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(A) if the assessment is in respect of net
tax for the particular reporting period,
the day on or before which the return
under Division V for the particular
period was required to be filed, or
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(B) if the assessment is in respect of an
overdue amount, the day on which the
overdue amount became payable by
the person,
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the person defaulted in paying or
remitting under this Part and that remains
unpaid or unremitted on the day notice of
the assessment is sent to the person,
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as if the person had, on the particular day,
paid or remitted the amount so applied on
account of the outstanding amount;
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(i) all or part of the allowable rebate that
was not applied under subsection (2.1) or
paragraph (a) together with interest
thereon at the prescribed rate, computed
for the period beginning on the day that
is twenty-one days after the later of
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(A) the particular day, and
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(B) where the assessment is in respect
of net tax for the particular reporting
period, the day on which the return for
the particular reporting period was
filed,
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and ending on the day on which the
person defaulted in paying or remitting
the outstanding amount referred to in
subparagraph (ii)
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(ii) any amount (in this paragraph
referred to as the ``outstanding amount'')
that, on a day (in this paragraph referred
to as the ``later day'') after the particular
day, the person defaulted in paying or
remitting under this Part and that remains
unpaid or unremitted on the day notice of
the assessment is sent to the person,
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as if the person had, on the later day, paid the
amount and interest so applied on account
of the outstanding amount; and
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(c) refund to the person that part of the
allowable rebate that was not applied under
any of subsection (2.1) and paragraphs (a)
and (b) together with interest thereon at the
prescribed rate, computed for the period
beginning on the day that is twenty-one
days after the later of
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(i) the particular day, and
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(ii) where the assessment is in respect of
net tax for the particular reporting period,
the day on which the return for the
particular period was filed,
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and ending on the day the refund is paid to
the person.
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| Limitation on
refunding
overpayments
|
(4) An overpayment of net tax for a
particular reporting period of a person and
interest thereon under paragraphs (3)(b) and
(c)
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(a) shall not be applied under paragraph
(3)(b) against an amount (in this paragraph
referred to as the ``outstanding amount'')
that is payable or remittable by the person
unless the input tax credit or deduction to
which the overpayment is attributable
would have been allowed as an input tax
credit or deduction, as the case may be, in
determining the net tax for another
reporting period of the person if the person
had claimed the input tax credit or
deduction in a return under Division V filed
on the day the person defaulted in paying or
remitting the outstanding amount and the
person were not a specified person for the
purposes of subsection 225(4); and
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(b) shall not be refunded under paragraph
(3)(c) unless
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(i) the input tax credit or deduction would
have been allowed as an input tax credit
or deduction, as the case may be, in
determining the net tax for another
reporting period of the person if the
person had claimed the input tax credit or
deduction in a return under Division V
filed on the day notice of the assessment
is sent to the person, and
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(ii) the person has filed all returns under
Division V that the person was required
to file with the Minister before the day
notice of the assessment is sent to the
person.
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| Limitation on
refunding
allowable
rebates
|
(4.1) An allowable rebate referred to in
subsection (2.1) or a part thereof that was not
applied under that subsection and interest
thereon under paragraphs (3.1)(b) and (c)
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(a) shall not be applied under paragraph
(3.1)(b) against an amount (in this
paragraph referred to as the ``outstanding
amount'') that is payable or remittable by a
person unless the allowable rebate would
have been payable to the person as a rebate
if the person had claimed it in an application
under this Part filed on the day the person
defaulted in paying or remitting the
outstanding amount and, in the case of a
rebate under section 261, if subsection
261(3) allowed the person to claim the
rebate within four years after the person
paid or remitted the amount in respect of
which the rebate would be so payable; and
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(b) shall not be refunded under paragraph
(3.1)(c) unless
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(i) the allowable rebate would have been
payable to the person as a rebate if the
person had claimed it in an application
under this Part filed on the day notice of
the assessment is sent to the person and,
where the rebate is in respect of an
amount that is being assessed, if the
person had paid or remitted that amount,
and
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(ii) the person has filed all returns under
Division V that the person was required
to file with the Minister before the day
notice of the assessment is sent to the
person.
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| Deemed claim
or application
|
(5) Where, in assessing the net tax of a
person or tax or any other amount payable by
a person, the Minister takes an amount into
account under subsection (2) or applies or
refunds an amount under subsection (2.1), (3)
or (3.1),
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(a) the person is deemed to have claimed the
amount in a return or application filed under
this Part; and
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(b) to the extent that an amount is applied
against any tax or other amount payable or
remittable by the person under this Part, the
Minister is deemed to have refunded or paid
the amount to the person and the person is
deemed to have paid or remitted the tax or
other amount against which it was applied.
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(3) Subsection (1) comes into force on
royal assent except that paragraph
296(1)(e) of the Act, as enacted by that
subsection, shall, before April 1, 1997, be
read without reference to ``subsection
177(1.1) or''.
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(4) Subsection (2) is deemed to have come
into force on July 1, 1996.
