jswizzle3737/ontario_laws_and_regs huggingface dataset:
59 For the purposes of this Division, a corporation’s foreign tax credit for a taxation year is the amount that would be determined for the year under section 34 if the reference in subsection 34 (1) to the tax payable by the corporation under Division B for the year were read as a reference to the amount of the corporation’s corporate minimum tax for the year determined under this Division before any deduction permitted under subsection 56 (2). 2007, c. 11, Sched. A, s. 59.
60 (1) If during a taxation year a corporation disposed of property to another corporation or acquired property from another corporation and both corporations jointly elected under section 85 of the Federal Act to have the rules in that section apply, or if section 85.1 of that Act applies to the disposition, both corporations may jointly elect in the form approved by the Ontario Minister to have such rules as may be prescribed apply for the purposes of this Division.  2007, c. 11, Sched. A, s. 60 (1). Same (2) If during a taxation year a corporation disposed of property to a partnership or acquired property from a partnership and the corporation and all of the members of the partnership have jointly elected under section 85 or 97, as the case may be, of the Federal Act to have the rules of that section apply, the corporation and all of the members of the partnership may jointly elect in the form approved by the Ontario Minister to have such rules as may be prescribed apply for the purposes of this Division.  2007, c. 11, Sched. A, s. 60 (2). Time of election (3) An election under subsection (1) or (2) must be made on or before the day that is the earliest of the days on or before which any corporation making the election is required to file a return under this Act for the year in which the disposition or acquisition occurred.  2007, c. 11, Sched. A, s. 60 (3). Exception (4) If no corporation making the election is liable to pay tax under this Division for the taxation year in which the transaction occurred, the election may be made on or before the day that is the earliest of the days on or before which any corporation making the election is required to file a return under this Act for the first taxation year for which the corporation is liable to pay tax under this Division.  2007, c. 11, Sched. A, s. 60 (4). Transitional (5) The following rules apply if a transaction described in subsection (1) or (2) occurred before January 1, 2009: 1. An election made in accordance with section 57.9 of the Corporations Tax Act is deemed to have been made under this section. 2. If no corporation making the election under section 57.9 of the Corporations Tax Act is liable to pay tax under Part II.1 of that Act for the taxation year in which the transaction occurred or for any subsequent taxation year ending before January 1, 2009, the election shall be made on or before the day that is the earliest of the days on or before which any corporation making the election is required to file a return under this Act for the first taxation year for which the corporation is liable to pay tax under this Division.  2007, c. 11, Sched. A, s. 60 (5).
61 (1) If at any time in a taxation year an amount has become receivable by a corporation as proceeds of disposition of a capital property or eligible capital property and the corporation has elected under subsection 13 (4) or 14 (6) or section 44 of the Federal Act to have the rules in any of those provisions apply, the corporation may elect to have such rules as may be prescribed apply for the purposes of this Division.  2007, c. 11, Sched. A, s. 61 (1). Time of election (2) An election under subsection (1) must be made in the corporation’s return under this Act for the taxation year in which it acquired a property which is a replacement property for the purposes of subsection 13 (4), subsection 14 (6) or section 44, as applicable, of the Federal Act.  2007, c. 11, Sched. A, s. 61 (2). Exception (3) If the corporation making the election is not liable to pay tax under this Division for the taxation year in which the replacement property was acquired, the election may be made in the corporation’s return under this Act for the first taxation year ending after the replacement property is acquired for which the corporation is liable to pay tax under this Division.  2007, c. 11, Sched. A, s. 61 (3). Transitional (4) The following rules apply if a transaction described in subsection (1) occurred before January 1, 2009: 1. An election made in accordance with section 57.10 of the Corporations Tax Act is deemed to have been made under this section. 2. If the corporation making the election under section 57.10 of the Corporations Tax Act is not liable to pay tax under Part II.1 of that Act for the taxation year in which the replacement property was acquired or for any subsequent taxation year ending before January 1, 2009, the election shall be made on or before the day that is the earliest of the days on or before which the corporation is required to file a return under this Act for the first taxation year for which the corporation is liable to pay tax under this Division.  2007, c. 11, Sched. A, s. 61 (4).
