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Taxation Act, 2007

S.o. 2007, chapter 11
Schedule A

Consolidation Period: From May 8, 2018 to the e-Laws currency date.

Last amendment: 2018, c. 8, Sched. 32, ss. 1-6.

Legislative History: 2007, c. 11, Sched. B, s. 5; 2008, c. 7, Sched. S; 2008, c. 19, Sched. U; 2008, c. 24, s. 4-9; 2009, c. 18, Sched. 28; 2009, c. 22, s. 100; 2009, c. 33, Sched. 16, s. 12; 2009, c. 34, Sched. U; 2010, c. 1, Sched. 29, s. 1; 2010, c. 13; 2010, c. 21; 2010, c. 23; 2010, c. 26, Sched. 20; CTS 18 AU - 1; 2011, c. 9, Sched. 40; 2012, c. 8, Sched. 56; 2012, c. 9; 2012, c. 13; 2013, c. 2, Sched. 14; 2013, c. 7, s. 8; 2014, c. 7, Sched. 29; 2014, c. 8; CTS 10 JL 14 - 1; 2015, c. 20, Sched. 40; 2015, c. 38, Sched. 20; 2016, c. 5, Sched. 28; 2016, c. 22, s. 60; 2016, c. 37, Sched. 25; 2017, c. 8, Sched. 30; 2017, c. 17, Sched. 2; 2017, c. 34, Sched. 40, s. 1-10; 2018, c. 3, Sched. 5, s. 60; 2018, c. 8, Sched. 32, ss. 1-6.

