103.0.5 (1) An individual who is a qualifying individual for a taxation year ending after December 31, 2021 and before January 1, 2023 may claim an amount in respect of and not exceeding the individual’s Ontario staycation tax credit for that year. 2021, c. 40, Sched. 21, s. 12. Qualifying individual (2) An individual is a qualifying individual for the taxation year referred to in subsection (1) if both of the following criteria are satisfied: 1. The individual is resident in Ontario on December 31, 2022. 2. The individual is not an eligible child of another individual on December 31, 2022. 2021, c. 40, Sched. 21, s. 12. Amount of tax credit (3) The amount of a qualifying individual’s Ontario staycation tax credit for a taxation year is equal to the amount calculated using the formula, A × B in which, “A” is 20 per cent, and “B” is the amount determined for the year under subsection (4). 2021, c. 40, Sched. 21, s. 12. Same (4) For the purposes of subsection (3), the amount of “B” in that subsection for the taxation year referred to in subsection (1) is determined as follows: 1. If, on December 31, 2022, the qualifying individual has a cohabiting spouse or common-law partner who is also a qualifying individual, an eligible child, or both, the amount is the lesser of the following: i. $2,000. ii. The amount calculated using the formula, C – D in which, “C” is the sum of the qualifying tourism expenses for the taxation year of, (a)  the qualifying individual, (b)  the individual who is the cohabiting spouse or common-law partner of the qualifying individual on December 31, 2022, and (c)  an individual who is an eligible child of the qualifying individual on December 31, 2022, and “D” is the sum of all amounts, each of which is an amount, if any, that is a reimbursement, allowance or any other form of assistance, received by any of the individuals referred to in “C” in respect of a qualifying tourism expense included in “C”. 2. If, on December 31, 2022, the qualifying individual does not have a cohabiting spouse or common-law partner who is also a qualifying individual and does not have an eligible child, the amount is the lesser of the following: i. $1,000. ii. The amount calculated using the formula, E – F in which, “E” is the sum of all qualifying tourism expenses of the qualifying individual for the taxation year, and “F” is the sum of all amounts, each of which is an amount, if any, that is a reimbursement, allowance or any other form of assistance, received by the qualifying individual, in respect of a qualifying tourism expense included in “E”. 2021, c. 40, Sched. 21, s. 12. Qualifying tourism expense (5) Subject to subsection (6), a qualifying tourism expense of an individual for the taxation year is an amount of an outlay or expense that satisfies all of the following conditions: 1. The outlay or expense can reasonably be considered to be made for the provision of either of the following: i. A short-term accommodation situated in Ontario. ii. A camping accommodation situated in Ontario. 2. The outlay or expense is for short-term accommodation or camping accommodation that is provided on a day that is after December 31, 2021 and before January 1, 2023 and for which the individual has use at 11:59 p.m. on that day. 3. The individual has a receipt in respect of the short-term accommodation or camping accommodation that includes the following information: i. The trading name and business number with the Canada Revenue Agency of the operator, or an intermediary of that operator, of the short-term accommodation or camping accommodation. ii. The date the receipt was issued and the date or dates on which the accommodation was used. iii. A description of the short-term accommodation or camping accommodation provided. iv. The total amount paid or payable for the provision of short-term accommodation or camping accommodation. v. The total amount of tax paid under Part IX of the Excise Tax Act (Canada) in respect of the short-term accommodation or camping accommodation. vi. The name of the individual who paid for the short-term accommodation or camping accommodation. 4. The outlay or expense is in respect of short-term accommodation or camping accommodation provided by or through a person who is registered for the purposes of Part IX of the Excise Tax Act (Canada). 5. The outlay or expense is paid by the individual in respect of one or more days when the accommodations are used solely for leisure by the individual and, as applicable, their cohabiting spouse or common-law partner and any eligible child, and the outlay or expense was not made or incurred in respect of any of the following: i. Medical expenses of an individual for the purposes of subsection 118.2 (1) of the Federal Act. ii. School or educational purposes. iii. Gaining or producing income from business or property. iv. Earning income from an office or employment of the individual, of their cohabiting spouse or common-law partner or of their eligible child. 2021, c. 40, Sched. 21, s. 12. Same (6) For clarity, if some days that relate to an outlay or expense satisfy all of the conditions set out in subsection (5) and other days that relate to the outlay or expense do not, the amount of the outlay or expense for the purposes of subsection (5) is the amount that relates only to the days that satisfy the conditions. 2021, c. 40, Sched. 21, s. 12. Same, prescribed exclusions (7) An outlay or expense is not a qualifying tourism expense if it is prescribed by the Minister of Finance as ineligible for the purposes of this section. 2021, c. 40, Sched. 21, s. 12. Rules re qualifying tourism expenses (8) The following rules apply if a qualifying individual and any individual who is the qualifying individual’s cohabiting spouse or common-law partner on December 31, 2022 are both entitled to claim a tax credit under this section: 1. Only one of them may claim a credit under this section for the year. 2. If both of them claim a credit under this section, the Ontario Minister shall designate one of them and only the claim by the designated individual may be allowed. 2021, c. 40, Sched. 21, s. 12. Bankruptcy (9) The amount of a qualifying individual’s Ontario staycation tax credit for the taxation year referred to in subsection (1) is deemed to be nil if the individual is a bankrupt at any time in the calendar year containing the taxation year. 2021, c. 40, Sched. 21, s. 12. Death in year (10) If an individual dies in 2022 and is resident in Ontario immediately before their death, (a) for the purposes of determining the individual’s Ontario staycation tax credit for the 2022 taxation year, the individual is deemed, (i) to have died on January 1, 2023 and to have been resident in Ontario on December 31, 2022, and (ii) not to have a cohabiting spouse or common-law partner or eligible child on December 31, 2022; and (b) for the purposes of determining whether the individual is an eligible child of an individual at a particular time, the individual is deemed to have died on January 1, 2023 and to have been resident in Ontario on December 31, 2022. 2021, c. 40, Sched. 21, s. 12. Eligible child (11) For the purposes of this section, an eligible child of an individual at a particular time is a child who, at that time, satisfies all of the following: 1. The child is, i. a child of the individual or of the individual’s spouse or common-law partner, or ii. a child dependent on the individual or on the individual’s spouse or common-law partner for support. 2. The child is, i. under 18 years of age, or ii. dependent on the individual or on the individual’s spouse or common-law partner and has a mental or physical infirmity. 3. The child is resident in Ontario. 2021, c. 40, Sched. 21, s. 12. Definitions (12) In this section, “camping accommodation” has the same meaning as in subsection 252.4 (0.1) of the Excise Tax Act
(Canada); (“emplacement de camping”) “short-term accommodation” has the same meaning as in subsection 123 (1) of the Excise Tax Act (Canada), as read for the purposes of section 252.4 of that Act. (“logement provisoire”) 2021, c. 40, Sched. 21, s. 12. Section Amendments with date in force (d/m/y) 2021, c. 40, Sched. 21, s. 12 - 09/12/2021 Ontario seniors care at home tax credit