I-3 - Taxation Act

Section 1007.5 Disposition versions

2006-03-01

1007.5. Where, as a result of representations made to the Minister that a person was a member of a partnership for a fiscal period of the partnership, a determination is made under section 1007.1 in respect of the fiscal period and the Minister or, as part of a final judgment, the Court of Québec, the Court of Appeal or the Supreme Court of Canada concludes at a subsequent time that the partnership did not exist for the fiscal period or that, throughout the fiscal period, the person was not a member of the partnership, the Minister may, notwithstanding sections 1007 and 1010 to 1011, within one year after that subsequent time, assess the tax, interest, penalties or other amounts payable, or determine an amount deemed to have been paid or to have been an overpayment under this Part, by any taxpayer for any taxation year, but only to the extent that the assessment or determination can reasonably be regarded

(a)  as relating to any matter that was relevant in the making of the determination made under section 1007.1;

(b)  as resulting from the conclusion that the partnership did not exist for the fiscal period; or

(c)  as resulting from the conclusion that the person was, throughout the fiscal period, not a member of the partnership.

2000, c. 5, s. 238.