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I-3 - Taxation Act

Section 1079.8.15
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1079.8.15. If, in relation to a taxation year of a particular taxpayer described in the second paragraph for which tax consequences under this Act result from a transaction with contractual protection, a transaction involving conditional remuneration, a confidential transaction or a specified transaction, a taxpayer who carried out the transaction or a member of the partnership that carried out the transaction fails to send, in accordance with any of sections 1079.8.5 to 1079.8.6.2, an information return within the time limit provided for in section 1079.8.10 or 1079.8.10.1, as the case may be, in respect of the transaction, the Minister may, despite the expiry of the time limits provided for in section 1010, redetermine the tax, interest and penalties or any other amount, under this Act, and make a redetermination, reassessment or additional assessment for the taxation year in respect of the particular taxpayer
(a)  on or before the day that is three years after the day on which an information return containing the information required by section 1079.8.9 is sent to the Minister in respect of the transaction, if the period for which the Minister could, before the expiry of the time limits provided for in section 1010, make a reassessment or an additional assessment in respect of the particular taxpayer is the period referred to in paragraph a of subsection 2 of section 1010;
(b)  on or before the day that is four years after the day referred to in subparagraph a, if the period for which the Minister could, before the expiry of the time limits provided for in section 1010, make a reassessment or an additional assessment in respect of the particular taxpayer is the period referred to in paragraph a.0.1 of subsection 2 of section 1010;
(c)  on or before the day that is six years after the day referred to in subparagraph a, if the period for which the Minister could, before the expiry of the time limits provided for in section 1010, make a reassessment or an additional assessment in respect of the particular taxpayer is the first period referred to either in paragraph a.1 of subsection 2 of section 1010 if any of the conditions in subparagraphs i to vii of that paragraph a.1 is applicable in respect of the transaction, or in paragraph a.1.1 of that subsection 2 if the conditions in that paragraph a.1.1 are applicable in respect of the transaction; or
(d)  on or before the day that is seven years after the day referred to in subparagraph a, if the period for which the Minister could, before the expiry of the time limits provided for in section 1010, make a reassessment or an additional assessment in respect of the particular taxpayer is the second period referred to either in paragraph a.1 of subsection 2 of section 1010 if any of the conditions in subparagraphs i to vii of that paragraph a.1 is applicable in respect of the transaction, or in paragraph a.1.1 of that subsection 2 if the conditions in that paragraph a.1.1 are applicable in respect of the transaction.
The particular taxpayer to which the first paragraph refers, in relation to a taxation year for which tax consequences under this Act result from a transaction referred to in that paragraph, is
(a)  the taxpayer who carried out the transaction;
(b)  each taxpayer who is a member of the partnership that carried out the transaction, at the end of the partnership’s fiscal period that ends in the taxation year;
(c)  a corporation that is associated with the taxpayer or the partnership that carried out the transaction, at the time the transaction is carried out;
(d)  a corporation that is associated with a taxpayer who is a member of the partnership that carried out the transaction, at the time the transaction is carried out;
(e)  a person who is related to the taxpayer or the partnership that carried out the transaction, at the time the transaction is carried out; or
(f)  a person who is related to a taxpayer who is a member of the partnership that carried out the transaction, at the time the transaction is carried out.
However, the Minister may, in respect of a taxation year for which tax consequences under this Act result from a transaction referred to in the first paragraph, make a reassessment or an additional assessment under the first paragraph only to the extent that the reassessment or additional assessment may reasonably be considered to relate to those tax consequences.
2010, c. 25, s. 189; 2017, c. 1, s. 361; 2020, c. 16, s. 175; 2021, c. 14, s. 183.
