19 (1) Every person who, (a) fails to report an amount required to be included in computing income in a return filed for a taxation year under subsection 150 (2), (3) or (4) of the Federal Act, as it applies for the purposes of this Act, or subsection 9 (1); and (b) has failed to report an amount required to be included in any return filed for any of the three preceding taxation years under subsection 150 (2), (3) or (4) of the Federal Act, as it applies for the purposes of this Act, or subsection 9 (1), is liable to a penalty equal to 10 per cent of the amount described in clause (a), unless the person is liable to a penalty under subsection (2) in respect of that amount.  R.S.O. 1990, c. I.2, s. 19 (1); 2004, c. 16, s. 3. False statements or omissions (2) Every person who, knowingly or under circumstances amounting to gross negligence, makes, participates in, assents to or acquiesces in the making of a false statement or omission in a return, form, certificate, statement, application or answer, in this section referred to as a “return”, that is filed or made in respect of a taxation year for the purposes of this Act or a regulation or a provision of the Federal Act or of the Federal Regulations as that provision applies for the purposes of this Act, is liable to a penalty of the greater of $100 and 50 per cent of the amount, if any, by which “A” exceeds “B” where, “A” is the amount of tax for the year that would be payable under this Act after any refunds to which the individual is entitled for the year if this amount were calculated on the basis of correct and complete information, and “B” is the tax for the year that would have been payable under this Act had the individual’s tax payable for the year been assessed and his or her rebates and refunds of tax for the year, if any, been determined on the basis of the information provided for the year.  2000, c. 42, s. 62; 2004, c. 16, s. 3. Interpretation (3) For the purposes of subsection (2), the taxable income reported by a person in the person’s return for a taxation year shall be deemed not to be less than nil and the “understatement of income for a year” of a person has the meaning assigned to that expression by subsection 163 (2.1) of the Federal Act and shall be determined in the manner required by subsection 163 (4) of that Act.  R.S.O. 1990, c. I.2, s. 19 (3); 1992, c. 25, s. 8; 2004, c. 16, s. 3. Penalty (3.1) Every person, who knowingly, or under circumstances amounting to gross negligence, makes or participates in, assents to or acquiesces in the making of a false statement or omission in any application or other document filed or provided to the Provincial Minister under section 8.5 or 8.6 in respect of an individual is liable to a penalty, when assessed therefor, equal to the greater of $100 and 50 per cent of the amount by which “A” exceeds “B”, where, “A” is the amount of the overpayment that would be deemed to arise under section 8.5 if the overpayment were computed based on the false statement or omission, and “B” is the amount, if any, of the overpayment to which the individual is entitled under section 8.5.  1998, c. 34, s. 77; 2004, c. 16, s. 3. Burden of proof (4) Where, in any appeal under this Act, a penalty assessed by the Minister under this section is in issue, the burden of establishing the facts justifying the assessment of the penalty is on the Minister.  R.S.O. 1990, c. I.2, s. 19 (4); 2004, c. 16, s. 3. Minister’s discretion where collection agreement in force (5) Where a collection agreement is in effect, the Minister may refrain from levying or may reduce a penalty imposed under this section if the person who is liable to the penalty is required to pay a penalty under section 163 of the Federal Act in respect of the same failure or the same false statement or omission, as the case may be.  R.S.O. 1990, c. I.2, s. 19 (5); 2004, c. 16, s. 3. Section Amendments with date in force (d/m/y) 1992, c. 25, s. 8 - 10/12/1992; 1998, c. 34, s. 77 - 1/07/1998 2000, c. 42, s. 62
- 21/12/2000 2004, c. 16, s. 3
- 1/01/2004