I-3 - Taxation Act

Section 1010 Disposition versions

2023-03-15

1010. (1)  The Minister may at any time determine the tax, interest and penalties payable under this Part, or give notice in writing to any taxpayer who filed a fiscal return for a taxation year that no tax is payable for that taxation year.

(2)  The Minister may also redetermine the tax, interest and penalties payable under this Part and make a reassessment or an additional assessment, as the case may be,

(a)  within three years after the day of sending of an original assessment or of a notice that no tax is payable for a taxation year or the day on which a fiscal return for the taxation year is filed, whichever is later;

(a.0.1)  within four years after the later day referred to in paragraph a if, at the end of the taxation year concerned, the taxpayer is a mutual fund trust or a corporation other than a Canadian-controlled private corporation;

(a.1)  within six years after the later day referred to in paragraph a or, in the case of a taxpayer referred to in paragraph a.0.1, within seven years after that day, where

i.  a redetermination of the taxpayer’s tax by the Minister is required in accordance with section 1012 or 1012.2 or would have been required if the taxpayer had claimed an amount under that section within the prescribed time limit,

ii.  as a consequence of a redetermination of another taxpayer’s tax in accordance with this paragraph or section 1012, there is reason to redetermine the taxpayer’s tax for any relevant taxation year,

iii.  a redetermination of the taxpayer’s tax would be made by the Minister, but for the expiration of the time limit prescribed in paragraph a, as a consequence of an additional payment of any income or profits tax to, or a reimbursement of any such tax by, the government of a foreign country or a political subdivision of a foreign country,

iv.  a redetermination of the taxpayer’s tax is required to be made as a consequence of a reduction under section 359.15 of an amount purported to be renounced by the corporation under any of the sections referred to in that section,

v.  a redetermination of the taxpayer’s tax is required to be made in order to give effect to the application of sections 752.0.10.10.1 and 752.0.10.18,

vi.  a redetermination of the taxpayer’s tax is required to be made as a consequence of a transaction, within the meaning of the first paragraph of section 1082.3, involving the taxpayer and a person not resident in Canada with whom the taxpayer was not dealing at arm’s length,

vi.1.  a redetermination of the taxpayer’s tax is required to be made in respect of any income, loss or other amount in relation to a foreign affiliate of the taxpayer,

vii.  a redetermination of the taxpayer’s tax is required to be made, if the taxpayer is not resident in Canada and carries on a business in Canada, as a consequence of an allocation by the taxpayer of revenues or expenses as amounts in respect of the Canadian business, other than revenues or expenses that relate solely to the Canadian business, that are recorded in the books of account of the Canadian business, and the documentation in support of which is kept in Canada, or a notional transaction between the taxpayer and its Canadian banking business, where the transaction is recognized for the purposes of the computation of an amount under this Act or an applicable tax agreement; or

viii.  a redetermination of the taxpayer’s tax is required to give effect to the application of any of Chapters VI to VI.2 of Title X of Book III; and

(a.1.1)  within nine years after the later day referred to in paragraph a or, in the case of a taxpayer referred to in paragraph a.0.1, within ten years after that day, where

i.  a redetermination of the taxpayer’s tax was required to be made by the Minister in accordance with section 1012, or should have been so made if the taxpayer had claimed an amount under that section within the prescribed time limit, in order to take into account a deduction claimed under sections 727 to 737 in respect of a loss for a subsequent taxation year,

ii.  a redetermination of the taxpayer’s tax was made, or a notification that no tax is payable was issued to the taxpayer, for the subsequent taxation year referred to in subparagraph i, after the period referred to in paragraph a or a.0.1 of subsection 2 in respect of the subsequent taxation year as a consequence of a transaction involving the taxpayer and a person not resident in Canada with whom the taxpayer was not dealing at arm’s length, and

iii.  the tax redetermination or the notification, referred to in subparagraph ii, reduced the amount of the loss for the subsequent taxation year;

(a.2)  within three years after the day on which the information return described in section 1079.7 is filed, in relation to a claim or deduction made by the taxpayer in respect of a tax shelter, if that information return is not filed in the manner and within the time specified; and

(b)  at any time, if the taxpayer or the person who filed the return

i.  has made a misrepresentation that is attributable to negligence or wilful default or has committed any fraud in filing the return or in supplying any information provided for in this Part, or

ii.  has filed with the Minister a waiver in the prescribed form.

(2.1)  In addition, the Minister may redetermine the tax, interest and penalties payable by the taxpayer under this Part for a taxation year for which tax consequences under this Part result from the fact that a redetermination of the taxpayer’s tax must be made by the Minister in accordance with section 1012, as a consequence of the application of paragraph g or h of section 1012.1, in relation to a taxation year referred to in the first or second paragraph of section 1012.1.1, and, despite paragraph a.1 of subsection 2, make a reassessment or an additional assessment beyond the period referred to in that paragraph a.1.

