Excise Tax Act — E-15 296
bsection 261(3) allowed the person to claim the rebate within four years after the person paid or remitted the amount in respect of which the rebate would be so payable; and (b) shall not be refunded under paragraph (3.1)(c) unless the allowable rebate would have been payable to the person as a rebate if the person had claimed it in an application under this Part filed on the day notice of the assessment is sent to the person, and, where the rebate is in respect of an amount that is being assessed, if the person had paid or remitted that amount. Deemed claim or application (5) Where, in assessing the net tax of a person or tax or any other amount payable by a person, the Minister takes an amount into account under subsection (2) or applies or refunds an amount under subsection (2.1), (3) or (3.1), (a) the person is deemed to have claimed the amount in a return or application filed under this Part; and (b) to the extent that an amount is applied against any tax or other amount payable or remittable by the person under this Part, the Minister is deemed to have refunded or paid the amount to the person and the person is deemed to have paid or remitted the tax or other amount against which it was applied. Refund on reassessment (6) Where a person has paid an amount on account of tax, net tax, penalty, interest or other amount assessed under this section and the amount paid exceeds the amount determined on reassessment to have been payable or remittable by the person, the Minister shall refund to the person the amount of the excess, together with interest thereon at the prescribed rate for the period beginning on the day the amount was paid by the person and ending on the day the refund is paid. Interest on cancelled amounts (6.1) Despite subsection (6), if a person has paid an amount of interest or penalty and the Minister cancels that amount under section 281.1, the Minister shall refund the amount to the person, together with interest on the amount at the prescribed rate for the period beginning on the day that is 30 days after the day on which the Minister received a request in a manner satisfactory to the Minister to apply that section and ending on the day on which the refund is paid. Restriction on refunds (7) An amount under this section shall not be refunded to a person at any time unless all returns of which the Minister has knowledge and that are required to be filed at or before that time by the person under this Act, the Income Tax Act , the Air Travellers Security Charge Act , the Excise Act, 2001 , the Underused Housing Tax Act , the Select Luxury Items Tax Act and the Global Minimum Tax Act have been filed with the Minister. Meaning of overpayment of net tax (8) In this section, overpayment of net tax of a person for a reporting period of the person means the amount, if any, by which the total of (a) all amounts remitted by the person on account of net tax for the period, and (b) where the net tax for the period is negative, the net tax refund for the period, exceeds the total of (c) where the net tax for the period is positive, the net tax for the period, and (d) all amounts paid to the person as a net tax refund for the period. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1990, c. 45, s. 12; 1993, c. 27, s. 129; 1997, c. 10, ss. 78, 237; 2006, c. 4, s. 151; 2017, c. 33, s. 147 2022, c. 5, s. 19 2022, c. 10, s. 145 2022, c. 10, s. 173 2024, c. 15, s. 106 2024, c. 17, s. 90 2024, c. 17, s. 111 2026, c. 3, s. 137