sec.17Commissioner’s general power to make reassessments

sec.17 Commissioner’s general power to make reassessments

Subject to sections 21 and 22 , the commissioner may, at any time, make a reassessment of a taxpayer’s liability for tax. However, the commissioner may make a reassessment of a taxpayer’s liability assessed under a compromise assessment only— with the taxpayer’s written agreement; or if the commissioner reasonably believes the compromise assessment was— obtained by fraud; or made on the basis of a false or misleading statement or there was a failure to give material information. The commissioner may make a reassessment under subsection (1) even if any of the following has started but not yet been decided— an objection against the assessment or a related royalty valuation decision; an appeal against, or review of, the commissioner’s decision on an objection mentioned in paragraph (a) . The commissioner can not be compelled to make a reassessment under subsection (1) decreasing a taxpayer’s liability for tax. The commissioner’s decision not to make a reassessment of a taxpayer’s liability for tax is a non-reviewable decision. s 17 amd 2009 No. 24 s 1880 ; 2020 No. 30 s 112 (sec.17-ssec.1) Subject to sections 21 and 22 , the commissioner may, at any time, make a reassessment of a taxpayer’s liability for tax. (sec.17-ssec.2) However, the commissioner may make a reassessment of a taxpayer’s liability assessed under a compromise assessment only— with the taxpayer’s written agreement; or if the commissioner reasonably believes the compromise assessment was— obtained by fraud; or made on the basis of a false or misleading statement or there was a failure to give material information. (sec.17-ssec.3) The commissioner may make a reassessment under subsection (1) even if any of the following has started but not yet been decided— an objection against the assessment or a related royalty valuation decision; an appeal against, or review of, the commissioner’s decision on an objection mentioned in paragraph (a) . (sec.17-ssec.4) The commissioner can not be compelled to make a reassessment under subsection (1) decreasing a taxpayer’s liability for tax. (sec.17-ssec.5) The commissioner’s decision not to make a reassessment of a taxpayer’s liability for tax is a non-reviewable decision.

• (a) with the taxpayer’s written agreement; or
• (b) if the commissioner reasonably believes the compromise assessment was— (i) obtained by fraud; or (ii) made on the basis of a false or misleading statement or there was a failure to give material information.
• (i) obtained by fraud; or
• (ii) made on the basis of a false or misleading statement or there was a failure to give material information.
• (i) obtained by fraud; or
• (ii) made on the basis of a false or misleading statement or there was a failure to give material information.