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Rio Tinto Alcan inc. c. La Reine, 2014 CCI (Favreau) — If CRA reassesses you to increase a previous assessment, you may need to file another objection

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“[15]        Case law and commentary are plentiful in the taking the same view in the situation where the revised taxable income of a taxpayer is increased taking account of prior adjustments, in that that constitutes a very clear indication for treating the assessment as being a “new assessment” instead of an “additional assessment”.  

“[17]       In the same way, the authors who have weighed on the distinction between a “new assessment” and an “additional assessment” consider that the increase in total taxable income on a notice of assessment indicates that it constitutes a new assessment and not an additional assessment …”  [My translation.]

The consequence for a taxpayer, especially a large corporation such as Rio Tinto, can be the need to file a separate objection or revise its Notice of Appeal.  (See e.g., ITA s. 162(7) for the basis for the distinction between the additional assessment or and a fresh reassessment.)  

See Rio Tinto Alcan inc. c. La Reine, 2014 CCI (Favreau) 

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