62 (1) Unless a contrary intention is evident, no provision of this Division shall be read or construed to require the inclusion or to permit the deduction, either directly or indirectly, in computing the amount of a corporation’s net income, net loss, adjusted net income or adjusted net loss of any amount to the extent that the amount has already been directly or indirectly included or deducted, as the case may be, in computing such net income, net loss, adjusted net income or adjusted net loss under Part II.1 of the Corporations Tax Act or this Division.  2007, c. 11, Sched. A, s. 62 (1). Same (2) In computing a corporation’s net income, net loss, adjusted net income or adjusted net loss under this Division, no deduction shall be made, either directly or indirectly, in respect of a reserve, outlay or expense except to the extent the reserve, outlay or expense, as the case may be, is reasonable in the circumstances.  2007, c. 11, Sched. A, s. 62 (2). Division D — Special Additional Tax on Life Insurance Corporations
65 This subdivision applies to corporations only in respect of taxation years commencing before July 1, 2010 for which they are financial institutions.  2007, c. 11, Sched. A, s. 65. Interpretation
67 For the purposes of this subdivision, the carrying value of an asset as of the end of a taxation year and all other amounts required to be determined shall be determined in the same manner as would be required for the purposes of Part I.3 of the Federal Act.  2007, c. 11, Sched. A, s. 67. Financial institution resident in Canada
69 (1) The paid-up capital for a taxation year of an authorized foreign bank is the amount determined under paragraph 181.3 (3) (e) of the Federal Act in respect of the authorized foreign bank for the year.  2007, c. 11, Sched. A, s. 69 (1). Taxable paid-up capital (2) The taxable paid-up capital for a taxation year of an authorized foreign bank is the amount, if any, by which its paid-up capital for the year exceeds its investment allowance for the year in respect of all amounts each of which is the amount, calculated as of the end of the year before the application of risk weights, that the bank would be required to report under the OSFI risk-weighting guidelines, if those guidelines applied and required a report at that time, of a qualifying investment used or held by the bank in the year in the course of carrying on its Canadian banking business.  2007, c. 11, Sched. A, s. 69 (2). Investment allowance (3) The investment allowance for a taxation year of an authorized foreign bank in respect of a qualifying investment is the amount calculated using the formula, A × B/C in which, “A” is the amount of the qualifying investment, as reported by the authorized foreign bank, “B” is the Ontario allocation factor of the related financial institution or the related insurance corporation that issued the investment for its last taxation year ending in the authorized foreign bank’s taxation year, and “C” is the Ontario allocation factor of the authorized foreign bank for the year. 2007, c. 11, Sched. A, s. 69 (3). Qualifying investment (4) A qualifying investment of an authorized foreign bank is an asset of the bank that is a share of the capital stock or long-term debt of, (a) a related financial institution that has a permanent establishment in Ontario and is not exempt from tax under this Division or Part III of the Corporations Tax Act; or (b) a related insurance corporation that has a permanent establishment in Ontario.  2007, c. 11, Sched. A, s. 69 (4).
70 (1) For the purposes of this Division, the adjusted taxable paid-up capital of a financial institution for a taxation year is the amount calculated using the formula,  A + (B/C) – D in which, “A” is, (a) the amount of the financial institution’s taxable paid-up capital for the year if the financial institution is resident in Canada or is an authorized foreign bank, or (b) its taxable capital employed in Canada, in any other case, “B” is, (a) the amount of the financial institution’s Canadian tangible property for the year if the financial institution is resident in Canada or is an authorized foreign bank, or (b) nil, in any other case, “C” is the financial institution’s Canadian allocation factor for the year, and “D” is the financial institution’s capital deduction for the year. 2007, c. 11, Sched. A, s. 70 (1). Canadian tangible property (2) The amount of a financial institution’s Canadian tangible property for a taxation year is one-third of the sum of all amounts determined under paragraphs 181.3 (1) (a) and (b) of the Federal Act in respect of the institution for the year, measured at the end of the year.  2007, c. 11, Sched. A, s. 70 (2). Capital deduction (3) A financial institution’s capital deduction for a taxation year is determined as follows: 1. If the financial institution is related at any time in the year to another corporation that, i. is a financial institution, ii. has a permanent establishment in Canada, and iii. is not exempt from tax payable under, A. this Division by reason of clause 64 (2) (b), (c), (d), (e) or (f), or B. Part III of the Corporations Tax Act by reason of subsection 71 (1) of that Act, the financial institution’s capital deduction for the year is the amount calculated using the formula, E/F × $15 million in which, “E”   is the amount of the financial institution’s taxable capital employed in Canada for the year, and “F”   is the sum of the amount of “E” for the year and all amounts each of which is the taxable capital employed in Canada of one of those related financial institutions for its last taxation year ending at or before the end of the financial institution’s taxation year. 2. If paragraph 1 does not apply, the financial institution’s capital deduction for the year is $15 million. 2007, c. 11, Sched. A, s. 70 (3). Limitation (4) Subsection 181 (4) of the Federal Act applies with necessary modifications for the purposes of this subdivision in determining any amount required to determine a financial institution’s adjusted taxable paid-up capital for a taxation year.  2007, c. 11, Sched. A, s. 70 (4).
