- (a) the amount of refund, if any, to which the taxpayer may be entitled by virtue of section 129, 131, 132 or 133 for the year; or
- (b) the amount of tax, if any, deemed by any of subsections 120(2) or (2.2), 122.5(3) to (3.003), 122.51(2), 122.7(2) or (3), 122.72(1), 122.8(4), 122.9(2), 122.91(1), 125.4(3), 125.5(3), 125.6(2) or (2.1), 127.1(1), 127.41(3) or 210.2(3) or (4) to be paid on account of the taxpayer’s tax payable under this Part for the year.
- (a) shall, in the case of a determination under subsection 245(8), determine any amount that is, or could at a subsequent time be, relevant for the purposes of computing the income, taxable income or taxable income earned in Canada of, tax or other amount payable by, or amount refundable to, the taxpayer under this Act;
- (b) may, in any case not described in paragraph (a), determine any amount referred to in paragraph (a); and
- (c) shall, if a determination is made under this subsection, send to the taxpayer, with all due dispatch, a notice of determination stating the amount so determined.
- (a) subsections (1) and (2) do not apply to determinations made under subsections (1.01), (1.1) and (1.11);
- (b) an original determination of a taxpayer’s non-capital loss, net capital loss, restricted farm loss, farm loss or limited partnership loss for a taxation year may be made by the Minister only at the request of the taxpayer;
- (c) subsection 164(4.1) does not apply to a determination made under subsection 152(1.4); and
- (d) the Minister determines the amount deemed by any of subsections 122.5(3) to (3.003), 122.72(1) or 122.8(4) to have been paid by an individual for a taxation year to be nil, subsection (2) does not apply to the determination unless the individual requests a notice of determination from the Minister.
- (a) the day on or before which a member of a partnership is, or but for subsection 220(2.1) would be, required under section 229 of the Income Tax Regulations to make an information return for a fiscal period of the partnership, and
- (b) the day the return is filed,
determine any income or loss of the partnership for the fiscal period and any deduction or other amount, or any other matter, in respect of the partnership for the fiscal period that is relevant in determining the income, taxable income or taxable income earned in Canada of, tax or other amount payable by, or any amount refundable to or deemed to have been paid or to have been an overpayment by, any member of the partnership for any taxation year under this Part.
- (a) subject to the rights of objection and appeal of the member of the partnership referred to in subsection 165(1.15) in respect of the determination or redetermination, the determination or redetermination is binding on the Minister and each member of the partnership for the purposes of calculating the income, taxable income or taxable income earned in Canada of, tax or other amount payable by, or any amount refundable to or deemed to have been paid or to have been an overpayment by, the members for any taxation year under this Part; and
- (b) notwithstanding subsections 152(4), 152(4.01), 152(4.1) and 152(5), the Minister may, before the end of the day that is one year after the day on which all rights of objection and appeal expire or are determined in respect of the determination or redetermination, assess the tax, interest, penalties or other amounts payable and determine an amount deemed to have been paid or to have been an overpayment under this Part in respect of any member of the partnership and any other taxpayer for any taxation year as may be necessary to give effect to the determination or redetermination or a decision of the Tax Court of Canada, the Federal Court of Appeal or the Supreme Court of Canada.
- (a) as relating to any matter that was relevant in the making of the determination made under subsection 152(1.4);
- (b) as resulting from the conclusion that the partnership did not exist for the period; or
- (c) as resulting from the conclusion that the person was, throughout the period, not a member of the partnership.
- (a) designated for that purpose in the information return made under section 229 of the Income Tax Regulations for the fiscal period; or
- (b) otherwise expressly authorized by the partnership to so act.
- (a) if at the end of the year the taxpayer is a mutual fund trust or a corporation other than a Canadian-controlled private corporation, the period that ends four years after the earlier of the day of sending of a notice of an original assessment under this Part in respect of the taxpayer for the year and the day of sending of an original notification that no tax is payable by the taxpayer for the year; and
- (b) in any other case, the period that ends three years after the earlier of the day of sending of a notice of an original assessment under this Part in respect of the taxpayer for the year and the day of sending of an original notification that no tax is payable by the taxpayer for the year.
