I-3 - Taxation Act

Section 1044.4 Disposition versions

2021-12-10

1044.4. A corporation’s allocation application referred to in section 1044.3 for a period is deemed not to have been made unless

(a)  it specifies the amount to be allocated, which shall not exceed the lesser of the corporation’s accumulated overpayment amount for the period and its accumulated underpayment amount for the period;

(b)  it specifies the effective date for the allocation, which shall not be earlier than the latest of

i.  the date from which refund interest is computed on the corporation’s overpayment amount for the period, or would be so computed if the overpayment amount were refunded to the corporation,

ii.  the date from which arrears interest is computed on the corporation’s underpayment amount for the period, and

iii.  1 January 2000; and

(c)  it is made on or before the day that is 90 days after the latest of

i.  the day of sending of the first notice of assessment giving rise to any portion of the corporation’s overpayment amount to which the application relates,

ii.  the day of sending of the first notice of assessment giving rise to any portion of the corporation’s underpayment amount to which the application relates,

iii.  if the corporation has filed a notice of objection to an assessment referred to in subparagraph i or ii, the day of mailing of the Minister’s decision under section 93.1.6 of the Tax Administration Act (chapter A-6.002) in respect of the notice of objection,

iv.  if the corporation has filed a contestation with or initiated an appeal before a court of competent jurisdiction regarding an assessment referred to in subparagraph i or ii, or has applied for leave to file a contestation or make an appeal regarding such an assessment before such a court, the day on which the court dismisses the application, the day on which the corporation discontinues its application, contestation or appeal or the day on which final judgment is rendered on the contestation or the appeal,

v.  the day of sending of the first notice to the corporation indicating that the Minister has determined any portion of the corporation’s overpayment amount to which the application relates, if the overpayment amount has not been determined as a result of a notice of assessment sent before that day, and

vi.  1 April 2001.

2001, c. 53, s. 234; 2004, c. 4, s. 14; 2010, c. 31, s. 175; I.N. 2016-01-01 (NCCP); 2020, c. 12, s. 126; 2021, c. 36, s. 138.

2021-01-01

1044.4. A corporation’s allocation application referred to in section 1044.3 for a period is deemed not to have been made unless

(a)  it specifies the amount to be allocated, which shall not exceed the lesser of the corporation’s accumulated overpayment amount for the period and its accumulated underpayment amount for the period;

(b)  it specifies the effective date for the allocation, which shall not be earlier than the latest of

i.  the date from which refund interest is computed on the corporation’s overpayment amount for the period, or would be so computed if the overpayment amount were refunded to the corporation,

ii.  the date from which arrears interest is computed on the corporation’s underpayment amount for the period, and

iii.  1 January 2000; and

(c)  it is made on or before the day that is 90 days after the latest of

i.  the day of sending of the first notice of assessment giving rise to any portion of the corporation’s overpayment amount to which the application relates,

ii.  the day of sending of the first notice of assessment giving rise to any portion of the corporation’s underpayment amount to which the application relates,

iii.  if the corporation has filed a notice of objection to an assessment referred to in subparagraph i or ii, the day of mailing of the Minister’s decision under section 93.1.6 of the Tax Administration Act (chapter A-6.002) in respect of the notice of objection,

iv.  if the corporation has filed a contestation with or brought an appeal before a court of competent jurisdiction regarding an assessment referred to in subparagraph i or ii, or has applied for leave to file a contestation or bring an appeal regarding such an assessment before such a court, the day on which the court dismisses the application, the day on which the corporation discontinues its application, contestation or appeal or the day on which final judgment is rendered on the contestation or the appeal,

v.  the day of sending of the first notice to the corporation indicating that the Minister has determined any portion of the corporation’s overpayment amount to which the application relates, if the overpayment amount has not been determined as a result of a notice of assessment sent before that day, and

vi.  1 April 2001.

2001, c. 53, s. 234; 2004, c. 4, s. 14; 2010, c. 31, s. 175; I.N. 2016-01-01 (NCCP); 2020, c. 12, s. 126.

