The taxpayer failed to apply for its dividend refund for a taxation year within the three year time-limit, and its dividend refund that year was therefore denied. Hogan J. found that the taxpayers' RDTOH was not reduced by the amount of the unclaimed dividend refund. The ordinary meaning of "refund" is the repayment of a sum of money (paras. 33-34). The meaning of "dividend refund" likewise refers to an amount actually paid rather than the notional amount the taxpayer is entitled to apply for, because the alternative would be arbitrarily punitive (paras. 49-50).
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refundable dividend tax on hand not extinguished by three-year limitations period on dividend refund
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d7 import status
Drupal 7 entity type
Node
Drupal 7 entity ID
334031
Extra import data
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