71 (1) Despite any other provision in this subdivision, if a financial institution has in a taxation year transferred or disposed of, directly or indirectly, one or more of its assets as part of a transaction, event or series of transactions or events to one or more persons or partnerships that did not deal at arm’s length with the financial institution immediately after the transfer, and the asset or assets had an aggregate carrying value to the financial institution immediately before the transfer that exceeded both $10 million and 25 per cent of the carrying value of the financial institution’s total assets immediately before the transfer, the Ontario Minister may require the financial institution to measure its adjusted taxable paid-up capital for the year as of the day immediately before the commencement of the transaction, event or series of transactions or events rather than at the end of the year.  2007, c. 11, Sched. A, s. 71 (1). Interpretation (2) For the purposes of subsection (1), the carrying value of an asset or group of assets shall be determined in accordance with generally accepted accounting principles.  2007, c. 11, Sched. A, s. 71 (2).
76 (1) For the purposes of this subdivision, a patient capital investment is an investment made in a qualifying small business corporation or a qualifying small business that, (a) satisfies such rules as may be prescribed; and (b) is not used by the borrower for such purpose or in such manner as may be prescribed.  2007, c. 11, Sched. A, s. 76 (1). Tax credit amount – patient capital investment (2) For the purposes of the definition of “A” in subsection 74 (1), the tax credit amount in respect of an eligible investment that is a patient capital investment is the amount determined in accordance with the following rules: 1. In the formulas described in paragraphs 2, 3, 4 and 5 of this subsection, “D” is the greater of, (a) 0.0, and (b) 1– F/$250,000 – H/$50,000, “E” is the consideration for which the investment was issued, “F” is the amount not exceeding $250,000, by which the amount of the total assets or the amount of the gross revenue, measured immediately before the investment is made, whichever is greater, of the qualifying small business corporation or qualifying small business or any associated group of which it is a member is greater than $500,000, “G” is the amount not exceeding $4 million, by which the amount of the total assets or the amount of the gross revenue, measured immediately before the investment is made, whichever is greater, of the qualifying small business corporation or qualifying small business or any associated group of which it is a member is greater than $1 million, “H” is the lesser of, (a) $50,000, and (b) the amount of the consideration in excess of $50,000 for which the investment was issued, and “I” is the lesser of, (a) $750,000, and (b) the amount of the consideration in excess of $250,000 for which the investment was issued. 2. If the investment was issued for consideration of not more than $100,000, the tax credit amount in respect of the investment is the amount calculated using the formula, [(E × 0.20) + (E × 0.55 × D)] × (1 – (G/$4 million)) 3. If the investment was issued for consideration greater than $100,000 but not exceeding $1 million, the tax credit amount in respect of the investment is the amount calculated using the formula, {(E × 0.10) + [E × 0.10 × (1 – (I/$750,000))]} × (1  – (G/$4 million)) 4. If the investment was issued for consideration greater than $1 million, the tax credit amount in respect of the investment is the amount calculated using the following formula: E × 0.10 × (1 – (G/$4 million)) 5. Despite paragraph 2, if the total consideration of all eligible investments issued by a qualifying small business or qualifying small business corporation to a financial institution exceeds $100,000, the tax credit amount in respect of a patient capital investment made by the financial institution in the business or corporation for consideration not exceeding $100,000 is calculated using the formula, E × 0.20 × (1 – (G/$4 million)) 2007, c. 11, Sched. A, s. 76 (2).