(3)  However, the Minister may, under any of paragraphs a.1, a.1.1 and a.2 of subsection 2 or subsection 2.1, make a reassessment or an additional assessment beyond the period referred to in paragraph a or a.0.1 of subsection 2 only to the extent that the reassessment or additional assessment may reasonably be regarded as relating to the tax redetermination referred to in that paragraph a.1 or subsection 2.1, to the reduction referred to in subparagraph iii of that paragraph a.1.1 or to the claim or deduction referred to in that paragraph a.2, as the case may be.

1972, c. 23, s. 740; 1982, c. 5, s. 179; 1985, c. 25, s. 146; 1986, c. 15, s. 171; 1990, c. 7, s. 144; 1990, c. 59, s. 341; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1997, c. 86, s. 1; 2000, c. 5, s. 240; 2001, c. 7, s. 140; 2004, c. 4, s. 9; 2004, c. 8, s. 177; 2005, c. 23, s. 137; 2011, c. 34, s. 62; 2015, c. 24, s. 130; 2015, c. 36, s. 68; I.N. 2016-01-01 (NCCP); 2021, c. 14, s. 117; 2021, c. 36, s. 99; 2023, c. 2, s. 33.

2021-12-10

1010. (1)  The Minister may at any time determine the tax, interest and penalties payable under this Part, or give notice in writing to any taxpayer who filed a fiscal return for a taxation year that no tax is payable for that taxation year.

(2)  The Minister may also redetermine the tax, interest and penalties payable under this Part and make a reassessment or an additional assessment, as the case may be,

(a)  within three years after the day of sending of an original assessment or of a notice that no tax is payable for a taxation year or the day on which a fiscal return for the taxation year is filed, whichever is later;

(a.0.1)  within four years after the later day referred to in paragraph a if, at the end of the taxation year concerned, the taxpayer is a mutual fund trust or a corporation other than a Canadian-controlled private corporation;

(a.1)  within six years after the later day referred to in paragraph a or, in the case of a taxpayer referred to in paragraph a.0.1, within seven years after that day, where

i.  a redetermination of the taxpayer’s tax by the Minister is required in accordance with section 1012 or 1012.2 or would have been required if the taxpayer had claimed an amount under that section within the prescribed time limit,

ii.  as a consequence of a redetermination of another taxpayer’s tax in accordance with this paragraph or section 1012, there is reason to redetermine the taxpayer’s tax for any relevant taxation year,

iii.  a redetermination of the taxpayer’s tax would be made by the Minister, but for the expiration of the time limit prescribed in paragraph a, as a consequence of an additional payment of any income or profits tax to, or a reimbursement of any such tax by, the government of a foreign country or a political subdivision of a foreign country,

iv.  a redetermination of the taxpayer’s tax is required to be made as a consequence of a reduction under section 359.15 of an amount purported to be renounced by the corporation under any of the sections referred to in that section,

v.  a redetermination of the taxpayer’s tax is required to be made in order to give effect to the application of sections 752.0.10.10.1 and 752.0.10.18,

vi.  a redetermination of the taxpayer’s tax is required to be made as a consequence of a transaction, within the meaning of the first paragraph of section 1082.3, involving the taxpayer and a person not resident in Canada with whom the taxpayer was not dealing at arm’s length,

vii.  a redetermination of the taxpayer’s tax is required to be made, if the taxpayer is not resident in Canada and carries on a business in Canada, as a consequence of an allocation by the taxpayer of revenues or expenses as amounts in respect of the Canadian business, other than revenues or expenses that relate solely to the Canadian business, that are recorded in the books of account of the Canadian business, and the documentation in support of which is kept in Canada, or a notional transaction between the taxpayer and its Canadian banking business, where the transaction is recognized for the purposes of the computation of an amount under this Act or an applicable tax agreement; or

viii.  a redetermination of the taxpayer’s tax is required to give effect to the application of any of Chapters VI to VI.2 of Title X of Book III; and

(a.1.1)  within nine years after the later day referred to in paragraph a or, in the case of a taxpayer referred to in paragraph a.0.1, within ten years after that day, where

i.  a redetermination of the taxpayer’s tax was required to be made by the Minister in accordance with section 1012, or should have been so made if the taxpayer had claimed an amount under that section within the prescribed time limit, in order to take into account a deduction claimed under sections 727 to 737 in respect of a loss for a subsequent taxation year,

ii.  a redetermination of the taxpayer’s tax was made, or a notification that no tax is payable was issued to the taxpayer, for the subsequent taxation year referred to in subparagraph i, after the period referred to in paragraph a or a.0.1 of subsection 2 in respect of the subsequent taxation year as a consequence of a transaction involving the taxpayer and a person not resident in Canada with whom the taxpayer was not dealing at arm’s length, and

iii.  the tax redetermination or the notification, referred to in subparagraph ii, reduced the amount of the loss for the subsequent taxation year;

(a.2)  within three years after the day on which the information return described in section 1079.7 is filed, in relation to a claim or deduction made by the taxpayer in respect of a tax shelter, if that information return is not filed in the manner and within the time specified; and

(b)  at any time, if the taxpayer or the person who filed the return

i.  has made a misrepresentation that is attributable to negligence or wilful default or has committed any fraud in filing the return or in supplying any information provided for in this Part, or

ii.  has filed with the Minister a waiver in the prescribed form.

