http://decisions.fca-caf.gc.ca/fca-caf/decisions/en/item/120072/index.do
1057513 Ontario Inc. v. Canada (September 28, 2015 – 2015 FCA 207, Gauthier, Webb (author), Near JJ. A.).
Précis: This is an appeal from a Tax Court decision blogged earlier on this site. The taxpayer applied for a refund of Part IV tax but had failed to file tax returns within the limitation period applicable to such refunds and the Tax Court dismissed the appeal. The taxpayer had no greater success in the Federal Court of Appeal and for the same reasons articulated by the Tax Court.
The appeal was dismissed with costs.
Decision: Unfortunately for the taxpayer it simply failed to comply with the provisions of the Income Tax Act:
[5] In this appeal the Appellant essentially repeated the arguments that it made before the Tax Court Judge. We are not persuaded that, under the applicable statutory interpretation principles, the Tax Court Judge committed any error in concluding that the requirement to file tax returns within three years from the end of the taxation year in which the dividend is paid as set out in subsection 129(1) of the Act is a condition that must be satisfied in order for the Appellant to receive the dividend refund under this subsection.
[6] In our view since the condition as set out in subsection 129(1) of the Act that precedes paragraphs (a) and (b) has not been satisfied, there would not be any amount that would be a dividend refund for any of the taxation years 1997 to 2004 in this case for the purposes of paragraph 129(3)(d) of the Act. Therefore, the refundable dividend tax on hand account balance of the Appellant is not reduced by the dividends that were paid during the 1997 to 2004 taxation years in relation to which no amounts were refunded under subsection 129(1) of the Act.
As a result the appeal was dismissed with costs.