77 For the purposes of sections 75 and 76, the amount of the total assets and the amount of the gross revenue of the associated group of which a qualifying small business or qualifying small business corporation is a member shall be determined in accordance with the following rules:  1. The total assets of the associated group shall include the total assets of all businesses and corporations in the group. 2. The gross revenue of the associated group shall include the gross revenue of all businesses and corporations in the group. 3. The total assets of a business or corporation in the associated group shall include, if the business or corporation is a member of a partnership that is not a member of the associated group, the same proportion of the total assets of the partnership, as recorded in the books and records of the partnership, as the proportion of the balance of the business’s or corporation’s capital account in the partnership to the total of the capital account balances of all partners of the partnership. 4. The gross revenue of a business or corporation in the associated group shall include, if the business or corporation is a member of a partnership that is not a member of the associated group, the same proportion of the gross revenue of the partnership, as recorded in the books and records of the partnership, as the proportion of the income or loss of the partnership to which the business or corporation is entitled as a partner of the partnership. 5. Except as otherwise provided in this subsection and the regulations, the total assets and the gross revenue of a business or corporation in the associated group shall be determined in accordance with generally accepted accounting principles on an unconsolidated basis. 6. Such other rules as may be prescribed.  2007, c. 11, Sched. A, s. 77.
78 (1) The tax credit amount in respect of an eligible investment that is an investment made before January 1, 2004 in a community small business investment fund corporation in accordance with the Community Small Business Investment Funds Act, 1992 is the amount equal to 30 per cent of the amount of equity capital paid by the financial institution, specified corporation or insurance corporation to the corporation on the issuance of Class A shares to the financial institution, specified corporation or insurance corporation.  2007, c. 11, Sched. A, s. 78 (1). Same (2) Subsection (1) applies only if the financial institution claiming the tax credit in respect of the investment has applied for the tax credit, in a form approved by the Minister of Finance, and the Minister of Finance has allowed the application.  2007, c. 11, Sched. A, s. 78 (2). Same (3) If subsection (1) applies, the financial institution may include in the amount of “A” in subsection 74 (1), in computing its small business investment tax credit account for a taxation year, an additional tax credit amount equal to 30 per cent of the amount of equity capital paid by the financial institution, specified corporation or insurance corporation to the corporation on the issuance of the Class A shares to the financial institution, specified corporation or insurance corporation, to the extent that the corporation has reinvested the capital in eligible investments under the Community Small Business Investment Funds Act, 1992 in the taxation year.  2007, c. 11, Sched. A, s. 78 (3). Section Amendments with date in force (d/m/y) CTS 18 AU 10 - 1
79 For the purposes of the definition of “F” in subsection 72 (1) and the definition of “B” in subsection 74 (1), a financial institution’s small business investment tax credit repayment for a taxation year is equal to the lesser of,  (a) the amount, if any, by which the amount of “C” in subsection 74 (1) as determined for the year exceeds the sum of the amounts of “A” and “B” under that subsection for the year; and (b) the amount, if any, by which the total of all small business investment tax credits claimed by the financial institution under subsection 66.1 (2) of the Corporations Tax Act or subsection 74 (1) of this Act for previous taxation years exceeds the total of all the financial institution’s small business investment tax credit repayments under this section or subsection 66.1 (12) of the Corporations Tax Act for previous taxation years.  2007, c. 11, Sched. A, s. 79. Subdivision c — Corporations other than Financial Institutions
80 This subdivision applies to corporations only in respect of taxation years commencing before July 1, 2010 for which they are not financial institutions.  2007, c. 11, Sched. A, s. 80.
81 In this subdivision, “taxable capital” means, with respect to a corporation for a taxation year, the amount that would be the corporation’s taxable capital for the year as determined under section 181.2 of the Federal Act if the amount of its capital, as determined under subsection 181.2 (3) of that Act included its accumulated other comprehensive income at the end of the year; (“capital imposable”) “taxable capital employed in Canada” means, with respect to a corporation for a taxation year, the corporation’s taxable capital employed in Canada for the year as determined under section 181.4 of the Federal Act. (“capital imposable utilisé au Canada”)  2007, c. 11, Sched. A, s. 81.