(2.1)  In addition, the Minister may redetermine the tax, interest and penalties payable by the taxpayer under this Part for a taxation year for which tax consequences under this Part result from the fact that a redetermination of the taxpayer’s tax must be made by the Minister in accordance with section 1012, as a consequence of the application of paragraph g or h of section 1012.1, in relation to a taxation year referred to in the first or second paragraph of section 1012.1.1, and, despite paragraph a.1 of subsection 2, make a reassessment or an additional assessment beyond the period referred to in that paragraph a.1.

(3)  However, the Minister may, under any of paragraphs a.1, a.1.1 and a.2 of subsection 2 or subsection 2.1, make a reassessment or an additional assessment beyond the period referred to in paragraph a or a.0.1 of subsection 2 only to the extent that the reassessment or additional assessment may reasonably be regarded as relating to the tax redetermination referred to in that paragraph a.1 or subsection 2.1, to the reduction referred to in subparagraph iii of that paragraph a.1.1 or to the claim or deduction referred to in that paragraph a.2, as the case may be.

1972, c. 23, s. 740; 1982, c. 5, s. 179; 1985, c. 25, s. 146; 1986, c. 15, s. 171; 1990, c. 7, s. 144; 1990, c. 59, s. 341; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1997, c. 86, s. 1; 2000, c. 5, s. 240; 2001, c. 7, s. 140; 2004, c. 4, s. 9; 2004, c. 8, s. 177; 2005, c. 23, s. 137; 2011, c. 34, s. 62; 2015, c. 24, s. 130; 2015, c. 36, s. 68; I.N. 2016-01-01 (NCCP); 2021, c. 14, s. 117; 2021, c. 36, s. 99.

2021-06-02

1010. (1)  The Minister may at any time determine the tax, interest and penalties payable under this Part, or give notice in writing to any taxpayer who filed a fiscal return for a taxation year that no tax is payable for that taxation year.

(2)  The Minister may also redetermine the tax, interest and penalties payable under this Part and make a reassessment or an additional assessment, as the case may be,

(a)  within three years after the day of sending of an original assessment or of a notice that no tax is payable for a taxation year or the day on which a fiscal return for the taxation year is filed, whichever is later;

(a.0.1)  within four years after the later day referred to in paragraph a if, at the end of the taxation year concerned, the taxpayer is a mutual fund trust or a corporation other than a Canadian-controlled private corporation;

(a.1)  within six years after the later day referred to in paragraph a or, in the case of a taxpayer referred to in paragraph a.0.1, within seven years after that day, where

i.  a redetermination of the taxpayer’s tax by the Minister is required in accordance with section 1012 or 1012.2 or would have been required if the taxpayer had claimed an amount under that section within the prescribed time limit,

ii.  as a consequence of a redetermination of another taxpayer’s tax in accordance with this paragraph or section 1012, there is reason to redetermine the taxpayer’s tax for any relevant taxation year,

iii.  a redetermination of the taxpayer’s tax would be made by the Minister, but for the expiration of the time limit prescribed in paragraph a, as a consequence of an additional payment of any income or profits tax to, or a reimbursement of any such tax by, the government of a foreign country or a political subdivision of a foreign country,

iv.  a redetermination of the taxpayer’s tax is required to be made as a consequence of a reduction under section 359.15 of an amount purported to be renounced by the corporation under any of the sections referred to in that section,

v.  a redetermination of the taxpayer’s tax is required to be made in order to give effect to the application of sections 752.0.10.10.1 and 752.0.10.18,

vi.  a redetermination of the taxpayer’s tax is required to be made as a consequence of a transaction involving the taxpayer and a person not resident in Canada with whom the taxpayer was not dealing at arm’s length,

vii.  a redetermination of the taxpayer’s tax is required to be made, if the taxpayer is not resident in Canada and carries on a business in Canada, as a consequence of an allocation by the taxpayer of revenues or expenses as amounts in respect of the Canadian business, other than revenues or expenses that relate solely to the Canadian business, that are recorded in the books of account of the Canadian business, and the documentation in support of which is kept in Canada, or a notional transaction between the taxpayer and its Canadian banking business, where the transaction is recognized for the purposes of the computation of an amount under this Act or an applicable tax agreement; or

viii.  a redetermination of the taxpayer’s tax is required to give effect to the application of any of Chapters VI to VI.2 of Title X of Book III; and