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| 1990, c. 45,
s. 12(1)
|
79. (1) Paragraph 298(1)(b) of the Act is
replaced by the following:
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(b) in the case of an assessment of tax
payable by the person under Division II in
respect of a supply of real property made by
way of sale to that person by a supplier in
circumstances in which subsection 221(2)
applies, more than four years after the later
of the day on or before which the person was
required to file the return in which that tax
was required to be reported and the day the
return was filed;
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| 1990, c. 45,
s. 12(1)
|
(2) Paragraph 298(1)(d) of the Act is
replaced by the following:
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(d) in the case of an assessment of tax
payable by the person under Division IV,
more than four years after the later of the
day on or before which the person was
required to file the return in which that tax
was required to be reported and the day the
return was filed;
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| 1993, c. 27,
s. 131(2)
|
(3) Paragraph 298(1)(f) of the Act is
replaced by the following:
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(f) in the case of an assessment of an amount
for which a person became liable under
subsection 177(1.1), section 266 or 267.1,
subsection 270(4) or Subdivision b.1 of
Division VII, more than four years after the
person became liable; and
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(4) Subsection (3) comes into force on
royal assent except that paragraph
298(1)(f) of the Act, as enacted by that
subsection, shall, before April 1, 1997, be
read without reference to ``subsection
177(1.1),''.
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80. Section 299 of the Act is amended by
adding the following after subsection (3):
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Binding effect
where
unincorpo-
rated body
|
(3.1) Where a person (referred to in this
subsection as the ``body'') that is not an
individual or a corporation is assessed in
respect of any matter,
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(a) the assessment is not invalid only
because one or more other persons (each of
which is referred to in this subsection as a
``representative'') who are liable for
obligations of the body did not receive a
notice of the assessment;
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(b) the assessment is binding on each
representative of the body, subject to a
reassessment of the body and the rights of
the body to object to or appeal from the
assessment under this Part; and
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(c) an assessment of a representative in
respect of the same matter is binding on the
representative subject only to a
reassessment of the representative and the
rights of the representative to object to or
appeal from the assessment of the
representative under this Part on the
grounds that the representative is not a
person who is liable to pay or remit an
amount to which the assessment of the body
relates, the body has been reassessed in
respect of that matter or the assessment of
the body in respect of that matter has been
vacated.
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|
| 1990, c. 45,
s. 12(1)
|
81. Subsection 300(2) of the Act is
replaced by the following:
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| Scope of
notice
|
(2) A notice of assessment may include
assessments in respect of any number or
combination of reporting periods,
transactions, rebates or amounts payable or
remittable under this Part.
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|
82. (1) Section 301 of the Act is amended
by adding the following before subsection
(1) and by renumbering subsection (1) as
subsection (1.1):
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| Meaning of
``specified
person''
|
301. (1) Where an assessment is issued to a
person in respect of net tax for a reporting
period of the person, an amount (other than net
tax) that became payable or remittable by the
person during a reporting period of the person
or a rebate of an amount paid or remitted by
the person during a reporting period of the
person, for the purposes of this section, the
person is a ``specified person'' in respect of the
assessment or a notice of objection to the
assessment if
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(a) the person was a listed financial
institution described in any of
subparagraphs 149(1)(a)(i) to (x) during
that reporting period; or
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(b) the person was not a charity during that
reporting period and the person's threshold
amounts, determined in accordance with
subsection 249(1), exceed $6 million for
both the person's fiscal year that includes
the reporting period and the person's
previous fiscal year.
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(2) Section 301 of the Act is amended by
adding the following after subsection (1.1)
as renumbered by subsection (1):
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| Issue to be
decided
|
(1.2) Where a person objects to an
assessment in respect of which the person is a
specified person, the notice of objection shall
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(a) reasonably describe each issue to be
decided;
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(b) specify in respect of each issue the relief
sought, expressed as the change in any
amount that is relevant for the purposes of
the assessment; and
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(c) provide the facts and reasons relied on
by the person in respect of each issue.
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| Late
compliance
|
(1.3) Notwithstanding subsection (1.2),
where a notice of objection filed by a person
to whom that subsection applies does not
include the information required by paragraph
(1.2)(b) or (c) in respect of an issue to be
decided that is described in the notice, the
Minister may in writing request the person to
provide the information, and those paragraphs
shall be deemed to be complied with in respect
of the issue if, within 60 days after the request
is made, the person submits the information in
writing to the Minister.
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| Limitation on
objections
|
(1.4) Notwithstanding subsection (1.1),
where a person has filed a notice of objection
to an assessment (in this subsection referred to
as the ``earlier assessment'') in respect of
which the person is a specified person and the
Minister makes a particular assessment under
subsection (3) pursuant to the notice of
objection, except where the earlier assessment
was made under subsection 274(8) or in
accordance with an order of a court vacating,
varying or restoring an assessment or referring
an assessment back to the Minister for
reconsideration and reassessment, the person
may object to the particular assessment in
respect of an issue
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(a) only if the person complied with
subsection (1.2) in the notice with respect to
that issue; and
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(b) only with respect to the relief sought in
respect of that issue as specified by the
person in the notice.
|
|
| Application of
subsection
(1.4)
|
(1.5) Where a person has filed a notice of
objection to an assessment (in this subsection
referred to as the ``earlier assessment'') and
the Minister makes a particular assessment
under subsection (3) pursuant to the notice of
objection, subsection (1.4) does not limit the
right of the person to object to the particular
assessment in respect of an issue that was part
of the particular assessment and not part of the
earlier assessment.