82 (1) The amount of capital tax payable under this Division by a corporation other than a financial institution for a taxation year commencing before July 1, 2010 is the amount calculated using the formula, [A × B × (C – D) × E/365] – F in which, “A” is the corporation’s Ontario allocation factor for the year, “B” is the corporation’s capital tax rate for the year, “C” is, (a) the amount of the corporation’s taxable capital for the year if the corporation is resident in Canada, or (b) the amount of the corporation’s taxable capital employed in Canada for the year if the corporation is non-resident, “D” is the corporation’s capital deduction for the year, “E” is, (a) 365 days if there are at least 51 weeks in the year, or (b) the number of days in the year, in any other case, and “F” is the amount, if any, of the corporation’s capital tax credit for manufacturers for the year, as determined under section 83.1. 2008, c. 7, Sched. S, s. 20 (1). Capital tax rate (2) A corporation’s capital tax rate for a taxation year for the purposes of subsection (1) is the sum of, (a) 0.225 per cent multiplied by the ratio of the number of days in the year that are before January 1, 2010 to the total number of days in the year; and (b) 0.15 per cent multiplied by the ratio of the number of days in the year that are after December 31, 2009 and before July 1, 2010 to the total number of days in the year. (c)  Repealed:  2008, c. 7, Sched. S, s. 20 (2). 2007, c. 11, Sched. A, s. 82 (2); 2008, c. 7, Sched. S, s. 20 (2). Section Amendments with date in force (d/m/y) 2008, c. 7, Sched. S, s. 20 (1, 2) - 01/01/2008
85 (1) If an amount in respect of a taxation year ending before January 1, 2009 is relevant in determining eligibility for or the amount of a tax credit under this Part, the amount shall be calculated in the same manner in which it was calculated for the purposes of the Corporations Tax Act.  2007, c. 11, Sched. A, s. 85 (1). Regulations (2) A reference in any provision in this Part to something prescribed, determined or defined by the regulations shall be read as a reference to the thing as prescribed, determined or defined by the regulations made for the purposes of the corresponding provision of the Corporations Tax Act unless a regulation has been made under this Act to prescribe, determine or define the thing.  2007, c. 11, Sched. A, s. 85 (2). Same (3) A regulation made under the Corporations Tax Act that applies for the purposes of this Part shall be read with such modifications as may be required.  2007, c. 11, Sched. A, s. 85 (3).
86 If at any time a corporation becomes or ceases to be exempt from tax under Part I of the Federal Act on its taxable income otherwise than by reason of paragraph 149 (1) (t) of the Federal Act, the corporation is deemed to be a new corporation whose first taxation year begins at that time for the purposes of applying this Part to the corporation in the calculation of the corporation’s entitlements under subsection 84 (1).  2007, c. 11, Sched. A, s. 86. Division B — Corporations and Individuals
87 The amount of a taxpayer’s qualifying environmental trust tax credit for a taxation year is the amount that would be determined under subsection 127.41 (1) of the Federal Act to be the amount of the person’s “Part XII.4 tax credit” for the year if the tax payable under Part XII.4 of the Federal Act by a qualifying environmental trust for a particular taxation year ending in the taxpayer’s taxation year equalled the amount of tax payable by the trust for the particular year under this Act.  2007, c. 11, Sched. A, s. 87.
98.1 An individual is a qualified dependant of another individual for a taxation year for the purposes of this subdivision if he or she would be a qualified dependant for the year for the purposes of subdivision a.1 of Division E of Part I of the Federal Act if the reference in clause (a) of the definition of “qualified dependant” in section 122.6 of the Federal Act to “18 years” were read as “19 years”.  2010, c. 1, Sched. 29, s. 16. Section Amendments with date in force (d/m/y) 2010, c. 1, Sched. 29, s. 16 - 15/12/2009
99 (1) An individual who is a qualifying individual for a taxation year ending before January 1, 2010 may claim an amount for the year in respect of and not exceeding his or her property and sales tax credits, if any, for the year.  2007, c. 11, Sched. A, s. 99 (1); 2009, c. 34, Sched. U, s. 21. Qualifying individual (2) An individual is a qualifying individual for a taxation year for the purposes of this section if, on December 31 in the year, the individual, (a) is resident in Ontario; (b) has reached 16 years of age but is not a senior; (c) does not have a qualifying spouse or qualifying common-law partner who is a senior; (d) is not a qualified dependant of another individual; and (e) has not been confined to a prison or similar institution for a total of more than 180 days during the year.  2007, c. 11, Sched. A, s. 99 (2). Amount of tax credit (3) Subject to section 101, the amount of a qualifying individual’s property and sales tax credits under this section for a taxation year is the lesser of $1,000 and the amount, if any, calculated using the formula, (A + B) – [0.02 × (C – $4,000)] in which, “A” is the individual’s property tax credit equal to the sum of, (a) the lesser of $250 and the individual’s occupancy cost for the year, and (b) an amount equal to 10 per cent of the individual’s occupancy cost for the year, “B” is the individual’s sales tax credit equal to the sum of, (a) $100 in respect of the individual, (b) $100 in respect of the individual’s qualifying spouse or qualifying common-law partner, and (c) $50 in respect of every qualified dependant of the individual, and “C” is the greater of $4,000 and the individual’s adjusted income for the year. 2007, c. 11, Sched. A, s. 99 (3); 2008, c. 7, Sched. S, s. 26; 2008, c. 19, Sched. U, s. 6. Section Amendments with date in force (d/m/y) 2008, c. 7, Sched. S, s. 26 - 01/01/2009; 2008, c. 19, Sched. U, s. 6 - 01/01/2009 2009, c. 34, Sched. U, s. 21 - 15/12/2009