(a.1.1)  within nine years after the later day referred to in paragraph a or, in the case of a taxpayer referred to in paragraph a.0.1, within ten years after that day, where

i.  a redetermination of the taxpayer’s tax was required to be made by the Minister in accordance with section 1012, or should have been so made if the taxpayer had claimed an amount under that section within the prescribed time limit, in order to take into account a deduction claimed under sections 727 to 737 in respect of a loss for a subsequent taxation year,

ii.  a redetermination of the taxpayer’s tax was made, or a notification that no tax is payable was issued to the taxpayer, for the subsequent taxation year referred to in subparagraph i, after the period referred to in paragraph a or a.0.1 of subsection 2 in respect of the subsequent taxation year as a consequence of a transaction involving the taxpayer and a person not resident in Canada with whom the taxpayer was not dealing at arm’s length, and

iii.  the tax redetermination or the notification, referred to in subparagraph ii, reduced the amount of the loss for the subsequent taxation year;

(a.2)  within three years after the day on which the information return described in section 1079.7 is filed, in relation to a claim or deduction made by the taxpayer in respect of a tax shelter, if that information return is not filed in the manner and within the time specified; and

(b)  at any time, if the taxpayer or the person who filed the return

i.  has made a misrepresentation that is attributable to negligence or wilful default or has committed any fraud in filing the return or in supplying any information provided for in this Part, or

ii.  has filed with the Minister a waiver in the prescribed form.

(2.1)  In addition, the Minister may redetermine the tax, interest and penalties payable by the taxpayer under this Part for a taxation year for which tax consequences under this Part result from the fact that a redetermination of the taxpayer’s tax must be made by the Minister in accordance with section 1012, as a consequence of the application of paragraph g or h of section 1012.1, in relation to a taxation year referred to in the first or second paragraph of section 1012.1.1, and, despite paragraph a.1 of subsection 2, make a reassessment or an additional assessment beyond the period referred to in that paragraph a.1.

(3)  However, the Minister may, under any of paragraphs a.1, a.1.1 and a.2 of subsection 2 or subsection 2.1, make a reassessment or an additional assessment beyond the period referred to in paragraph a or a.0.1 of subsection 2 only to the extent that the reassessment or additional assessment may reasonably be regarded as relating to the tax redetermination referred to in that paragraph a.1 or subsection 2.1, to the reduction referred to in subparagraph iii of that paragraph a.1.1 or to the claim or deduction referred to in that paragraph a.2, as the case may be.

1972, c. 23, s. 740; 1982, c. 5, s. 179; 1985, c. 25, s. 146; 1986, c. 15, s. 171; 1990, c. 7, s. 144; 1990, c. 59, s. 341; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1997, c. 86, s. 1; 2000, c. 5, s. 240; 2001, c. 7, s. 140; 2004, c. 4, s. 9; 2004, c. 8, s. 177; 2005, c. 23, s. 137; 2011, c. 34, s. 62; 2015, c. 24, s. 130; 2015, c. 36, s. 68; I.N. 2016-01-01 (NCCP); 2021, c. 14, s. 117.

2016-01-01

1010. (1)  The Minister may at any time determine the tax, interest and penalties payable under this Part, or give notice in writing to any taxpayer who filed a fiscal return for a taxation year that no tax is payable for that taxation year.

(2)  The Minister may also redetermine the tax, interest and penalties payable under this Part and make a reassessment or an additional assessment, as the case may be,

(a)  within three years after the day of sending of an original assessment or of a notice that no tax is payable for a taxation year or the day on which a fiscal return for the taxation year is filed, whichever is later;

(a.0.1)  within four years after the later day referred to in paragraph a if, at the end of the taxation year concerned, the taxpayer is a mutual fund trust or a corporation other than a Canadian-controlled private corporation;

(a.1)  within six years after the later day referred to in paragraph a or, in the case of a taxpayer referred to in paragraph a.0.1, within seven years after that day, where

i.  a redetermination of the taxpayer’s tax by the Minister is required in accordance with section 1012 or 1012.2 or would have been required if the taxpayer had claimed an amount under that section within the prescribed time limit,

ii.  as a consequence of a redetermination of another taxpayer’s tax in accordance with this paragraph or section 1012, there is reason to redetermine the taxpayer’s tax for any relevant taxation year,

iii.  a redetermination of the taxpayer’s tax would be made by the Minister, but for the expiration of the time limit prescribed in paragraph a, as a consequence of an additional payment of any income or profits tax to, or a reimbursement of any such tax by, the government of a foreign country or a political subdivision of a foreign country,

iv.  a redetermination of the taxpayer’s tax is required to be made as a consequence of a reduction under section 359.15 of an amount purported to be renounced by the corporation under any of the sections referred to in that section,

v.  a redetermination of the taxpayer’s tax is required to be made in order to give effect to the application of sections 752.0.10.10.1 and 752.0.10.18,

