Principal Issues: Where a taxpayer request to amend a return of income is denied, which results in no change to any element of the return and no change is made to tax payable previously assessed, is the notice of a denial of the request a reassessment to which the objection rights provide by subsection 165(1) of the Income Tax Act are applicable.
Position: No.
Reasons: Adjustments to a return as filed that are denied, and therefore do not result in a change to taxable income and tax payable for the year in question, do not require a reassessment of the return by the Minister. In addition, where a Notice of Reassessment is issued by the Minister that does not indicate a change of the taxable income or tax payable previous assessed, this is a repetition of the previous assessment, and does not constitute a reassessment of the tax liability. According to the provisions of 165(1) of the Income Tax Act, the taxpayer has the right to object to an assessment (or reassessment). Therefore, where there has not been a reassessment or where there is a repetition of a previous assessment the taxpayer has no right to object.