Xco filed a s. 83(2) election in 2001, whose amount was excessive due to an amount in fact not having been an addition to its capital dividend account. No notice of assessment was made under Part III, nor was any notification that no Part III tax was payable ever issued.
The Directorate indicated that Xco should first be assessed for Part III tax respecting its 2001 taxation year, and that if Xco elects under s. 184(3), CRA should then assess the shareholders for the resulting taxable dividends under s. 184(3)(d), which it would be permitted to do by s. 184(4)(b)(ii) notwithstanding the normal reassessment period.