- (a) the taxpayer or person filing the return
- (i) has made any misrepresentation that is attributable to neglect, carelessness or wilful default or has committed any fraud in filing the return or in supplying any information under this Act, or
- (ii) has filed with the Minister a waiver in prescribed form within the normal reassessment period for the taxpayer in respect of the year;
- (i) is required under subsection (6) or (6.1), or would be so required if the taxpayer had claimed an amount by filing the prescribed form referred to in the subsection on or before the day referred to in the subsection,
- (ii) is made as a consequence of the assessment or reassessment pursuant to this paragraph or subsection 152(6) of tax payable by another taxpayer,
- (iii) is made
- (A) as a consequence of a (as defined in subsection 247(1)) involving the taxpayer and a non-resident person with whom the taxpayer was not dealing at arm’s length, or
- (B) in respect of any income, loss or other amount in relation to a foreign affiliate of the taxpayer,
- (A) an allocation by the taxpayer of revenues or expenses as amounts in respect of the Canadian business (other than revenues and 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
- (B) a notional transaction between the taxpayer and its Canadian business, where the transaction is recognized for the purposes of the computation of an amount under this Act or an applicable tax treaty.
- (i) the taxpayer, or a partnership of which the taxpayer is a member, has failed to file for the year a prescribed form as and when required under subsection 233.3(3) or to report on the prescribed form the information required in respect of a specified foreign property (as defined in subsection 233.3(1)) held by the taxpayer at any time during the year, and
- (ii) the taxpayer has failed to report, in the return of income for the year, an amount in respect of a specified foreign property that is required to be included in computing the taxpayer’s income for the year;
- (i) the taxpayer, or a partnership of which the taxpayer is a member (directly or indirectly through one or more partnerships), disposes in the year of real or immovable property,
- (ii) the taxpayer is not a (as defined in subsection 122.1(1)) for the year,
- (iii) if the disposition is by a corporation or partnership, the property is capital property of the corporation or partnership, as the case may be,
- (iv) the disposition is not reported in
- (A) if the disposition is by the taxpayer, the return of income of the taxpayer under this Part for the year, or
- (B) if the disposition is by a partnership, the partnership’s return required to be filed for the year under section 229 of the Income Tax Regulations , and
- (i) a reassessment of tax for the year was required under subsection (6), or would have been so required if the taxpayer had claimed an amount by filing the prescribed form referred to in that subsection on or before the day referred to in that subsection, in order to take into account a deduction claimed under section 111 in respect of a loss for a subsequent taxation year,
- (ii) an assessment, reassessment, additional assessment of tax or notification that no tax is payable for the subsequent taxation year referred to in subparagraph (i) was made or issued after the normal reassessment period in respect of the subsequent taxation year as a consequence of a transaction involving the taxpayer and a non-resident person with whom the taxpayer was not dealing at arm’s length, and
- (iii) the assessment, reassessment, additional assessment or notification that no tax is payable referred to in subparagraph (ii) reduced the amount of the loss for the subsequent taxation year;
- (i) in the case of a taxpayer described in paragraph (3.1)(a), four years after the day on which the information return is filed, or
- (ii) in any other case, three years after the day on which the information return is filed;
- (i) in the case of a taxpayer described in paragraph (3.1)(a), four years after the day on which the information return is filed, or
- (ii) in any other case, three years after the day on which the information return is filed;
- (i) in the case of a taxpayer described in paragraph (3.1)(a), four years after the day on which the information return is filed, or
- (ii) in any other case, three years after the day on which the information return is filed;
- (i) the day on which the Minister is advised of the provincial reassessment, and
- (ii) the day that is 90 days after the day of sending of a notice of the provincial reassessment.