CONTENTS

PART I
INTERPRETATION AND APPLICATION
1. / Interpretation
2. / Application
PART II
INDIVIDUALS — INCOME AND OTHER PERSONAL TAXES
Division A — Interpretation and Liability for Tax
3. / Definitions
4. / Liability for tax
Division B — Personal Income Tax
Subdivision a — Tax Calculation
5. / Personal income tax calculation
6. / Basic personal income tax
7. / Basic personal income tax, inter vivos trust
7.1 / Basic personal income tax, trusts, 2016 and subsequent taxation years
Subdivision b — Non-Refundable Tax credits
8. / Rules for non-refundable tax credits
9. / Non-refundable tax credits
10. / Apportionment of non-refundable tax credits
Subdivision c — Additional Taxes
11. / Minimum tax before 2016
12. / Tax on split income, 2015 and previous taxation years
12.1 / Tax on split income, 2016 and subsequent taxation years
Subdivision d — Additional Tax Credits before Surtax
13. / Dividend tax credit before 2014
14. / Overseas employment tax credit
15. / Tax credit for minimum tax
Subdivision e — Ontario Surtax
16. / Ontario surtax
Subdivision f — Averaging and Adjustments
17. / Qualifying lump-sum amount
18. / CPP or QPP benefits
19. / Additional tax amount, section 40 ITAR
Subdivision g — Ontario Dividend Tax Credit, 2016 and subsequent taxation years
19.1 / Ontario dividend tax credit, 2016 and subsequent taxation years
Subdivision h — Minimum Tax, 2016 and subsequent taxation years
19.2 / Minimum tax, 2016 and subsequent taxation years
Subdivision i — Additional Tax Credits after Surtax
20. / Ontario tax reduction
20.1 / Ontario dividend tax credit for 2014 and 2015
21. / Foreign tax credit
22. / Investment corporation tax credit
Subdivision j — Indexing and Rounding
23. / Annual adjustment
Division C — Ontario Health Premium
24. / Liability for Ontario Health Premium
25. / Report about revenue from the Ontario Health Premium
PART III
CORPORATE TAX
Division A — General
26. / Interpretation
27. / Obligation to pay tax
28. / If corporation is a bankrupt
Division B — Corporate Income Tax
Subdivision a — General Corporate Income Tax, Tax Credits and Surtax
29. / Basic income tax
30. / Change in tax status
31. / Ontario small business deduction
32. / Surtax re Ontario small business deduction
33. / Tax credit for manufacturing, processing, etc.
34. / Foreign tax credit
35. / Credit union tax reduction
Subdivision b — Crown Royalties and Resource Tax Credit
36. / Additional tax re crown royalties
37. / Resource tax credit
Subdivision c — Ontario Research and Development Tax Credit
38. / Definitions
39. / Ontario research and development tax credit deduction
40. / Partnerships
41. / Reduction of eligible expenditures, receipt of assistance
42. / Transfer of eligible expenditures
43. / Waiver of tax credit
44. / Control acquired before the end of the year
45. / Recapture of tax credit
Subdivision d — Transitional Tax Debits and Credits
46. / Definitions
47. / Transitional tax debits and credits
48. / Amount of additional tax
49. / Calculation of amounts for purposes of s. 48
50. / Amount of tax credit
51. / Rules and adjustments if amalgamation or winding-up
52. / Treatment of specified pre-2009 transfers
Subdivision e — Corporate Minimum Tax Credit
53. / Corporate minimum tax credit
Subdivision f — Political Contributions Tax Credit
53.1 / Definitions
53.2 / Tax credit calculation
Division C — Corporate Minimum Tax
54. / Interpretation
55. / Corporate minimum tax liability, taxation years ending before July 1, 2010
56. / Calculation of corporate minimum tax
57. / Adjusted net income
58. / Eligible losses for a taxation year
59. / Foreign tax credit
60. / Election on transfer of property
61. / Election on replacement of property
62. / Limitation respecting inclusions and deductions
Division D — Special Additional Tax on Life Insurance Corporations
63. / Special additional tax, life insurance corporation
Division E — Capital Tax
Subdivision a —Liability for Capital Tax
64. / Liability for capital tax
Subdivision b —Financial Institutions
65. / Application
66. / Interpretation
67. / Rule for determining values and amounts
68. / Financial institution resident in Canada
69. / Authorized foreign bank
70. / Adjusted taxable paid-up capital
71. / Anti-avoidance
72. / Capital tax payable by a financial institution
73. / Small business investment tax credit
74. / Small business investment tax credit account
75. / Below-prime loan
76. / Patient capital investment
77. / Determination of total assets and gross revenue
78. / Tax credit amount, investment in a community small business investment fund corporation
79. / Small business investment tax credit repayment
Subdivision c — Corporations other than Financial Institutions
80. / Application
81. / Definitions
82. / Capital tax, corporations other than financial institutions
83. / Capital deduction – general rule
83.1 / Capital tax credit for manufacturers
PART IV
REFUNDABLE TAX CREDITS
Division A — General
84. / Refundable tax credits, deemed payments on account of tax
85. / Transitional
86. / Change in tax status
Division B — Corporations and Individuals
87. / Qualifying environmental trust tax credit
88. / Co-operative education tax credit
89. / Apprenticeship training tax credit
Division C — Corporations
90. / Ontario computer animation and special effects tax credit
91. / Ontario film and television tax credit
92. / Ontario production services tax credit
93. / Ontario interactive digital media tax credit
93.1 / Qualifying digital game corporation’s tax credit
93.2 / Specialized digital game corporation’s credit
94. / Ontario sound recording tax credit
95. / Ontario book publishing tax credit
96. / Ontario innovation tax credit
97. / Ontario business-research institute tax credit
Division D — Individuals
Subdivision a — Interpretation
98. / Interpretation
Subdivision b — Property and Sales Tax Credits before 2010
98.1 / Interpretation
99. / Property and sales tax credits, individual other than a senior
100. / Property and sales tax credits, seniors
101. / Rules relating to property and sales tax credits
Subdivision c — Ontario Energy and Property Tax Credit for 2010
101.0.1 / Definitions
101.1 / Ontario energy and property tax credit, individual other than a senior
101.2 / Ontario energy and property tax credit, seniors
101.3 / Rules relating to Ontario energy and property tax credit
Subdivision d — Other Tax Credits
102. / Political contribution tax credit
103. / Ontario focused flow-through share tax credit
103.0.1 / Ontario seniors’ public transit tax credit
103.1 / Children’s activity tax credit
103.1.1 / Healthy homes renovation tax credit
PART IV.0.1
NON-REFUNDABLE TAX CREDITS
103.1.2 / Community food program donation tax credit for farmers
