Income Tax Severed Letters

Principal Issues: Whether the collection of an amount payable reflected on an assessment issued under subsection 160.1(3) for a recovery of an excess refund of a deemed overpayment of a Canada Emergency Rental Subsidy (or CERS) calculated under subsection 125.7(2.1) can be delayed under section 225.1 of the Act.

Position: Generally, yes, subject to exceptions.

Reasons: The recovery of an excess refund of a CERS deemed overpayment that is assessed under subsection 160.1(3) is an amount assessed under the Act. The grace period of collection that is available under subsection 225.1(1) or (2) would generally be available to a taxpayer that has been assessed an amount under subsection 160.1(3), up until 90 days after the notice of the assessment has been sent to the taxpayer. However, the exceptions for large corporations, as noted in subsection 225.1(7), or for collections that are considered in jeopardy, as noted in subsection 225.2(2), must be considered.