VIII, s. 98(3)]Marginal note:Validity of reassessment(5)The limitations imposed under subsections 152(4) and 152(4.01) do not apply to a reassessment made under subsection 165(3).Marginal note:Validity of notice of objection(6)The Minister may accept a notice of objection served under this section that was not served in the manner required by subsection 165(2).Marginal note:Notice of objection not required(7)Where a taxpayer has served in accordance with this section a notice of objection to an assessment and thereafter the Minister reassesses the tax, interest, penalties or other amount in respect of which the notice of objection was served or makes an additional assessment in respect thereof and sends to the taxpayer a notice of the reassessment or of the additional assessment, as the case may be, the taxpayer may, without serving a notice of objection to the reassessment or additional assessment,(a)appeal therefrom to the Tax Court of Canada in accordance with section 169; or(b)amend any appeal to the Tax Court of Canada that has been instituted with respect to the assessment by joining thereto an appeal in respect of the reassessment or the additional assessment in such manner and on such terms, if any, as the Tax Court of Canada directs.
(a)if the assessment is in respect of the taxpayer for a taxation year and the taxpayer is an individual (other than a trust) or a graduated rate estate for the year, on or before the later of(i)the day that is one year after the taxpayer’s filing-due date for the year, and(ii)the day that is 90 days after the day of sending of the notice of assessment; and(b)in any other case, on or before the day that is 90 days after the day of sending of the notice of assessment.
(i)the day that is one year after the taxpayer’s filing-due date for the year, and(ii)the day that is 90 days after the day of sending of the notice of assessment; and
(a)under subsection 67.5(2) or 152(1.8), subparagraph 152(4)(b)(i) or subsection 152(4.3) or (6), 161.1(7), 164(4.1), 220(3.4) or 245(8) or in accordance with an order of a court vacating, varying or restoring an assessment or referring the assessment back to the Minister for reconsideration and reassessment,(b)under subsection 165(3) where the underlying objection relates to an assessment or a determination made under any of the provisions or circumstances referred to in paragraph 165(1.1)(a), or(c)under a provision of an Act of Parliament requiring an assessment to be made that, but for that provision, would not be made because of subsections 152(4) to 152(5),
(d)where the assessment or determination was made under subsection 152(1.8), as relating to any matter or conclusion specified in paragraph 152(1.8)(a), 152(1.8)(b) or 152(1.8)(c), and(e)in any other case, as relating to any matter that gave rise to the assessment or determination
(a)reasonably describe each issue to be decided;(b)specify in respect of each issue, the relief sought, expressed as the amount of a change in a balance (within the meaning assigned by subsection 152(4.4)) or a balance of undeducted outlays, expenses or other amounts of the corporation; and(c)provide facts and reasons relied on by the corporation in respect of each issue.
(a)only if the corporation complied with subsection 165(1.11) in the notice with respect to that issue; and(b)only with respect to the relief sought in respect of that issue as specified by the corporation in the notice.
(a)designated for that purpose in the information return made under section 229 of theIncome Tax Regulationsfor the fiscal period; or(b)otherwise expressly authorized by the partnership to so act.
(a)appeal therefrom to the Tax Court of Canada in accordance with section 169; or(b)amend any appeal to the Tax Court of Canada that has been instituted with respect to the assessment by joining thereto an appeal in respect of the reassessment or the additional assessment in such manner and on such terms, if any, as the Tax Court of Canada directs.
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]R.S., 1985, c. 1 (5th Supp.), s. 1651994, c. 7, Sch