1079.8.15. If, in relation to a taxation year of a particular taxpayer described in the second paragraph for which tax consequences under this Act result from a transaction with contractual protection, a transaction involving conditional remuneration, a confidential transaction or a specified transaction, a taxpayer who carried out the transaction or a member of the partnership that carried out the transaction fails to send, in accordance with any of sections 1079.8.5 to 1079.8.6.2, an information return within the time limit provided for in section 1079.8.10 or 1079.8.10.1, as the case may be, in respect of the transaction, the Minister may, despite the expiry of the time limits provided for in section 1010, redetermine the tax, interest and penalties or any other amount, under this Act, and make a redetermination, reassessment or additional assessment for the taxation year in respect of the particular taxpayer
(a)  on or before the day that is three years after the day on which an information return containing the information required by section 1079.8.9 is sent to the Minister in respect of the transaction, if the period for which the Minister could, before the expiry of the time limits provided for in section 1010, make a reassessment or an additional assessment in respect of the particular taxpayer is the period referred to in paragraph a of subsection 2 of section 1010;
(b)  on or before the day that is four years after the day referred to in subparagraph a, if the period for which the Minister could, before the expiry of the time limits provided for in section 1010, make a reassessment or an additional assessment in respect of the particular taxpayer is the period referred to in paragraph a.0.1 of subsection 2 of section 1010;
(c)  on or before the day that is six years after the day referred to in subparagraph a, if the period for which the Minister could, before the expiry of the time limits provided for in section 1010, make a reassessment or an additional assessment in respect of the particular taxpayer is the first period referred to in paragraph a.1 of subsection 2 of section 1010 and if any of the conditions in subparagraphs i to vii of that paragraph a.1 is applicable in respect of the transaction; or
(d)  on or before the day that is seven years after the day referred to in subparagraph a, if the period for which the Minister could, before the expiry of the time limits provided for in section 1010, make a reassessment or an additional assessment in respect of the particular taxpayer is the second period referred to in paragraph a.1 of subsection 2 of section 1010 and if any of the conditions in subparagraphs i to vii of that paragraph a.1 is applicable in respect of the transaction.
The particular taxpayer to which the first paragraph refers, in relation to a taxation year for which tax consequences under this Act result from a transaction referred to in that paragraph, is
(a)  the taxpayer who carried out the transaction;
(b)  each taxpayer who is a member of the partnership that carried out the transaction, at the end of the partnership’s fiscal period that ends in the taxation year;
(c)  a corporation that is associated with the taxpayer or the partnership that carried out the transaction, at the time the transaction is carried out;
(d)  a corporation that is associated with a taxpayer who is a member of the partnership that carried out the transaction, at the time the transaction is carried out;
(e)  a person who is related to the taxpayer or the partnership that carried out the transaction, at the time the transaction is carried out; or
(f)  a person who is related to a taxpayer who is a member of the partnership that carried out the transaction, at the time the transaction is carried out.
However, the Minister may, in respect of a taxation year for which tax consequences under this Act result from a transaction referred to in the first paragraph, make a reassessment or an additional assessment under the first paragraph only to the extent that the reassessment or additional assessment may reasonably be considered to relate to those tax consequences.
2010, c. 25, s. 189; 2017, c. 1, s. 361; 2020, c. 16, s. 175.
1079.8.15. If, in relation to a taxation year of a particular taxpayer described in the second paragraph for which tax consequences under this Act result from a transaction with contractual protection, a transaction involving conditional remuneration or a confidential transaction, a taxpayer who carried out the transaction or a member of a partnership that carried out the transaction fails to send, in accordance with any of sections 1079.8.5 to 1079.8.6.1, an information return within the time limit provided for in section 1079.8.10 in respect of the transaction, the Minister may, despite the expiry of the time limits provided for in section 1010, redetermine the tax, interest and penalties or any other amount, under this Act, and make a redetermination, reassessment or additional assessment for the taxation year in respect of the particular taxpayer
(a)  on or before the day that is three years after the day on which an information return containing the information required by section 1079.8.9 is sent to the Minister in respect of the transaction, if the period for which the Minister could, before the expiry of the time limits provided for in section 1010, make a reassessment or an additional assessment in respect of the particular taxpayer is the period referred to in paragraph a of subsection 2 of section 1010;
(b)  on or before the day that is four years after the day referred to in subparagraph a, if the period for which the Minister could, before the expiry of the time limits provided for in section 1010, make a reassessment or an additional assessment in respect of the particular taxpayer is the period referred to in paragraph a.0.1 of subsection 2 of section 1010;
(c)  on or before the day that is six years after the day referred to in subparagraph a, if the period for which the Minister could, before the expiry of the time limits provided for in section 1010, make a reassessment or an additional assessment in respect of the particular taxpayer is the first period referred to in paragraph a.1 of subsection 2 of section 1010 and if any of the conditions in subparagraphs i to vii of that paragraph a.1 is applicable in respect of the transaction; or
(d)  on or before the day that is seven years after the day referred to in subparagraph a, if the period for which the Minister could, before the expiry of the time limits provided for in section 1010, make a reassessment or an additional assessment in respect of the particular taxpayer is the second period referred to in paragraph a.1 of subsection 2 of section 1010 and if any of the conditions in subparagraphs i to vii of that paragraph a.1 is applicable in respect of the transaction.
