18 (1) Where a vendor fails to make a return or a remittance as required under this Act or if the returns are not substantiated by the vendor’s records, the Minister may make an assessment of the tax collected by such vendor for which the vendor has not accounted and such assessed amount shall thereupon be deemed to be the tax collected by the vendor.  R.S.O. 1990, c. R.31, s. 18 (1). Assessment on inspection (2) Where it appears from an inspection, audit or examination of the books of account, records or documents of any vendor, purchaser or registrant that this Act or the regulations have not been complied with, the person making the inspection, audit or examination shall calculate the tax collected by the vendor or payable by the purchaser or registrant or the penalty imposed by subsection 20 (3) in such manner and form and by such procedure as the Minister considers adequate and expedient, and the Minister shall assess the amount of the tax collected by the vendor or payable by the purchaser or registrant or the penalty imposed by subsection 20 (3), as the case may be.  R.S.O. 1990, c. R.31, s. 18 (2); 2001, c. 23, s. 194 (1). Assessment, four-year limitation (3) The Minister may assess or reassess any tax payable under this Act by a purchaser, other than a manufacturing contractor, or by a registrant within four years from the day such tax became payable.  2004, c. 31, Sched. 33, s. 3. Same, manufacturing contractor (3.0.1) The Minister may assess or reassess any tax payable by a manufacturing contractor under this Act within four years from the end of the manufacturing contractor’s fiscal year during which the tax became payable.  2004, c. 31, Sched. 33, s. 3. Exception, misrepresentation or fraud (3.0.2) Despite subsections (3) and (3.0.1), the Minister may assess or reassess a purchaser or registrant at any time if the purchaser or registrant has made any misrepresentation that is attributable to neglect, carelessness or wilful default, or has committed any fraud in making a return or in supplying any information under this Act or in omitting to disclose any information.  2004, c. 31, Sched. 33, s. 3. Exception, waiver of limitation (3.0.3) Despite subsections (3) and (3.0.1), the Minister may assess or reassess a purchaser or registrant at any time if the purchaser or registrant has filed with the Minister a waiver in a form approved by the Minister before the expiry of the time provided in subsection (3) or (3.0.1), as the case may be.  2004, c. 31, Sched. 33, s. 3. Revocation of waiver (3.0.4) If a purchaser or registrant files a waiver under subsection (3.0.3), the purchaser or registrant may file a notice of revocation of the waiver in a form approved by the Minister.  2004, c. 31, Sched. 33, s. 3. Effect of revocation (3.0.5) If a purchaser or registrant files a notice of revocation of the waiver under subsection (3.0.4), the Minister shall not issue an assessment or reassessment under subsection (3) or (3.0.1), as the case may be, in reliance on the waiver more than one year after the date on which the notice of revocation is filed.  2004, c. 31, Sched. 33, s. 3. Waiver, transitional (3.0.6) Despite subsections (3) and (3.0.1), if, before December 16, 2004, a person provided the Minister with a written waiver of the time limit, the Minister may assess or reassess the person at any time in respect of the period to which the waiver applies, and subsections (3.0.4) and (3.0.5) apply with necessary modifications in respect of the waiver.  2005, c. 31, Sched. 19, s. 6. Assessment re amounts held in trust (3.1) The Minister may assess the amount that a person is responsible to pay under the following provisions, and the assessed amount shall be deemed to be tax collectable, collected or payable, as the case may be, by the person: 1.  Subsection 6 (2), as it read on June 30, 2011, in respect of a sale in bulk described in subsection 6 (6). 2.  Subsection 6 (5), in respect of a sale in bulk to which section 6 applies. 2013, c. 2, Sched. 12, s. 2. Same (3.2) The Minister may assess the amount for which a person is liable under subsection 22 (6) and the assessed amount shall be deemed to be tax collected or collectable, as the case may be, by the person.  2001, c. 23, s. 194 (3). Notice of assessment under subs. (1) (4) Where the Minister has made an assessment under subsection (1), he or she may send by prepaid mail or by personal service a notice of assessment to the vendor, requiring that the amount of the assessment made under subsection (1), be remitted to the Minister or otherwise accounted for.  R.S.O. 1990, c. R.31, s. 18 (4); 1994, c. 13, s. 8 (1). Notice of assessment (5) The Minister shall deliver by prepaid mail or personal service a notice of the assessment made under this section to the person assessed, at the person’s latest known address, and if the person has more than one address, one of which is in Ontario, the notice shall be sent to the address in Ontario.  2001, c. 23, s. 194 (4). Continuation of liability for tax (6) Liability for tax imposed by this Act is not affected by an incorrect or incomplete assessment or by the fact that no assessment has been made.  R.S.O. 1990, c. R.31, s. 18 (6). Minister not bound by returns (7) The Minister is not bound by a return or information delivered by or on behalf of any person under this Act and may, despite a return or information so delivered or if no return or information has been delivered, assess the tax payable under this Act.  R.S.O. 1990, c. R.31, s. 18 (7). Assessment valid and binding (8) An assessment, subject to being varied or vacated on an objection or appeal and subject to a reassessment, shall be deemed to be valid and binding despite any error, defect or omission therein or in any proceeding under this Act relating thereto.  R.S.O. 1990, c. R.31, s. 18 (8). Payment (9) Every person assessed under this section shall pay to the Minister the amount assessed whether or not an objection to, or an appeal from, the assessment is outstanding.  1994, c. 13, s. 13. Section Amendments with date in force (d/m/y) 1994, c. 13, s. 8 (1), 13 - 23/06/1994; 1996, c. 29, s. 30 - 09/12/1996 2001, c. 23, s. 194 (1, 2, 4) - 01/10/2001; 2001, c. 23, s. 194 (3)
- 05/12/2001 2004, c. 31, Sched. 33, s. 3 - 16/12/2004 2005, c. 31, Sched. 19, s. 6 - 16/12/2004 2013,  c. 2, Sched. 12, s. 2 - 30/06/2011