During its 1997 to 2004 taxation years, the taxpayer received dividends subject to Part IV tax, and paid dividends which, if its returns had been filed within the three year period specified in s. 129(1), would have generated a dividend refund for each year. However, it did not file those returns until 2008.
In confirming the denial of the dividend refunds, Webb JA affirmed (at para. 5) the finding below "that the requirement to file tax returns within three years from the end of the taxation year in which the dividend is paid… is a condition that must be satisfied in order for the Appellant to receive the dividend refund… ."
He then stated obiter that the unclaimed refunds did not reduce the taxpayer's refundable dividend tax on hand.
See summary under s. 129(3).