7 (1) No tax is payable under this Act by an individual for a taxation year if the amount of tax that would otherwise be payable by the individual for the year does not exceed the individual’s personal amount as determined, (a) in the prescribed manner, if the taxation year commences before January 1, 2001; or (b) under this section, if the taxation year ends after December 31, 2000.  2001, c. 23, s. 130 (1); 2004, c. 16, s. 3. Tax reduction (2) If the tax otherwise payable by an individual under this Act for a taxation year exceeds the individual’s personal amount for the taxation year, the tax payable under this Act in respect of 1997 and subsequent taxation years may be reduced by the amount, if any, by which twice the individual’s personal amount for the taxation year exceeds the amount of tax otherwise payable by the individual under this Act for the taxation year.  1996, c. 18, s. 3; 2004, c. 16, s. 3. Who includes amount in respect of qualified dependant, etc. (2.1) If an individual resides with a cohabiting spouse or common-law partner on the 31st day of December in the taxation year, the individual may include an amount in his or her personal amount for the taxation year with respect to a person who is, (a) a qualified dependant at any time in the taxation year in respect of whom the individual or the cohabiting spouse or common-law partner is an eligible individual; or (b) infirm or disabled, only if the individual’s income for the taxation year exceeds the income of the cohabiting spouse or common-law partner for the taxation year.  1993, c. 29, s. 5 (4); 2001, c. 23, s. 130 (2); 2004, c. 16, s. 3. Personal amount (2.2) An individual’s personal amount for a taxation year ending after December 31, 2000 is the amount calculated using the formula: A + B + C in which, “A” is the amount of the basic reduction for the taxation year, “B” is the sum of all amounts each of which is the eligible amount for the taxation year for a child who is a dependant of the individual and who is under 18 years of age at any time in the taxation year, and “C” is the sum of all amounts each of which is the eligible amount for the taxation year in respect of a dependant of the individual who is infirm or disabled. 2001, c. 23, s. 130 (3); 2004, c. 16, s. 3. Amounts for 2001 (2.3) For the 2001 taxation year, (a) the amount of the basic reduction is $156; and (b) the eligible amount is $317 for, (i) each child who is a dependant of an individual and who is under 18 years of age at any time in the taxation year, and (ii) each infirm or disabled dependant of an individual.  2001, c. 23, s. 130 (3); 2004, c. 16, s. 3. Basic reduction, 2002 and subsequent years (2.4) The basic reduction for a taxation year, commencing with 2002, is the following amount: 1. For the 2002 taxation year, $161. 2. For the 2003 taxation year, $181. 3. For the 2004 taxation year, $186. 4. For a taxation year after the 2004 taxation year, the amount determined by adjusting the basic reduction for the previous taxation year in accordance with section 4.0.2.  2004, c. 31, Sched. 19, s. 4 (1). Eligible amount, 2002 and subsequent taxation years (2.5) The eligible amount for a dependant described in subsection (2.2) for a taxation year, commencing with the 2002 taxation year, is the following amount: 1. For the 2002 taxation year, $328. 2. For the 2003 taxation year, $334. 3. For the 2004 taxation year, $343. 4. For a taxation year after the 2004 taxation year, the amount determined by adjusting the eligible amount for the dependant for the previous taxation year in accordance with section 4.0.2.  2004, c. 31, Sched. 19, s. 4 (2). Rounding (2.6) If the basic reduction for a taxation year calculated under subsection (2.4) or the eligible amount for the year calculated under subsection (2.5) is not a whole dollar amount, it must be rounded to the nearest whole dollar or, if it is 50 cents less than a whole dollar amount, it must be rounded up to that whole dollar amount.  2001, c. 23, s. 130 (3); 2004, c. 16, s. 3. Rules, dependants (2.7) An individual may include an amount in respect of a dependant in the calculation of “B” for a taxation year in subsection (2.2) only if, (a) the dependant was a qualified dependant at any time in the taxation year; and (b) the individual or the individual’s cohabiting spouse or common-law partner, if any, with whom the individual resided on December 31 of the taxation year was the eligible individual in respect of the dependant, (i) immediately before the dependant ceased to be a qualified dependant of the eligible individual, and the dependant did not become the qualified dependant of any other eligible individual during the taxation year, or (ii) at the end of the taxation year, in any other case.  