vi.  a redetermination of the taxpayer’s tax is required to be made as a consequence of a transaction involving the taxpayer and a person not resident in Canada with whom the taxpayer was not dealing at arm’s length,

vii.  a redetermination of the taxpayer’s tax is required to be made, if the taxpayer is not resident in Canada and carries on a business in Canada, as a consequence of an allocation by the taxpayer of revenues or expenses as amounts in respect of the Canadian business, other than revenues or expenses that relate solely to the Canadian business, that are recorded in the books of account of the Canadian business, and the documentation in support of which is kept in Canada, or a notional transaction between the taxpayer and its Canadian banking business, where the transaction is recognized for the purposes of the computation of an amount under this Act or an applicable tax agreement; or

viii.  a redetermination of the taxpayer’s tax is required to give effect to the application of any of Chapters VI to VI.2 of Title X of Book III; and

(a.2)  within three years after the day on which the information return described in section 1079.7 is filed, in relation to a claim or deduction made by the taxpayer in respect of a tax shelter, if that information return is not filed in the manner and within the time specified; and

(b)  at any time, if the taxpayer or the person who filed the return

i.  has made a misrepresentation that is attributable to negligence or wilful default or has committed any fraud in filing the return or in supplying any information provided for in this Part, or

ii.  has filed with the Minister a waiver in the prescribed form.

(2.1)  In addition, the Minister may redetermine the tax, interest and penalties payable by the taxpayer under this Part for a taxation year for which tax consequences under this Part result from the fact that a redetermination of the taxpayer’s tax must be made by the Minister in accordance with section 1012, as a consequence of the application of paragraph g or h of section 1012.1, in relation to a taxation year referred to in the first or second paragraph of section 1012.1.1, and, despite paragraph a.1 of subsection 2, make a reassessment or an additional assessment beyond the period referred to in that paragraph a.1.

(3)  However, the Minister may, under paragraph a.1 or a.2 of subsection 2 or subsection 2.1, make a reassessment or an additional assessment beyond the periods referred to in paragraph a or a.0.1 of subsection 2 only to the extent that the reassessment or additional assessment may be reasonably regarded as related to the tax redetermination referred to in that paragraph a.1 or subsection 2.1, or to the claim or deduction referred to in that paragraph a.2, as the case may be.

1972, c. 23, s. 740; 1982, c. 5, s. 179; 1985, c. 25, s. 146; 1986, c. 15, s. 171; 1990, c. 7, s. 144; 1990, c. 59, s. 341; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1997, c. 86, s. 1; 2000, c. 5, s. 240; 2001, c. 7, s. 140; 2004, c. 4, s. 9; 2004, c. 8, s. 177; 2005, c. 23, s. 137; 2011, c. 34, s. 62; 2015, c. 24, s. 130; 2015, c. 36, s. 68; I.N. 2016-01-01 (NCCP).

2015-12-04

1010. (1)  The Minister may at any time determine the tax, interest and penalties payable under this Part, or notify in writing any taxpayer who filed a fiscal return for a taxation year that no tax is payable for that taxation year.

(2)  The Minister may also redetermine the tax, interest and penalties payable under this Part and make a reassessment or an additional assessment, as the case may be,

(a)  within three years after the day of sending of an original assessment or of a notification that no tax is payable for a taxation year or the day on which a fiscal return for the taxation year is filed, whichever is later;

(a.0.1)  within four years after the later day referred to in paragraph a if, at the end of the taxation year concerned, the taxpayer is a mutual fund trust or a corporation other than a Canadian-controlled private corporation;

(a.1)  within six years after the later day referred to in paragraph a or, in the case of a taxpayer referred to in paragraph a.0.1, within seven years after that day, where

i.  a redetermination of the taxpayer’s tax by the Minister is required in accordance with section 1012 or 1012.2 or would have been required if the taxpayer had claimed an amount under that section within the prescribed time limit,

ii.  as a consequence of a redetermination of another taxpayer’s tax in accordance with this paragraph or section 1012, there is reason to redetermine the taxpayer’s tax for any relevant taxation year,

iii.  a redetermination of the taxpayer’s tax would be made by the Minister, but for the expiration of the time limit prescribed in paragraph a, as a consequence of an additional payment of any income or profits tax to, or a reimbursement of any such tax by, the government of a foreign country or a political subdivision of a foreign country,

iv.  a redetermination of the taxpayer’s tax is required to be made as a consequence of a reduction under section 359.15 of an amount purported to be renounced by the corporation under any of the sections referred to in that section,

v.  a redetermination of the taxpayer’s tax is required to be made in order to give effect to the application of sections 752.0.10.10.1 and 752.0.10.18,

vi.  a redetermination of the taxpayer’s tax is required to be made as a consequence of a transaction involving the taxpayer and a person not resident in Canada with whom the taxpayer was not dealing at arm’s length,

vii.  a redetermination of the taxpayer’s tax is required to be made, if the taxpayer is not resident in Canada and carries on a business in Canada, as a consequence of an allocation by the taxpayer of revenues or expenses as amounts in respect of the Canadian business, other than revenues or expenses that relate solely to the Canadian business, that are recorded in the books of account of the Canadian business, and the documentation in support of which is kept in Canada, or a notional transaction between the taxpayer and its Canadian banking business, where the transaction is recognized for the purposes of the computation of an amount under this Act or an applicable tax agreement; or

viii.  a redetermination of the taxpayer’s tax is required to give effect to the application of any of Chapters VI to VI.2 of Title X of Book III; and

