Subsection 244(14.1) of the Income Tax Act creates a presumption that a taxpayer has received a notice of assessment or reassessment on the day the CRA sends an email notifying the taxpayer that a document has been posted to the…
NONCs and the normal reassessment period
The revised rules for notices of non-compliance (NONCs) suspend the counting of days for determining the end of a notice reassessment period during which a judicial review of a NONC is pending regardless of the outcome. “A taxpayer considering whether…
Negligence for not reviewing return
In 994552 N.W.T. Ltd. v R, 2025 TCC 55, Mr Justice Bocock considered whether the taxpayer corporation was liable to be reassessed beyond the normal reassessment period for two taxation years and for gross negligence penalties for overclaimed capital cost…
Swiss bank account trouble
In Azmayesh-Fard v R, 2025 TCC 20, the Court considered whether the CRA had properly reassessed a taxpayer beyond the normal reassessment period and imposed gross negligence penalties for unreported income from a Swiss bank account and for failing to…
Source of income and the normal reassessment period
In Boles v R, 2024 TCC 167, the taxpayers incurred losses in respect of “Dog Activities” (breeding and selling purebred dogs and attending dog shows) and some rental properties. The Court concluded the CRA could not reassess statute-barred years for…
Reassessment outside the normal reassessment period
In Cheema v R, 2024 TCC 81, the Court held that the CRA was entitled to reassess beyond the normal reassessment period where the taxpayer provided no good explanation for a disposition of real property he did not report or…
Negligent misrepresentation
In Goldhar v R, 2023 TCC 30, the CRA alleged that certain transfers had conferred a benefit on the appellant in a total amount of about $5.5 million. The appellant argued that the transfers were inter-corporate loans that had not…
Valuations and the normal reassessment period
In Lauria v R, 2021 TCC 66, the taxpayers used a model from a shareholder agreement to value shares they sold to family trusts although an IPO of the issuer of the shares was imminent. The Court found that the…
Reassessment beyond the normal reassessment period
This article discusses Hansen v R, 2020 TCC 102. In our view, the Hansen decision is consistent with the four-part test established in Aridi v R, 2013 TCC 74. Mr. Hansen was aware that there was a PRE and that…
Taxpayer onus regarding limitation period
In Manna v R, 2019 TCC 70 (informal procedure) the Court held that the taxpayer has the onus to show when a normal reassessment period began if the taxpayer wishes to rely on the expiry of the period as a…