101.0.1 (1) In this subdivision, “designated long-term care home” means, in respect of an individual, a designated principal residence of the individual that is a long-term care home in Ontario, (a) that was exempt in whole or in part from municipal tax for the year, and (b) for which no grant in lieu of municipal tax is payable by the owner under any statutory authority or, if payable, has not been paid; (“foyer de soins de longue durée désigné”) “qualified dependant” has the meaning assigned by section 122.6 of the Federal Act; (“personne à charge admissible”) “reserve” has the same meaning as in the Indian Act (Canada). (“réserve”)  2010, c. 1, Sched. 29, s. 17; 2010, c. 23, s. 4 (2, 3). (2) Repealed:  2010, c. 23, s. 4 (4). Section Amendments with date in force (d/m/y) 2010, c. 1, Sched. 29, s. 17 - 01/01/2010; 2010, c. 23, s. 4 (1-4) - 29/11/2010
101.3 The following rules apply in determining the amount, if any, of an individual’s Ontario energy and property tax credit under section 101.1 or 101.2 for a taxation year: 1. If an individual has a qualifying spouse or qualifying common-law partner at any time in a taxation year, i. only one of them may claim the Ontario energy and property tax credit for the year, and ii. for the purposes of determining the amount of the Ontario energy and property tax credit for the year, the occupancy cost for the year of the individual claiming the credit may include the occupancy cost, if any, of his or her qualifying spouse or qualifying common-law partner for the year. 2. If two or more individuals inhabit the same principal residence in a taxation year and each of them is entitled to claim an Ontario energy and property tax credit for the year in respect of the residence, the total occupancy cost relating to the residence is allocated to each of them according to the following: i. The beneficial ownership of each of them in the principal residence, if the principal residence is not a non-seasonal mobile home and is not a residence occupied pursuant to a life lease or a lease having a term of 10 years or more. ii. The portion of the rent for the principal residence that each of them paid in respect of the occupation of the residence in the year. iii. In the case of a principal residence that is a non-seasonal mobile home owned and occupied by one or both of them, the amount paid for the year by each of them to the owner of the land on which the mobile home is located that can reasonably be considered to have been paid to compensate the owner for municipal tax assessed against the land for the year and the amount of municipal tax that was paid by each of them for the year in respect of the mobile home. iv. In the case of a principal residence occupied pursuant to a life lease or a lease having a term of 10 years or more where the lease has been paid in full, the same percentage of the amount of municipal tax that is reasonably applicable to the residence for the taxation year as the percentage interest of each of them in the lease. 3. If an individual has more than one taxation year ending in a calendar year, the individual shall have an occupancy cost for only the last taxation year ending in the calendar year and the amount of that occupancy cost shall be the amount that would be determined if that taxation year included all previous taxation years ending in the calendar year.  2009, c. 34, Sched. U, s. 23; 2010, c. 23, s. 7. Section Amendments with date in force (d/m/y) 2009, c. 34, Sched. U, s. 23 - 15/12/2009 2010, c. 23, s. 7
- 29/11/2010 Subdivision d — Other Tax Credits
103.2 (1) For July 2012 and subsequent months, an individual is eligible to be paid an Ontario Trillium Benefit for a month if he or she is resident in Ontario at the beginning of the month.  2011, c. 9, Sched. 40, s. 6. Amount of Benefit (2) The amount of an individual’s Ontario Trillium Benefit for a month is the sum of the following: 1. The amount, if any, of his or her Ontario sales tax credit for the month, as determined under section 103.8. 2. The amount, if any, of his or her Ontario energy and property tax credit for the month, as determined under sections 103.9 to 103.11. 3. The amount, if any, of his or her Northern Ontario energy credit for the month, as determined under section 103.12.  2011, c. 9, Sched. 40, s. 6. Same, 12-month period (2.1) The amount of an individual’s Ontario Trillium Benefit for the 12 months that relate to a particular base taxation year is the sum of all amounts each of which is the individual’s Benefit for a month in that 12-month period. 2013, c. 2, Sched. 14, s. 1. Status of Benefit (3) The amount of an individual’s Ontario Trillium Benefit for a month is deemed to be an overpayment on account of the individual’s liability for tax under this Act, and the overpayment is deemed to have arisen during that month.  2011, c. 9, Sched. 40, s. 6. Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 40, s. 6 - 12/05/2011 2013, c. 2, Sched. 14, s. 1 - 21/06/2013
