18 (1) Every person who fails to file a return of income for an individual for a taxation year as and when required by subsection 9 (1) is liable to a penalty equal to the aggregate of, (a) an amount equal to 5 per cent of the individual’s tax for the year under this Act that was unpaid when the return was required to be filed; and (b) the product obtained when 1 per cent of the individual’s tax for the year under this Act that was unpaid when the return was required to be filed is multiplied by the number of complete months, not exceeding twelve, from the date on which the return was required to be filed to the date on which the return was filed.  R.S.O. 1990, c. I.2, s. 18 (1); 2004, c. 16, s. 3. Penalty for repeated failure to file returns (2) Every person, (a) who fails to file a return of income for a taxation year as and when required by subsection 9 (1); (b) on whom a demand for a return for the year has been made under subsection 150 (2) of the Federal Act, as it applies for the purposes of this Act; and (c) who, at the time of failure, had been assessed for a penalty under subsection (1) or this subsection in respect of a return of income for any of the three preceding taxation years, is liable to a penalty equal to the aggregate of, (d) an amount equal to 10 per cent of the individual’s tax for the year under this Act that was unpaid when the return was required to be filed; and (e) the product obtained when 2 per cent of the individual’s tax for the year under this Act that was unpaid when the return was required to be filed is multiplied by the number of complete months, not exceeding twenty, from the date on which the return was required to be filed to the date on which the return was filed.  R.S.O. 1990, c. I.2, s. 18 (2); 2004, c. 16, s. 3. Idem (3) Every person who fails to file a return as required by subsection 150 (3) of the Federal Act, as it applies for the purposes of this Act, is liable to a penalty of $10 for each day of default, to a total penalty of $50.  R.S.O. 1990, c. I.2, s. 18 (3); 2004, c. 16, s. 3. Failure to provide information (4) Every person who fails to provide any information required under this Act or a regulation, or under a provision of the Federal Act or of the Federal Regulations which applies for the purposes of this Act is, except where, in the case of an individual, the Minister has waived the penalty, liable to a penalty of $100 for every failure unless, in the case of information required in respect of another person, a reasonable effort was made by the person to obtain the information from the other person.  R.S.O. 1990, c. I.2, s. 18 (4); 2004, c. 16, s. 3. General penalty (5) Every person who fails, (a) to make an information return as and when required under this Act or a regulation, or under a provision of the Federal Act or the Federal Regulations which applies for the purposes of this Act; or (b) to comply with a duty or obligation imposed on the person under this Act or a regulation, or under a provision of the Federal Act or Federal Regulations which applies for the purposes of this Act, is liable in respect of each such failure, except where another provision of this Act sets out a penalty for the failure, to a penalty equal to the greater of $100 and the product obtained when $25 is multiplied by the number of days, not exceeding 100, during which the failure continues.  R.S.O. 1990, c. I.2, s. 18 (5); 2004, c. 16, s. 3. Minister’s discretion where collection agreement in force (6) Where a collection agreement is in effect, the Minister may refrain from levying or may reduce a penalty payable under this section if the person who is liable to the penalty is required to pay a penalty under section 162 of the Federal Act in respect of the same failure.  R.S.O. 1990, c. I.2, s. 18 (6); 2004, c. 16, s. 3. Section Amendments with date in force (d/m/y) 2004, c. 16, s. 3
- 1/01/2004 Penalties, omissions and false statements