PART IV.1
ONTARIO TRILLIUM BENEFIT
Ontario Trillium Benefit
103.2 / Ontario Trillium Benefit
103.3 / Payment of Benefit
Interpretation
103.4 / Interpretation
103.5 / Qualified dependant
103.6 / Qualified relation
103.7 / Application of Federal Act
Calculations
103.8 / Calculation of Ontario sales tax credit
103.9 / Calculation of Ontario energy and property tax credit (other than for seniors)
103.10 / Calculation of Ontario energy and property tax credit, seniors
103.11 / Rules relating to the Ontario energy and property tax credit
103.12 / Calculation of Northern Ontario energy credit
General
103.13 / Eligibility where two or more potential claimants
103.14 / Effect of death of eligible individual, etc., on calculations
103.15 / Repayment of amounts
103.16 / No interest payable
103.17 / No assignment, etc., of amounts
PART V
ONTARIO CHILD BENEFIT
104. / Ontario child benefit
PART V.1
SENIOR HOMEOWNERS’ PROPERTY TAX GRANT
104.1 / Senior homeowners’ property tax grant
PART V.2
ONTARIO TAX EXEMPTION FOR COMMERCIALIZATION
104.2 / Definitions and interpretation
104.3 / Ontario tax exemption for commercialization
104.4 / Certificate of eligibility
104.5 / Preliminary determination
104.6 / Application for refund
104.7 / Recovery of refund
104.8 / Offence
104.9 / Agreement for the administration of this Part
104.10 / Regulations
PART V.3
ONTARIO SALES TAX CREDIT
104.10.1 / Discontinuation of tax credit
104.11 / Definitions
PART V.5
SMALL BEER MANUFACTURERS’ TAX CREDIT
104.13 / Definitions
104.14 / Qualifying corporation
104.15 / Eligible sale of beer
104.16 / Small beer manufacturers’ tax credit
104.17 / Application and payment
104.18 / Agreement for the administration of this Part
PART V.6
NORTHERN ONTARIO ENERGY CREDIT
104.18.1 / Discontinuation of tax credit
104.19 / Interpretation
104.20 / Northern Ontario energy credit
104.21 / Eligibility for the credit
104.22 / Amount and payment of credit
104.23 / Miscellaneous rules
104.24 / Money appropriated by the Legislature
PART V.8
ONTARIO ENERGY AND PROPERTY TAX CREDIT AFTER 2010 AND BEFORE JULY 1, 2012
104.34.1 / Discontinuation of tax credit
104.35 / Interpretation
104.36 / Ontario energy and property tax credit after 2010
104.37 / Amount of tax credit, individuals other than seniors
104.38 / Amount of tax credit, seniors
104.39 / Rules relating to the tax credit
104.40 / Repayment
104.41 / Deemed exclusion from Estimates
PART VI
CAPITAL GAINS REFUNDS FOR MUTUAL FUNDS
105. / Mutual fund trusts
106. / Mutual fund corporations
PART VII
SPECIAL CASES
Tax Shelters and Avoidance
107. / General rule, tax shelters and tax shelter investments
108. / Avoidance of tax, trusts
109. / Transfer pricing
110. / General anti-avoidance rule
110.1 / Reportable transactions
PART VIII
ADMINISTRATION AND ENFORCEMENT
Returns
111. / Returns
Assessments
112. / Original assessment of returns, etc.
113. / Required Ontario assessments and reassessments
114. / Additional reassessments
Payments
115. / Payment by individuals
116. / Payment by corporations
117. / Returns, payments and interest
118. / Daily interest
119. / Amount of instalment on which interest is computed
Penalties
120. / Penalty for failure to file return, etc.
121. / Repeated failure to report income
121.1 / Penalty re use, etc., of electronic suppression of sales devices
122. / Late or deficient instalments
Refunds
123. / Refunds
Objections to Assessments
124. / Objections to assessments
Appeals to the Superior Court of Justice
125. / Right of appeal
126. / Reply
127. / Appeal deemed an action
Objections and Appeals — Specified Refunds
127.1 / Rules for objections and appeals
Application for Declaration of Law
128. / Application under subrule 14.05 (2), Rules of Civil Procedure
Enforcement
129. / Administration, garnishment, collection, etc.
130. / Taxes, etc., are debts
131. / Certificate of amount payable
132. / Warrant for collection of indebtedness
133. / Acquisition of debtor’s property
134. / Money seized in criminal proceeding
135. / Direction to seize chattels
136. / Demand for payment
137. / Withholding
138. / Joint liability
139. / Directors’ liability
140. / Assessments re ss. 129, 137, 138, 139
General
141. / Records to be kept
142. / Inspections, privilege, information returns and corporate execution
Offences
143. / Offences
144. / Offences, certain
144.1 / Offence, electronic suppression of sales devices
145. / Ministerial discretion
146. / Offence, secrecy
147. / Reciprocal provision of information, Minister of Finance
148. / Liability of corporation officers
149. / No decrease in penalties
Procedure and Evidence
150. / Information
151. / Proof
152. / Documents, admissibility
153. / Presumption of authority
154. / Judicial notice
155. / Documents deemed to be signed by Ontario Minister, etc.
156. / Mailing or sending date
156.1 / Date when electronic notice sent
157. / Date when assessment made
158. / Forms
159. / Notices, etc., relating to partnerships
Remissions
160. / Remission of Ontario tax
Collection Agreement
161. / Collection agreement
162. / Disclosure of corporate information by the Minister of Government Services
163. / Application of payments by taxpayers
164. / Deductions at source
165. / Adjustments between non-agreeing provinces
Reciprocal Enforcement of Judgments
166. / Enforcement of judgments
PART IX
REGULATIONS, FORMS AND OTHER MATTERS
167. / Regulations, general
168. / Application of Federal regulations
169. / Incorporation by reference
170. / Regulations, Part II
171. / Regulations, Part III
172. / Regulations, Part IV
172.0.1 / Regulations, Part IV.1
172.1 / Regulations, Part V.5
173. / Regulations, Part VIII
174. / Transitional
175. / Forms
176. / Appropriations

Part i
interpretation and application

Interpretation

Definitions

1 (1)In this Act,

“agreeing province” means a province that has entered into an agreement with the Government of Canada under which the Government of Canada will collect taxes payable under the income tax statute of that province and will make payments to that province in respect of the taxes so collected; (“province participante”)

“assessment” includes a reassessment and an additional assessment; (“cotisation”)

“basic rate of tax” means, with respect to a corporation for a taxation year, the corporation’s basic rate of tax for the year as determined under subsection 29 (2); (“taux d’imposition de base”)

“Canadian-controlled private corporation” means a corporation that would be a Canadian-controlled private corporation for the purposes of the Federal Act if the definition of that expression in subsection 125 (7) of that Act were read without reference to clause (d) of the definition; (“société privée sous contrôle canadien”)