103.5 (1) For the purposes of section 103.8, an individual is a qualified dependant of another individual for a month, (a) if he or she is a qualified dependant of the individual as defined in subsection 122.5 (1) of the Federal Act; and (b) if he or she is not a person described in subsection 122.5 (2) of the Federal Act.  2011, c. 9, Sched. 40, s. 6. For other credits (2) For the purposes of sections 103.9, 103.10 and 103.12, an individual is a qualified dependant of another individual for a month, (a) if he or she would be a qualified dependant of the individual as defined in subsection 122.5 (1) of the Federal Act if the reference to “19 years” in clause (c) of that definition were read as “18 years”; and (b) if he or she is not a person described in subsection 122.5 (2) of the Federal Act.  2011, c. 9, Sched. 40, s. 6. Change in status (3) For the purposes of sections 103.9, 103.10 and 103.12, if a qualified dependant of an individual attains the age of 18 or becomes a parent who resides with their child after December 31 of a base taxation year that relates to a particular month, the amount of the individual’s credit under each of those sections for the month is determined as though the qualified dependant had not attained the age of 18 or had not become a parent who resides with their child.  2011, c. 9, Sched. 40, s. 6; 2021, c. 4, Sched. 11, s. 37 (1). Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 40, s. 6 - 12/05/2011 2021, c. 4, Sched. 11, s. 37 (1) - 19/04/2021
103.6 (1) For the purposes of this Part, an individual is a qualified relation of another individual for a month if he or she is a qualified relation of the individual as defined in subsection 122.5 (1) of the Federal Act and is not a person described in subsection 122.5 (2) of the Federal Act.  2011, c. 9, Sched. 40, s. 6. Deeming provision, certain credits (2) For the purposes of sections 103.9, 103.10 and 103.12, if an individual has a qualified relation at the end of a base taxation year, the individual is deemed to have a qualified relation for every month that relates to that base taxation year.  2011, c. 9, Sched. 40, s. 6. Same (3) For the purposes of sections 103.9, 103.10 and 103.12, if an individual does not have a qualified relation at the end of a base taxation year, he or she is deemed not to have a qualified relation for every month that relates to that base taxation year.  2011, c. 9, Sched. 40, s. 6. Exception and election (4) The following rules apply if two individuals are qualified relations in respect of each other but, because of medical necessity, they are living separate and apart at the end of a base taxation year: 1. For the purposes of sections 103.9, 103.10, 103.11 and 103.12, subsections 103.13 (1) and (2) and section 103.14, the individuals may elect not to be qualified relations of each other for the months that relate to that base taxation year. 2. They make this election by designating their preference in their returns of income under this Act for that base taxation year. 3. If the individuals do not make such an election in this manner, the individuals are considered to be qualified relations of each other for the months that relate to that base taxation year.  2011, c. 9, Sched. 40, s. 6; 2014, c. 7, Sched. 29, s. 11. Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 40, s. 6 - 12/05/2011 2014, c. 7, Sched. 29, s. 11 - 12/05/2011
103.7 Subsections 122.5 (5), (6), (6.1), (6.2) and (7) and 160.1 (1.1) and paragraph 164 (1.5) (a) of the Federal Act apply for the purposes of this Part in respect of the Ontario Trillium Benefit as if a reference in any of those provisions to a provision of subdivision a.1 of Division E of Part I of the Federal Act were a reference to the corresponding provision of this Part.  2011, c. 9, Sched. 40, s. 6. Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 40, s. 6 - 12/05/2011 Calculations
103.11 (1) The rules set out in this section apply in determining the amount, if any, of an individual’s Ontario energy and property tax credit under section 103.9 or 103.10.  2011, c. 9, Sched. 40, s. 6. Qualified relation, one individual is senior (2) If the individual has a qualified relation at the end of a particular base taxation year but only one of them is a senior, only the senior may receive an Ontario energy and property tax credit for the months that relate to that base taxation year.  2011, c. 9, Sched. 