(6) carry-back and post-mortem pipeline
One of the beneficiaries (“Child 2”), of a Canadian estate holding stepped-up (per s. 70(5)) shares of A Co (a Canadian portfolio investment...
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| Tax Topics - Income Tax Act - Section 84 - Subsection 84(2) | proceeds of share redemption (generating s. 164(6) carryback) allocated to U.S. beneficiary before pipeline for Cdn beneficiaries | 711 |
12 February 2013 Internal T.I. 2012-0437211I7 F - NRT rules and subsection 164(6)
The estate of an individual, who was resident in Canada for more than 60 months, was deemed to be resident in Canada under s. 94. At the time of...
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| Tax Topics - Income Tax Act - Section 54 - Personal-Use Property | 112 | |
| Tax Topics - Income Tax Act - Section 94 - Subsection 94(3) - Paragraph 94(3)(a) | 303 |
25 February 2004 External T.I. 2004-005668
"When the total of the capital losses that are the subject of an election under subsection 164(6) and capital losses otherwise realized by the...
15 May 1995 T.I. 950724 (C.T.O. "NR Estate - is 164(6) Limited to 'Tax Cnd Pty'?")
Where an estate is a non-resident of Canada, only a capital loss arising on the disposition of taxable Canadian property is eligible for carryback...
Halifax Round Table, February 1994, Q. 27
RC will accept a T1 Adjustment Request to amend the terminal year T1 return in order to deduct a capital loss incurred by the deceased taxpayer's...
30 November 1993 T.I. 932296 (C.T.O. "Executor's Year-Loss Carryback to Year of Debt Return")
Re whether prior to (1) the anniversary of the death of the deceased and (2) the winding-up of the estate, the executor has the right to wind-up a...
24 November 1993 Internal T.I. 7-932553
Discussion of when shares are capital property of the estate as opposed to the beneficiaries, including a finding that a flow-through of dividends...
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| Tax Topics - General Concepts - Ownership | 39 | |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | 93 |
91 C.R. - Q.42
If a capital loss is deemed to be nil as a result of s. 85(4), there is no capital loss to which the rules in s. 164(6) are applicable.
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| Tax Topics - Income Tax Act - Section 85 - Subsection 85(4) | 31 |
January 4 1991 T.I. (Tax Window, No. 2, p. 7, ¶1182)
The phrase "notwithstanding any other provision of this Act" does not exclude the application of s. 85(4) or similar stop-loss rules. Accordingly,...
12 September 1990 T.I. (Tax Window, Prelim. No. 1, p. 21, ¶1014)
Where property is held in joint tenancy and one of the joint tenants dies, the surviving joint tenant is not entitled to make the election under...
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | 26 |
IT-484R "Business Investment Losses" under "Deceased Taxpayers"
Where the estate realizes a business investment loss in its first taxation year, an election under s. 164(6)(c) may be utilized to have it...
Articles
Chris Falk, Stefanie Morand, "Current Issues Forum: Pipeline Planning; Subsection 164(6) Circularity Issue; Eligible Dividend Designations", 2012 Ontario Tax Conference of Canadian Tax Foundation
Interaction of Subsections 40(3.6), 40(3.61) and 164(6) — the "Circularity" Issue
As discussed in more detail in the Moraitis/Kakkar Article,...
David Louis, "164(6) - This Time in Context", Tax Topics No. 1595, 3 October 2002, p. 1.
Subsection 164(6.1) - Realization of deceased employees’ options
Administrative Policy
16 June 2014 STEP Roundtable, 2014-0523011C6 - STEP Roundtable 2014-7(1)(e)
After noting that s. 7(1)(e) did not apply if a deceased employee held unvested stock options because such options had no value immediately after...
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| Tax Topics - Income Tax Act - Section 7 - Subsection 7(1) - Paragraph 7(1)(e) | nil valuation of unvested options | 99 |
30 October 2012 Ontario CTF Roundtable Q. 14, 2012-0462941C6 - 2012 Ontario CTF Q14 - Circularity with 164(6)
The query noted that when an estate elects under subsection 164(6) to apply a capital loss to the terminal return of the deceased, it is possible...
21 December 2012 Internal T.I. 2009-0327221I7 - Paragraph 7(1)(e) - Death of a Taxpayer
After noting that a deceased employee would be deemed under s. 7(1)(e) to dispose of unexercised stock options at fair market value on death, and...
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| Tax Topics - Income Tax Act - 101-110 - Section 110 - Subsection 110(1) - Paragraph 110(1)(d) | 75 | |
| Tax Topics - Income Tax Act - Section 164 - Subsection 164(6.4) | 99 | |
| Tax Topics - Income Tax Act - Section 54 - Capital Property | 105 | |
| Tax Topics - Income Tax Act - Section 69 - Subsection 69(1) - Paragraph 69(1)(c) | FMV basis for stock options received by estate | 105 |
| Tax Topics - Income Tax Act - Section 7 - Subsection 7(1) - Paragraph 7(1)(e) | 99 |
Subsection 164(6.4)
Administrative Policy
21 December 2012 Internal T.I. 2009-0327221I7 - Paragraph 7(1)(e) - Death of a Taxpayer
CRA stated:
Where an employee stock option provides that the option is automatically cancelled on death of an employee, the value of the option...
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| Tax Topics - Income Tax Act - 101-110 - Section 110 - Subsection 110(1) - Paragraph 110(1)(d) | 75 | |
| Tax Topics - Income Tax Act - Section 164 - Subsection 164(6.1) | 223 | |
| Tax Topics - Income Tax Act - Section 54 - Capital Property | 105 | |
| Tax Topics - Income Tax Act - Section 69 - Subsection 69(1) - Paragraph 69(1)(c) | FMV basis for stock options received by estate | 105 |
| Tax Topics - Income Tax Act - Section 7 - Subsection 7(1) - Paragraph 7(1)(e) | 99 |
Subsection 164(7)
Cases
Imperial Oil Resources Limited v. Canada (Attorney General), 2016 FCA 139
In response to an increase in royalty charges by the Albertan government for the rights to oil sands, the federal government issued the Syncrude...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 171 - Subsection 171(1) | Tax Court has no jurisdiction to hear an appeal on the computation of refund interest | 347 |
See Also
McMillen Holdings Ltd. v. MNR, 87 DTC 585 (TCC)
The taxpayer, which had received a dividend refund, for its taxation year ended July 31, 1982, on August 22, 1983, appealed to the Tax Court...
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| Tax Topics - Income Tax Act - Section 171 - Subsection 171(1) | no jurisdiction to order payment of refund interest | 325 |