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|
| Limitation on
objections
|
(1.6) Notwithstanding subsection (1.1), no
objection may be made by a person in respect
of an issue for which the right of objection has
been waived in writing by the person.
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(3) Subsections 301(1) to (1.5) of the Act,
as enacted by subsections (1) and (2), apply
to any assessment notice of which is issued
after April 1996 (other than an assessment
the notice of which is issued after that
month under subsection 301(3) of the Act
pursuant to a notice of objection to an
assessment issued before May 1996) except
that, in their application to notices of
assessment issued before 1997, the
reference to ``charity'' in paragraphs
301(1)(b) of the Act, as enacted by
subsection (1), shall be read as a reference
to ``charity (other than a school authority,
a public college, a university, a hospital
authority or a local authority determined
under paragraph (b) of the definition
``municipality'' in subsection 123(1) to be a
municipality)''.
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(4) Subsection 301(1.6) of the Act, as
enacted by subsection (1), applies after
April 23, 1996 to waivers signed at any time.
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|
83. (1) The Act is amended by adding the
following after section 306:
|
|
| Limitation on
appeals to the
Tax Court
|
306.1 (1) Notwithstanding sections 302 and
306, where a person has filed a notice of
objection to an assessment in respect of which
the person is a specified person (within the
meaning assigned by subsection 301(1)), the
person may appeal to the Tax Court to have the
assessment vacated, or a reassessment made,
only with respect to
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(a) an issue in respect of which the person
has complied with subsection 301(1.2) in
the notice, or
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(b) an issue described in subsection
301(1.5) where the person was not required
to file a notice of objection to the
assessment that gave rise to the issue
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and, in the case of an issue described in
paragraph (a), the person may so appeal only
with respect to the relief sought in respect of
the issue as specified by the person in the
notice.
|
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| Idem
|
(2) Notwithstanding sections 302 and 306,
a person may not appeal to the Tax Court to
have an assessment vacated or varied in
respect of an issue for which the right of
objection or appeal has been waived in writing
by the person.
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(2) Subsection 306.1(1) of the Act, as
enacted by subsection (1), applies to any
appeal, instituted after the day this Act is
assented to, in respect of an assessment
notice of which is issued after April 1996
(other than an assessment the notice of
which is issued after that month under
subsection 301(3) of the Act pursuant to a
notice of objection to an assessment issued
before May 1996).
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(3) Subsection 306.1(2) of the Act, as
enacted by subsection (1), applies after the
day this Act receives royal assent to waivers
signed at any time.
|
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|
84. (1) Section 335 of the Act is amended
by adding the following after subsection
(12):
|
|
| Proof of
return
|
(12.1) For the purposes of this Part, a
document presented by the Minister
purporting to be a print-out of the information
in respect of a person received under section
278.1 by the Minister shall be received as
evidence and, in the absence of evidence to the
contrary, is proof of the return filed by the
person under that section.
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(2) Subsection (1) applies after
September 1994.
|
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|
84.1 (1) Section 336 of the Act is amended
by adding the following after subsection (4):
|
|
| Self-supply of
residential
condominium
unit by
limited
partnership
|
(5) Where
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(a) an offering memorandum, in respect of
an offer to sell interests in a limited
partnership, is issued to prospective
subscribers before October 14, 1989,
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(b) at the time the offering memorandum is
issued, it is proposed that the limited
partnership will exclusively engage in the
activities of acquiring land or a beneficial
interest therein, constructing a
condominium complex on the land, owning
residential condominium units located in
the complex and supplying those units by
way of lease, licence or similar
arrangement for the purpose of their
occupancy by individuals as places of
residence,
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(c) the offering memorandum does not
provide for an increase in the subscription
prices of the interests in the partnership
because of a change in the application of
taxes and those subscription prices are not
increased after October 13, 1989 and before
the offer to sell the interests expires,
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(d) a particular interest in the limited
partnership is transferred to a subscriber
before 1991 in accordance with the offering
memorandum,
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(e) the limited partnership, whether or not in
concert with another person,
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(i) acquires ownership of land or a
beneficial interest therein before 1991,
and
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(ii) engages a person to construct a
condominium complex on that land
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under agreements in writing entered into
before October 14, 1989 or under
agreements in writing entered into on or
after that date that substantially conform
with terms and conditions relating to those
agreements as set out in the offering
memorandum,
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(f) the particular interest relates to a
particular residential condominium unit
that is owned by the limited partnership and
is located in the condominium complex,
and
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