2001, c. 23, s. 130 (3); 2004, c. 16, s. 3. Rules, infirm or disabled dependants (2.8) Subject to subsection (2.9), an individual may include an amount in respect of an infirm or disabled dependant in the calculation of “C” for a taxation year in subsection (2.2) only if, (a) no other person has included an amount in respect of the dependant in determining the amount included in “B” or “C” in subsection (2.2) in the calculation of his or her personal amount for the taxation year; (b) the individual or the individual’s cohabiting spouse or common-law partner, if any, with whom the individual resided on December 31 of the taxation year is deducting an amount under subsection 118.3 (2) or paragraph 118 (1) (b) or (d) of the Federal Act for the taxation year in respect of the dependant; and (c) the dependant, if he or she is the individual’s cohabiting spouse or common-law partner at any time in the taxation year, is entitled to a deduction under subsection 118.3 (1) of the Federal Act for the taxation year and is transferring some or all of the deduction to the individual under section 118.8 of the Federal Act.  2001, c. 23, s. 130 (3); 2004, c. 16, s. 3. Rules, non-cohabiting spouses, etc. (2.9) If two individuals who are not cohabiting spouses or common-law partners are each entitled to deduct and are deducting an amount under subsection 118.3 (2) or paragraph 118 (1) (d) of the Federal Act for the taxation year in respect of the same dependant who is 19 years of age or older, the following rules apply: 1. The individual who is deducting more than 50 per cent of the amount deductible under subsection 118.3 (2) or paragraph 118 (1) (d) of the Federal Act in respect of the dependant may include an amount in respect of the dependant in the calculation of “C” in subsection (2.2) for the taxation year. 2. If each individual is deducting 50 per cent of the amount deductible under subsection 118.3 (2) or paragraph 118 (1) (d) of the Federal Act in respect of the dependant, only the individual with the lower income may include an amount in respect of the dependant in the calculation of “C” in subsection (2.2) for the taxation year.  2001, c. 23, s. 130 (3); 2004, c. 16, s. 3. Definitions (3) For the purposes of this section, “income” of an individual for a taxation year means the amount equal to the sum of the individual’s taxable income for the taxation year and all amounts deducted by the individual under Division C of Part I of the Federal Act in determining such taxable income, less any amounts added under Division C of Part I of the Federal Act in determining such taxable income; (“revenu”) “tax otherwise payable” for a taxation year means the amount of tax payable under this Act for the taxation year, other than the Ontario Health Premium, before any deduction permitted by subsection 4 (6) or under section 8 or this section. (“impôt payable par ailleurs”)  1993, c. 29, s. 5 (3); 2004, c. 16, s. 3; 2004, c. 29, s. 6; 2004, c. 31, Sched. 19, s. 4 (3-5). Federal definitions (3.1) For the purposes of this section and section 8, “cohabiting spouse or common-law partner”, “eligible individual” and “qualified dependant” have the meanings assigned by section 122.6 of the Federal Act.  2001, c. 23, s. 130 (4); 2004, c. 16, s. 3. Non-application of section (4) This section does not apply to an individual for a taxation year if, (a) the individual’s tax payable under Part I of the Federal Act for the taxation year is determined under Division E.1 of that Part; (b) the individual is not resident in Ontario on the 31st day of December in the taxation year; (c) the individual’s primary place of residence which he or she ordinarily occupies and inhabits during the taxation year is not in Ontario; or (d) the individual is a trust.  1993, c. 29, s. 5 (3); 2001, c. 23, s. 130 (5); 2004, c. 16, s. 3. (5) Repealed:  2001, c. 23, s. 130 (6). Non-application (6) This section does not apply with respect to a return filed on behalf of an individual by a trustee in bankruptcy under paragraph 128 (2) (e) or (h) of the Federal Act for a taxation year.  1999, c. 9, s. 119; 2004, c. 16, s. 3. Section Amendments with date in force (d/m/y) 1993, c. 29, s. 5 (3, 4) - 1/01/1993; 1996, c. 18, s. 3 - 1/01/1997; 1999, c. 9, s. 119 - 14/12/1999 2001, c. 23, s. 130 (1-4) - 1/01/2001; 2001, c. 23, s. 130 (5, 6) - 1/01/2002 2002, c. 22, s. 107
- 9/12/2002 2004, c. 16, s. 3
- 1/01/2004; 2004, c. 29, s. 6
- 1/01/2004; 2004, c. 31, Sched. 19, s. 4 (1, 2) - 1/01/2005; 2004, c. 31, Sched. 19, s. 4 (3, 5) - 1/01/2004 7.1 Repealed:  R.S.O. 1990, c. I.2, s. 7.1 (11).  (See:  2000, c. 42, s. 54 (7)). Section Amendments with date in force (d/m/y) R.S.O. 1990, c. I.2, s. 7.1 (11) - 1/01/2002 2000, c. 42, s. 54 (7)
- 1/01/2002 Ontario tax credits