- (a) where paragraph 152(4)(a) applies to the assessment, reassessment or additional assessment,
- (i) any misrepresentation made by the taxpayer or a person who filed the taxpayer’s return of income for the year that is attributable to neglect, carelessness or wilful default or any fraud committed by the taxpayer or that person in filing the return or supplying any information under this Act, or
- (ii) a matter specified in a waiver filed with the Minister in respect of the year;
- (i) the assessment, reassessment or additional assessment to which subparagraph 152(4)(b)(i) applies,
- (ii) the assessment or reassessment referred to in subparagraph 152(4)(b)(ii),
- (iii) the transaction, income, loss or other amount referred to in subparagraph (4)(b)(iii),
- (iv) the payment or reimbursement referred to in subparagraph 152(4)(b)(iv),
- (v) the reduction referred to in subparagraph 152(4)(b)(v),
- (vi) the application referred to in subparagraph 152(4)(b)(vi),
- (vii) the deduction or claim referred to in paragraph (4)(b.1),
- (viii) the reportable transaction referred to in paragraph (4)(b.5),
- (ix) the notifiable transaction referred to in paragraph (4)(b.6), or
- (x) any transaction, or series of transactions, to which the reportable uncertain tax treatment referred to in paragraph (4)(b.7) relates;
- (a) reassess tax, interest or penalties payable under this Part by the taxpayer in respect of that year; and
- (b) redetermine the amount, if any, deemed by any of subsections 120(2) or (2.2), 122.5(3) to (3.003), 122.51(2), 122.7(2) or (3), 122.8(4), 122.9(2), 122.91(1), 127.1(1), 127.41(3) or 210.2(3) or (4) to be paid on account of the taxpayer’s tax payable under this Part for the year or deemed by subsection 122.61(1) to be an overpayment on account of the taxpayer’s liability under this Part for the year.
- (a) a deduction under paragraph 3(e) of the Income Tax Act , chapter 148 of the Revised Statutes of Canada, 1952, by virtue of the taxpayer’s death in a subsequent taxation year and the consequent application of section 71 of that Act in respect of an allowable capital loss for the year,
- (b) a deduction under section 41 in respect of the taxpayer’s listed-personal-property loss for a subsequent taxation year,
- (b.1) a deduction under paragraph 60(i) in respect of a premium (within the meaning assigned by subsection 146(1)) paid in a subsequent taxation year under a registered retirement savings plan where the premium is deductible by reason of subsection 146(6.1),
- (c) a deduction under section 118.1 in respect of a gift made in a subsequent taxation year or under section 111 in respect of a loss for a subsequent taxation year,
- (c.1) [Repealed, 2013, c. 34, s. 309]
- (d) a deduction under subsection 127(5) in respect of property acquired or an expenditure made in a subsequent taxation year,
- (e) [Repealed, 2013, c. 34, s. 309]
- (f) a deduction under section 125.3 in respect of an unused Part I.3 tax credit (within the meaning assigned by subsection 125.3(3)) for a subsequent taxation year,
- (f.1) a deduction under subsection 126(2) in respect of an unused foreign tax credit (within the meaning assigned by subsection 126(7)), or under subsection 126(2.21) or (2.22) in respect of foreign taxes paid, for a subsequent taxation year,
- (f.2) a deduction under subsection 128.1(8) as a result of a disposition in a subsequent taxation year,
- (f.3) a deduction (including for the purposes of this subsection a reduction of an amount otherwise required to be included in computing a taxpayer’s income) under subsection 146(8.9) or (8.92), 146.3(6.2) or (6.3) or 147.5(14) or (19),
- (g) a deduction under subsection 147.2(4) because of the application of subsection 147.2(6) as a result of the taxpayer’s death in the subsequent taxation year, or
- (h) a deduction by virtue of an election for a subsequent taxation year under paragraph 164(6)(c) or 164(6)(d) by the taxpayer’s legal representative,
by filing with the Minister, on or before the day on or before which the taxpayer is, or would be if a tax under this Part were payable by the taxpayer for that subsequent taxation year, required by section 150 to file a return of income for that subsequent taxation year, a prescribed form amending the return, the Minister shall reassess the taxpayer’s tax for any relevant taxation year (other than a taxation year preceding the particular taxation year) in order to take into account the deduction claimed.
