Tax credit
198. (1) Every individual who and every corporation or trade union which made a contribution to a candidate registered under this Part during the campaign period of an election may within one year of polling day apply, in the form prescribed by the Commission, to the clerk of the municipality who was responsible for conducting the election to receive a tax credit. Amount of tax credit (2) The tax credit which a contributor is eligible to receive under subsection (1) is an amount equal to, (a) 75 per cent of the total amount contributed by the contributor to all candidates if the amount contributed does not exceed $100; (b) $75 plus 50 per cent of the amount by which the total amount contributed by the contributor to all candidates exceeds $100 and does not exceed $400; or (c) the lesser of, (i) $225 plus 33 1/3 per cent of the amount by which the total amount contributed by the contributor to all candidates exceeds $400 if the total amount contributed exceeds $400, and (ii) $350, if payment of each amount that is included in the total amount contributed by the contributor to all registered candidates is proven by receipts in the form prescribed by the Commission that are signed by a recorded agent of the candidate. Reduction of tax credits (3) A tax credit under subsection (2), (a) shall first be applied by the clerk to reduce any arrears in taxes or other debts then owing to the municipality by the contributor; and (b) may be applied to offset current taxes, at the request of the contributor. Payment of rebates (4) Where the contributor does not owe any taxes or other debts to the municipality or does not make the request under clause (3)(b), the clerk shall pay to the contributor an amount equal to the amount of the tax credit which the contributor is eligible to receive under subsection (2). Recovery of tax credit (5) If the contribution upon which the application for a tax credit under subsection (1) is based was made to a registered candidate in an election for the office of chair or member of the council of a regional municipality and the member if elected would not be a member of council of an area municipality, the clerk shall recover the amount of the tax credit provided to any contributor under subsection (3) or (4) from the regional municipality by billing the regional municipality for that amount. Idem (6) If the contribution upon which the application for a tax credit under subsection (1) is based was made to a registered candidate in an election in which the registered candidate, if elected, would be a member of the council of a regional municipality and of an area municipality, the clerk shall recover from the regional municipality, (a) where only the council of the regional municipality has adopted this Part, the amount of the tax credit provided to any contributor under subsection (3) or (4); and (b) where the councils of the regional municipality and the area municipality have adopted this Part, one-half the amount of the tax credit provided to any contributor under subsection (3) or (4). Recovery of tax credit from school board (7) Where the contribution upon which the application for a tax credit under subsection (1) is based was made to a registered candidate in a school board election, the clerk shall recover the amount of the tax credit provided to any contributor under subsection (3) or (4) from the school board by billing the school board for that amount. Recovery of tax credit from local board (8) Where the contribution upon which the application for a tax credit under subsection (1) is based was made to a registered candidate in a local board election, the clerk shall recover the amount of the tax credit provided to any contributor under subsection (3) or (4) from the local board by billing the local board for that amount. Condition for giving tax credits (9) No tax credit shall be provided to a contributor under subsection (3) or (4) until the Commission has notified the clerk in writing that all of the financial statements and auditor’s reports filed with it by the chief financial officers of the registered candidates in the election as required by section 194 have been examined. Time restriction (10) Tax credits shall be issued to contributors only during the one-year period following receipt of the notice given by the Commission under subsection (9). Refusal of tax credit (11) No tax credit shall be provided to a contributor under subsection (3) or (4) for a contribution to a registered candidate where the chief financial officer of the candidate has failed to file the financial statement and auditor’s report required by section 194 or where the financial statement and auditor’s report of the candidate have been found by the Commission to be unsatisfactory. Definition (12) In this section, “tax credit” includes a rebate of contributions. R.S.O. 1990, c.M.53, s.198. Access to Documents