Section 81.13 — Excise Tax Act: Notice of assessment

After completing an assessment, otherwise than pursuant to subsection 81.15(4) or 81.38(1), the Minister shall send to the person assessed a notice of assessment in the prescribed form setting out the date of the assessment; the matter covered by the assessment; the amount owing or overpayment, if any, by the person assessed; a brief explanation of the assessment; and the period within which an objection to the assessment may be made under section 81.15. Where an assessment establishes that any tax, penalty, interest or other sum payable under this Act remains unpaid by the person assessed, the notice of assessment shall set out separately the taxes, penalties, interest and other sums payable and the aggregate thereof. Where an assessment establishes that an amount is payable pursuant to any of sections 68 to 68.29 to the person assessed, the notice of assessment shall set out the aggregate of the amounts payable. Where an assessment establishes that a credit is allowable pursuant to section 81.1 to the person assessed, the notice of assessment shall set out the aggregate of the credits allowable. Where an assessment establishes that no tax, penalty, interest or other sum payable under this Act remains unpaid by the person assessed, no amount is payable pursuant to any of sections 68 to 68.29 to the person assessed, or no credit is allowable pursuant to section 81.1 to the person assessed, in respect of the matter covered by the assessment, the notice of assessment shall contain a statement to that effect. For the purposes of determining the sums, amounts and credits referred to in subsections (2) to (5), where the assessment is a variation of an assessment, or a reassessment, no amount paid by the person assessed or the Minister on account of the amount owing or overpayment as set out in the notice of the original assessment or any subsequent assessment related thereto, and no amount deemed by subsection 81.14(2) to have been paid, shall be taken into consideration. For the purposes of this section and section 81.14, amount owing , in respect of a person assessed, means where the assessment is an original assessment, the amount by which the aggregate of all taxes, penalties, interest and other sums remaining unpaid by that person, as set out in the notice of assessment pursuant to subsection (2), exceeds the aggregate of all amounts payable to that person, as set out in the notice of assessment pursuant to subsection (3), and the credits allowable to that person, as set out in the notice of assessment pursuant to subsection (4), and where the assessment is a variation of an assessment, or a reassessment, the amount by which the amount obtained by subtracting the amount paid by that person on account of the amount owing as set out in the notice of the original assessment or any subsequent assessment related thereto from the aggregate of all taxes, penalties, interest and other sums remaining unpaid by that person, as set out in the notice of the varied assessment or reassessment pursuant to subsection (2), exceeds the amount obtained by subtracting the amount paid to that person pursuant to subsection 81.14(1) in respect of an overpayment as set out in the notice of the original assessment or any subsequent assessment related thereto from the aggregate of all amounts payable to that person, as set out in the notice of the varied assessment or reassessment pursuant to subsection (3), and the credits allowable to that person, as set out in the notice of the varied assessment or reassessment pursuant to subsection (4); ( montant dû ) overpayment , in respect of a person assessed, means where the assessment is an original assessment, the amount by which the aggregate described in subparagraph (a)(ii) of the definition amount owing in this subsection exceeds the aggregate described in subparagraph (a)(i) of that definition, and where the assessment is a variation of an assessment, or a reassessment, the amount by which the amount described in subparagraph (b)(ii) of that definition exceeds the amount described in subparagraph (b)(i) of that definition. ( paiement en trop )