A taxpayer may claim a refundable investment tax credit (ITC) by filing a prescribed form with its tax return for a year (Form T2038(IND) and Schedule 31 of Form T2). The taxpayer may also file this prescribed form at the time of filing an amended tax return for the year (see s. 127.1(1)(b)). In 2015-0567981I7 (copy attached), the CRA confirmed that s. 127.1(1)(b) does not contain a deadline by which a taxpayer must file the request for the refundable ITC: see Signalgene R & D Inc. v. The Queen, 2012 FC 1375 and Theratechnologies Inc. v. The Queen, 2012 FC 1376. However, in respect of an otherwise statute-barred year, the amount of such refundable ITCs must be based on the underlying amounts as reflected in the latest assessment or reassessment. Put another way, a request for refundable ITCs does not open up a statute-barred year (entirely), so as to allow adjustments to discretionary amounts earlier claimed by the taxpayer.