The particular taxpayer to which the first paragraph refers, in relation to a taxation year for which tax consequences under this Act result from a transaction referred to in that paragraph, is
(a)  the taxpayer who carried out the transaction;
(b)  each taxpayer who is a member of the partnership that carried out the transaction, at the end of the partnership’s fiscal period that ends in the taxation year;
(c)  a corporation that is associated with the taxpayer or the partnership that carried out the transaction, at the time the transaction is carried out;
(d)  a corporation that is associated with a taxpayer who is a member of the partnership that carried out the transaction, at the time the transaction is carried out;
(e)  a person who is related to the taxpayer or the partnership that carried out the transaction, at the time the transaction is carried out; or
(f)  a person who is related to a taxpayer who is a member of the partnership that carried out the transaction, at the time the transaction is carried out.
However, the Minister may, in respect of a taxation year for which tax consequences under this Act result from a transaction referred to in the first paragraph, make a reassessment or an additional assessment under the first paragraph only to the extent that the reassessment or additional assessment may reasonably be considered to relate to those tax consequences.
2010, c. 25, s. 189; 2017, c. 1, s. 361.
1079.8.15. If, in relation to a taxation year of a particular taxpayer described in the second paragraph for which tax consequences under this Act result from a transaction involving conditional remuneration or a confidential transaction, a taxpayer who carried out the transaction or a member of a partnership that carried out the transaction fails to send, in accordance with section 1079.8.5 or 1079.8.6, an information return within the time limit provided for in section 1079.8.10 in respect of the transaction, the Minister may, despite the expiry of the time limits provided for in section 1010, redetermine the tax, interest and penalties or any other amount, under this Act, and make a redetermination, reassessment or additional assessment for the taxation year in respect of the particular taxpayer
(a)  on or before the day that is three years after the day on which an information return containing the information required by section 1079.8.9 is sent to the Minister in respect of the transaction, if the period for which the Minister could, before the expiry of the time limits provided for in section 1010, make a reassessment or an additional assessment in respect of the particular taxpayer is the period referred to in paragraph a of subsection 2 of section 1010;
(b)  on or before the day that is four years after the day referred to in subparagraph a, if the period for which the Minister could, before the expiry of the time limits provided for in section 1010, make a reassessment or an additional assessment in respect of the particular taxpayer is the period referred to in paragraph a.0.1 of subsection 2 of section 1010;
(c)  on or before the day that is six years after the day referred to in subparagraph a, if the period for which the Minister could, before the expiry of the time limits provided for in section 1010, make a reassessment or an additional assessment in respect of the particular taxpayer is the first period referred to in paragraph a.1 of subsection 2 of section 1010 and if any of the conditions in subparagraphs i to vii of that paragraph a.1 is applicable in respect of the transaction; or
(d)  on or before the day that is seven years after the day referred to in subparagraph a, if the period for which the Minister could, before the expiry of the time limits provided for in section 1010, make a reassessment or an additional assessment in respect of the particular taxpayer is the second period referred to in paragraph a.1 of subsection 2 of section 1010 and if any of the conditions in subparagraphs i to vii of that paragraph a.1 is applicable in respect of the transaction.
The particular taxpayer to which the first paragraph refers, in relation to a taxation year for which tax consequences under this Act result from a transaction referred to in that paragraph, is
(a)  the taxpayer who carried out the transaction;
(b)  each taxpayer who is a member of the partnership that carried out the transaction, at the end of the partnership’s fiscal period that ends in the taxation year;
(c)  a corporation that is associated with the taxpayer or the partnership that carried out the transaction, at the time the transaction is carried out;
(d)  a corporation that is associated with a taxpayer who is a member of the partnership that carried out the transaction, at the time the transaction is carried out;
(e)  a person who is related to the taxpayer or the partnership that carried out the transaction, at the time the transaction is carried out; or
(f)  a person who is related to a taxpayer who is a member of the partnership that carried out the transaction, at the time the transaction is carried out.
However, the Minister may, in respect of a taxation year for which tax consequences under this Act result from a transaction referred to in the first paragraph, make a reassessment or an additional assessment under the first paragraph only to the extent that the reassessment or additional assessment may reasonably be considered to relate to those tax consequences.
2010, c. 25, s. 189.
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