(a.2)  within three years after the day on which the information return described in section 1079.7 is filed, in relation to a claim or deduction made by the taxpayer in respect of a tax shelter, if that information return is not filed in the manner and within the time specified; and

(b)  at any time, if the taxpayer or the person who filed the return

i.  has made a misrepresentation that is attributable to negligence or wilful default or has committed any fraud in filing the return or in supplying any information provided for in this Part, or

ii.  has filed with the Minister a waiver in the prescribed form.

(2.1)  In addition, the Minister may redetermine the tax, interest and penalties payable by the taxpayer under this Part for a taxation year for which tax consequences under this Part result from the fact that a redetermination of the taxpayer’s tax must be made by the Minister in accordance with section 1012, as a consequence of the application of paragraph g or h of section 1012.1, in relation to a taxation year referred to in the first or second paragraph of section 1012.1.1, and, despite paragraph a.1 of subsection 2, make a reassessment or an additional assessment beyond the period referred to in that paragraph a.1.

(3)  However, the Minister may, under paragraph a.1 or a.2 of subsection 2 or subsection 2.1, make a reassessment or an additional assessment beyond the periods referred to in paragraph a or a.0.1 of subsection 2 only to the extent that the reassessment or additional assessment may be reasonably regarded as related to the tax redetermination referred to in that paragraph a.1 or subsection 2.1, or to the claim or deduction referred to in that paragraph a.2, as the case may be.

1972, c. 23, s. 740; 1982, c. 5, s. 179; 1985, c. 25, s. 146; 1986, c. 15, s. 171; 1990, c. 7, s. 144; 1990, c. 59, s. 341; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1997, c. 86, s. 1; 2000, c. 5, s. 240; 2001, c. 7, s. 140; 2004, c. 4, s. 9; 2004, c. 8, s. 177; 2005, c. 23, s. 137; 2011, c. 34, s. 62; 2015, c. 24, s. 130; 2015, c. 36, s. 68.

2015-10-26

1010. (1)  The Minister may at any time determine the tax, interest and penalties payable under this Part, or notify in writing any taxpayer who filed a fiscal return for a taxation year that no tax is payable for that taxation year.

(2)  The Minister may also redetermine the tax, interest and penalties payable under this Part and make a reassessment or an additional assessment, as the case may be,

(a)  within three years after the day of sending of an original assessment or of a notification that no tax is payable for a taxation year or the day on which a fiscal return for the taxation year is filed, whichever is later;

(a.0.1)  within four years after the later day referred to in paragraph a if, at the end of the taxation year concerned, the taxpayer is a mutual fund trust or a corporation other than a Canadian-controlled private corporation;

(a.1)  within six years after the later day referred to in paragraph a or, in the case of a taxpayer referred to in paragraph a.0.1, within seven years after that day, where

i.  a redetermination of the taxpayer’s tax by the Minister is required in accordance with section 1012 or would have been required if the taxpayer had claimed an amount in the prescribed time limit under section 1012,

ii.  as a consequence of a redetermination of another taxpayer’s tax in accordance with this paragraph or section 1012, there is reason to redetermine the taxpayer’s tax for any relevant taxation year,

iii.  a redetermination of the taxpayer’s tax would be made by the Minister, but for the expiration of the time limit prescribed in paragraph a, as a consequence of an additional payment of any income or profits tax to, or a reimbursement of any such tax by, the government of a foreign country or a political subdivision of a foreign country,

iv.  a redetermination of the taxpayer’s tax is required to be made as a consequence of a reduction under section 359.15 of an amount purported to be renounced by the corporation under any of the sections referred to in that section,

v.  a redetermination of the taxpayer’s tax is required to be made in order to give effect to the application of sections 752.0.10.10.1 and 752.0.10.18,

vi.  a redetermination of the taxpayer’s tax is required to be made as a consequence of a transaction involving the taxpayer and a person not resident in Canada with whom the taxpayer was not dealing at arm’s length, or

vii.  a redetermination of the taxpayer’s tax is required to be made, if the taxpayer is not resident in Canada and carries on a business in Canada, as a consequence of an allocation by the taxpayer of revenues or expenses as amounts in respect of the Canadian business, other than revenues or expenses that relate solely to the Canadian business, that are recorded in the books of account of the Canadian business, and the documentation in support of which is kept in Canada, or a notional transaction between the taxpayer and its Canadian banking business, where the transaction is recognized for the purposes of the computation of an amount under this Act or an applicable tax agreement;

(a.2)  within three years after the day on which the information return described in section 1079.7 is filed, in relation to a claim or deduction made by the taxpayer in respect of a tax shelter, if that information return is not filed in the manner and within the time specified; and

(b)  at any time, if the taxpayer or the person who filed the return

i.  has made a misrepresentation that is attributable to negligence or wilful default or has committed any fraud in filing the return or in supplying any information provided for in this Part, or

ii.  has filed with the Minister a waiver in the prescribed form.