- (a) a taxpayer has filed for a particular taxation year the return of income required by section 150,
- (b) the amount included in computing the taxpayer’s income for the particular year under subsection 91(1) is subsequently reduced because of a reduction in the foreign accrual property income of a foreign affiliate of the taxpayer for a taxation year (referred to in this paragraph as the “claim year”) of the affiliate that ends in the particular year, if
- (i) the reduction is
- (A) attributable to a foreign accrual property loss (within the meaning assigned by subsection 5903(3) of the Income Tax Regulations ) of the affiliate for a taxation year of the affiliate that ends in a subsequent taxation year of the taxpayer, and
- (B) included in the description of F in the definition in subsection 95(1) in respect of the affiliate for the claim year, or
- (A) attributable to a foreign accrual capital loss (within the meaning assigned by subsection 5903.1(3) of the Income Tax Regulations ) of the affiliate for a taxation year of the affiliate that ends in a subsequent taxation year of the taxpayer, and
- (B) included in the description of F.1 in the definition in subsection 95(1) in respect of the affiliate for the claim year, and
the Minister shall reassess the taxpayer’s tax for any relevant taxation year (other than a taxation year preceding the particular year) in order to take into account the reduction in the amount included under subsection 91(1) in computing the income of the taxpayer for the particular year.
- (a) the taxpayer has filed for the particular taxation year the return of income required by section 150; and
- (b) the taxpayer files with the Minister a prescribed form amending the return, on or before the filing-due date for the taxpayer’s taxation year that
- (i) if the filing is in respect of paragraph (d) of that definition , includes the acquisition of control time referred to in that paragraph, and
- (ii) if the filing is in respect of subsection 142.6(1.6), immediately follows the particular taxation year.
- (a) there is relevant evidence that the taxpayer is no longer able to adduce without the leave of the court; and
- (b) it is not appropriate in the circumstances for the court to order that the evidence be adduced.
- (a) the end of the period during which the security is accepted by the Minister, if adequate security for the tax is accepted by the Minister under subsection 220(4.5) or (4.6); or
- (b) the amount is collected by the Minister, if information relevant to the assessment of the amount was provided to the Canada Revenue Agency under a contract entered into by a person under a program administered by the Canada Revenue Agency to obtain information relating to tax non-compliance.
- [NOTE: Application provisions are not included in the consolidated text
- see relevant amending Acts and regulations.]
- R.S., 1985, c. 1 (5th Supp.), s. 152
- 1994, c. 7, Sch. II, s. 125, Sch. VII, s. 15, Sch. VIII, s. 90, c. 8, s. 20, c. 21, s. 76
- 1995, c. 3, s. 46
- 1996, c. 21, s. 39
- 1998, c. 19, ss. 42, 181
- 1999, c. 22, s. 63.1
- 2000, c. 19, s. 44
- 2001, c. 17, s. 149
- 2002, c. 8, s. 184
- 2005, c. 19, s. 36
- 2007, c. 35, s. 48
- 2009, c. 2, s. 58
- 2010, c. 25, s. 38
- 2011, c. 15, s. 3
- 2012, c. 19, s. 10, c. 31, s. 39
- 2013, c. 34, ss. 15, 34, 74, 309, c. 40, s. 67
- 2014, c. 20, s. 22, c. 39, s. 55
- 2016, c. 7, s. 41, c. 12, s. 55
- 2017, c. 33, s. 62
- 2018, c. 27, s. 18
- 2019, c. 29, s. 32
- 2020, c. 5, s. 5
- 2020, c. 6, s. 3
- 2020, c. 11, s. 3
- 2020, c. 13, s. 3
- 2021, c. 23, s. 40
- 2022, c. 10, s. 17
- 2022, c. 13, s. 3
- 2022, c. 19, s. 36
- 2023, c. 11, s. 4
- 2023, c. 26, s. 49
- (i) the reduction is