Can the Minister may make a determination respecting a partnership information return for a fiscal year beyond the limitation period provided by s. 152(1.4) where no determination was made prior to the end of this period? CRA responded:
In situations where the partnership return has been filed and the Minister has not made a determination within the timeframe provided by subsection 152(1.4), a determination can only be made if one of the exceptions in 152(4) is applicable. In that regard, if a waiver is filed under subparagraph 152(4)(a)(ii) within the three-year period provided by subsection 152(1.4), the period within which the Minister may make a determination may be extended.
…In our view, as noted in our document 2005-011196, the Minister may reassess a partner’s return of income without making a determination in respect of the partnership under 152(1.4) of the Act provided the partner’s taxation year is not statute-barred.