(2.1)  In addition, the Minister may redetermine the tax, interest and penalties payable by the taxpayer under this Part for a taxation year for which tax consequences under this Part result from the fact that a redetermination of the taxpayer’s tax must be made by the Minister in accordance with section 1012, as a consequence of the application of paragraph g or h of section 1012.1, in relation to a taxation year referred to in the first or second paragraph of section 1012.1.1, and, despite paragraph a.1 of subsection 2, make a reassessment or an additional assessment beyond the period referred to in that paragraph a.1.

(3)  However, the Minister may, under paragraph a.1 or a.2 of subsection 2 or subsection 2.1, make a reassessment or an additional assessment beyond the periods referred to in paragraph a or a.0.1 of subsection 2 only to the extent that the reassessment or additional assessment may be reasonably regarded as related to the tax redetermination referred to in that paragraph a.1 or subsection 2.1, or to the claim or deduction referred to in that paragraph a.2, as the case may be.

1972, c. 23, s. 740; 1982, c. 5, s. 179; 1985, c. 25, s. 146; 1986, c. 15, s. 171; 1990, c. 7, s. 144; 1990, c. 59, s. 341; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1997, c. 86, s. 1; 2000, c. 5, s. 240; 2001, c. 7, s. 140; 2004, c. 4, s. 9; 2004, c. 8, s. 177; 2005, c. 23, s. 137; 2011, c. 34, s. 62; 2015, c. 24, s. 130.

2011-12-09

1010. (1)  The Minister may at any time determine the tax, interest and penalties payable under this Part, or notify in writing any taxpayer who filed a fiscal return for a taxation year that no tax is payable for that taxation year.

(2)  The Minister may also redetermine the tax, interest and penalties payable under this Part and make a reassessment or an additional assessment, as the case may be,

(a)  within three years after the day of sending of an original assessment or of a notification that no tax is payable for a taxation year or the day on which a fiscal return for the taxation year is filed, whichever is later;

(a.0.1)  within four years after the later day referred to in paragraph a if, at the end of the taxation year concerned, the taxpayer is a mutual fund trust or a corporation other than a Canadian-controlled private corporation;

(a.1)  within six years after the later day referred to in paragraph a or, in the case of a taxpayer referred to in paragraph a.0.1, within seven years after that day, where

i.  a redetermination of the taxpayer’s tax by the Minister is required in accordance with section 1012 or would have been required if the taxpayer had claimed an amount in the prescribed time limit under section 1012,

ii.  as a consequence of a redetermination of another taxpayer’s tax in accordance with this paragraph or section 1012, there is reason to redetermine the taxpayer’s tax for any relevant taxation year,

iii.  a redetermination of the taxpayer’s tax would be made by the Minister, but for the expiration of the time limit prescribed in paragraph a, as a consequence of an additional payment of any income or profits tax to, or a reimbursement of any such tax by, the government of a foreign country or a political subdivision of a foreign country,

iv.  a redetermination of the taxpayer’s tax is required to be made as a consequence of a reduction under section 359.15 of an amount purported to be renounced by the corporation under any of the sections referred to in that section,

v.  a redetermination of the taxpayer’s tax is required to be made in order to give effect to the application of sections 752.0.10.10.1 and 752.0.10.18,

vi.  a redetermination of the taxpayer’s tax is required to be made as a consequence of a transaction involving the taxpayer and a person not resident in Canada with whom the taxpayer was not dealing at arm’s length, or

vii.  a redetermination of the taxpayer’s tax is required to be made, if the taxpayer is not resident in Canada and carries on a business in Canada, as a consequence of an allocation by the taxpayer of revenues or expenses as amounts in respect of the Canadian business, other than revenues or expenses that relate solely to the Canadian business, that are recorded in the books of account of the Canadian business, and the documentation in support of which is kept in Canada, or a notional transaction between the taxpayer and its Canadian banking business, where the transaction is recognized for the purposes of the computation of an amount under this Act or an applicable tax agreement; and

(b)  at any time, if the taxpayer or the person who filed the return

i.  has made a misrepresentation that is attributable to negligence or wilful default or has committed any fraud in filing the return or in supplying any information provided for in this Part, or

ii.  has filed with the Minister a waiver in the prescribed form.