2016-01-01

1044.4. A corporation’s allocation application referred to in section 1044.3 for a period is deemed not to have been made unless

(a)  it specifies the amount to be allocated, which shall not exceed the lesser of the corporation’s accumulated overpayment amount for the period and its accumulated underpayment amount for the period;

(b)  it specifies the effective date for the allocation, which shall not be earlier than the latest of

i.  the date from which refund interest is computed on the corporation’s overpayment amount for the period, or would be so computed if the overpayment amount were refunded to the corporation,

ii.  the date from which arrears interest is computed on the corporation’s underpayment amount for the period, and

iii.  1 January 2000; and

(c)  it is made on or before the day that is 90 days after the latest of

i.  the day of sending of the first notice of assessment giving rise to any portion of the corporation’s overpayment amount to which the application relates,

ii.  the day of sending of the first notice of assessment giving rise to any portion of the corporation’s underpayment amount to which the application relates,

iii.  if the corporation has filed a notice of objection to an assessment referred to in subparagraph i or ii, the day of mailing of the Minister’s decision under section 93.1.6 of the Tax Administration Act (chapter A-6.002) in respect of the notice of objection,

iv.  if the corporation has appealed, or applied for leave to appeal, from an assessment referred to in subparagraph i or ii to a court of competent jurisdiction, the day on which the court dismisses the application, the application or appeal is discontinued or final judgment is pronounced in the appeal,

v.  the day of sending of the first notice to the corporation indicating that the Minister has determined any portion of the corporation’s overpayment amount to which the application relates, if the overpayment amount has not been determined as a result of a notice of assessment sent before that day, and

vi.  1 April 2001.

2001, c. 53, s. 234; 2004, c. 4, s. 14; 2010, c. 31, s. 175; I.N. 2016-01-01 (NCCP).

2011-04-01

1044.4. A corporation’s allocation application referred to in section 1044.3 for a period is deemed not to have been made unless

(a)  it specifies the amount to be allocated, which shall not exceed the lesser of the corporation’s accumulated overpayment amount for the period and its accumulated underpayment amount for the period;

(b)  it specifies the effective date for the allocation, which shall not be earlier than the latest of

i.  the date from which refund interest is computed on the corporation’s overpayment amount for the period, or would be so computed if the overpayment amount were refunded to the corporation,

ii.  the date from which arrears interest is computed on the corporation’s underpayment amount for the period, and

iii.  1 January 2000; and

(c)  it is made on or before the day that is 90 days after the latest of

i.  the day of sending of the first notice of assessment giving rise to any portion of the corporation’s overpayment amount to which the application relates,

ii.  the day of sending of the first notice of assessment giving rise to any portion of the corporation’s underpayment amount to which the application relates,

iii.  if the corporation has served a notice of objection to an assessment referred to in subparagraph i or ii, the day of mailing of the notification by the Minister under section 93.1.6 of the Tax Administration Act (chapter A-6.002) in respect of the notice of objection,

iv.  if the corporation has appealed, or applied for leave to appeal, from an assessment referred to in subparagraph i or ii to a court of competent jurisdiction, the day on which the court dismisses the application, the application or appeal is discontinued or final judgment is pronounced in the appeal,

v.  the day of sending of the first notice to the corporation indicating that the Minister has determined any portion of the corporation’s overpayment amount to which the application relates, if the overpayment amount has not been determined as a result of a notice of assessment sent before that day, and

vi.  1 April 2001.

2001, c. 53, s. 234; 2004, c. 4, s. 14; 2010, c. 31, s. 175.

2006-03-01

1044.4. A corporation’s allocation application referred to in section 1044.3 for a period is deemed not to have been made unless

(a)  it specifies the amount to be allocated, which shall not exceed the lesser of the corporation’s accumulated overpayment amount for the period and its accumulated underpayment amount for the period;

(b)  it specifies the effective date for the allocation, which shall not be earlier than the latest of

i.  the date from which refund interest is computed on the corporation’s overpayment amount for the period, or would be so computed if the overpayment amount were refunded to the corporation,

ii.  the date from which arrears interest is computed on the corporation’s underpayment amount for the period, and

iii.  1 January 2000; and

(c)  it is made on or before the day that is 90 days after the latest of

i.  the day of sending of the first notice of assessment giving rise to any portion of the corporation’s overpayment amount to which the application relates,

ii.  the day of sending of the first notice of assessment giving rise to any portion of the corporation’s underpayment amount to which the application relates,

iii.  if the corporation has served a notice of objection to an assessment referred to in subparagraph i or ii, the day of mailing of the notification by the Minister under section 93.1.6 of the Act respecting the Ministère du Revenu (chapter M-31) in respect of the notice of objection,

iv.  if the corporation has appealed, or applied for leave to appeal, from an assessment referred to in subparagraph i or ii to a court of competent jurisdiction, the day on which the court dismisses the application, the application or appeal is discontinued or final judgment is pronounced in the appeal,

v.  the day of sending of the first notice to the corporation indicating that the Minister has determined any portion of the corporation’s overpayment amount to which the application relates, if the overpayment amount has not been determined as a result of a notice of assessment sent before that day, and

vi.  1 April 2001.

2001, c. 53, s. 234; 2004, c. 4, s. 14.