(2.1)  In addition, the Minister may redetermine the tax, interest and penalties payable by the taxpayer under this Part for a taxation year for which tax consequences under this Part result from the fact that a redetermination of the taxpayer’s tax must be made by the Minister in accordance with section 1012, as a consequence of the application of paragraph g or h of section 1012.1, in relation to a taxation year referred to in the first or second paragraph of section 1012.1.1, and, despite paragraph a.1 of subsection 2, make a reassessment or an additional assessment beyond the period referred to in that paragraph a.1.

(3)  However, the Minister may, under paragraph a.1 of subsection 2 or subsection 2.1, make a reassessment or an additional assessment beyond the periods referred to in paragraph a or a.0.1 of subsection 2 only to the extent that the reassessment or additional assessment may be reasonably regarded as related to the tax redetermination referred to in that paragraph a.1 or subsection 2.1, as the case may be.

1972, c. 23, s. 740; 1982, c. 5, s. 179; 1985, c. 25, s. 146; 1986, c. 15, s. 171; 1990, c. 7, s. 144; 1990, c. 59, s. 341; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1997, c. 86, s. 1; 2000, c. 5, s. 240; 2001, c. 7, s. 140; 2004, c. 4, s. 9; 2004, c. 8, s. 177; 2005, c. 23, s. 137; 2011, c. 34, s. 62.

2006-03-01

1010. (1)  The Minister may at any time assess tax, interest and penalties under this Part, or notify in writing any taxpayer by whom a fiscal return has been filed for a taxation year that no tax is payable for that taxation year.

(2)  The Minister may also again assess the tax, interest and penalties under this Part and reassess or make an additional assessment, as the case may be,

(a)  within three years after the day of sending of an original assessment or of a notification that no tax is payable for a taxation year or the day on which a fiscal return for the taxation year is filed, whichever is later;

(a.0.1)  within four years after the day contemplated in paragraph a if, at the end of the taxation year concerned, the taxpayer is a mutual fund trust or a corporation other than a Canadian controlled private corporation;

(a.1)  within six years after the day contemplated in paragraph a or, in the case of a taxpayer referred to in paragraph a.0.1, within seven years after that day, where

i.  a reassessment of the taxpayer’s tax by the Minister is required in accordance with section 1012 or would have been required if the taxpayer had claimed an amount in the prescribed time limit pursuant to the said section 1012;

ii.  as a consequence of another taxpayer’s tax reassessment pursuant to this paragraph or section 1012, there is reason to reassess the taxpayer’s tax for any relevant taxation year;

iii.  a reassessment of the taxpayer’s tax would be made by the Minister, but for the expiration of the time limit prescribed in paragraph a, as a consequence of an additional payment of any income or profits tax to, or a reimbursement of any such tax by, the government of a foreign country or a political subdivision of a foreign country;

iv.  a reassessment of the taxpayer’s tax is required to be made as a consequence of a reduction under section 359.15 of an amount purported to be renounced by the corporation under any of the sections referred to in that section,

v.  a reassessment of the taxpayer’s tax is required to be made in order to give effect to the application of sections 752.0.10.10.1 and 752.0.10.18;

vi.  a reassessment of the taxpayer’s tax is required to be made as a consequence of a transaction involving the taxpayer and a person not resident in Canada with whom the taxpayer was not dealing at arm’s length; or

vii.  a reassessment of the taxpayer’s tax is required to be made, if the taxpayer is not resident in Canada and carries on a business in Canada, as a consequence of an allocation by the taxpayer of revenues or expenses as amounts in respect of the Canadian business, other than revenues or expenses that relate solely to the Canadian business, that are recorded in the books of account of the Canadian business, and the documentation in support of which is kept in Canada, or a notional transaction between the taxpayer and its Canadian banking business, where the transaction is recognized for the purposes of the computation of an amount under this Act or an applicable tax treaty; and

(b)  at any time, if the taxpayer or the person who filed the return

i.  has made a misrepresentation that is attributable to neglect or wilful default or has committed any fraud in filing the return or in supplying any information provided for in this Part; or

ii.  has filed with the Minister a waiver in the prescribed form.

(3)  However, the Minister may, under paragraph a.1 of subsection 2, reassess or make an additional assessment beyond the periods contemplated in paragraph a or a.0.1 of subsection 2 only to the extent that the reassessment or additional assessment may be reasonably regarded as related to the tax reassessment contemplated in the said paragraph a.1.

1972, c. 23, s. 740; 1982, c. 5, s. 179; 1985, c. 25, s. 146; 1986, c. 15, s. 171; 1990, c. 7, s. 144; 1990, c. 59, s. 341; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1997, c. 86, s. 1; 2000, c. 5, s. 240; 2001, c. 7, s. 140; 2004, c. 4, s. 9; 2004, c. 8, s. 177; 2005, c. 23, s. 137.