40, s. 6. Two or more individuals, one principal residence (3) If two or more individuals inhabit the same principal residence in a particular base taxation year and each of them is entitled to receive an Ontario energy and property tax credit in respect of the residence for a month that relates to that base taxation year, the total occupancy cost relating to the residence is allocated to each of them according to the following: 1. The beneficial ownership of each of them in the principal residence, if the principal residence is not a mobile home and is not a residence occupied pursuant to a life lease or a lease having a term of 10 years or more. 2. The portion of the rent for the principal residence that was paid by or on behalf of each of them in respect of the occupation of the residence in the year. 3. In the case of a principal residence that is a mobile home owned and occupied by one or both of them, the amount paid for the year by or on behalf of each of them to the owner of the land on which the mobile home is located that can reasonably be considered to have been paid to compensate the owner for municipal tax assessed against the land for the year and the amount of municipal tax that was paid by or on behalf of each of them for the year in respect of the mobile home. 4. In the case of a principal residence occupied pursuant to a life lease or a lease having a term of 10 years or more where the lease has been paid in full, the same percentage of the amount of municipal tax that is reasonably applicable to the residence for the taxation year as the percentage interest of each of them in the lease.  2011, c. 9, Sched. 40, s. 6; 2015, c. 38, Sched. 20, s. 7. Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 40, s. 6 - 12/05/2011 2015, c. 38, Sched. 20, s. 7 - 10/12/2015
103.13 (1) If an individual has a qualified relation at the end of a base taxation year and receives a grant under section 104.1 for that year, the individual and not his or her qualified relation may receive the following credits under this Part for the months that relate to that year: 1. An Ontario energy and property tax credit. 2. A Northern Ontario energy credit.  2011, c. 9, Sched. 40, s. 6. Same (2) If an individual has a qualified relation at the end of a base taxation year and the individual’s Ontario Trillium Benefit for a month relating to that taxation year includes an amount for the Northern Ontario energy credit, the individual and not his or her qualified relation may receive an Ontario energy and property tax credit for the month.  2011, c. 9, Sched. 40, s. 6. Same, if Ontario sales tax credit received (3) A regulation made by the Minister may provide that, if an individual has a qualified relation at the end of a base taxation year and the individual applies to receive an Ontario Trillium Benefit that includes an amount for an Ontario sales tax credit for a particular month, the individual and not his or her qualified relation may apply for, and receive, an Ontario energy and property tax credit and a Northern Ontario energy credit for the month.  2011, c. 9, Sched. 40, s. 6. Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 40, s. 6 - 12/05/2011
103.14 (1) Subsection (2) applies in respect of an individual for the purposes of this Part if the individual has died (in this section referred to as the “deceased individual”), the deceased individual’s death occurred after December 31 of a base taxation year to which a particular month relates and before the beginning of the particular month and the deceased individual would have been, but for their death, (a) an eligible individual at the beginning of the month who has a qualified relation; or (b) an individual who is a qualified relation or a qualified dependant in respect of an eligible individual at the beginning of the month.  2011, c. 9, Sched. 40, s. 6; 2014, c. 7, Sched. 29, s. 13; 2023, c. 8, Sched. 9, s. 8 (1). Continuation of credit (2) If this subsection applies in respect of a deceased individual, the entitlement of the deceased individual, or of an eligible individual in respect of whom the deceased individual is a qualified relation or a qualified dependant, to an Ontario energy and property tax credit or a Northern Ontario energy credit for the particular month under this Part shall be determined as if the deceased individual had not died.  2011, c. 9, Sched. 40, s. 6; 2023, c. 8, Sched. 9, s. 8 (2). Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 40, s. 6 - 12/05/2011 2014, c. 7, Sched. 29, s. 13 - 12/05/2011 2023, c. 8, Sched. 9, s. 8 (1-2) - 18/05/2023
103.15 (1) If it is determined that an individual received payment of an Ontario Trillium Benefit to which he or she is not entitled or received an amount greater than the amount to which he or she is entitled, the individual shall repay the amount or the excess amount, as the case may be, to the Ontario Minister.  2011, c. 9, Sched. 40, s. 6. Exception (2) Subsection (1) does not apply if the amount that is repayable for a year is not more than $2.  2011, c. 9, Sched. 40, s. 6. Recovery of excess amounts (3) An amount repayable under subsection (1) that has not been repaid to the Ontario Minister constitutes a debt to the Crown in right of Ontario and may be recovered by way of deduction, set-off or in any court of competent jurisdiction in proceedings commenced at any time or in any other manner provided by this Act.  2011, c. 9, Sched. 40, s. 6. Special circumstances (4) If owing to special circumstances it is deemed unreasonable to demand repayment of the whole amount repayable under subsection (1), the Ontario Minister may accept such amount as he or she considers proper.  2011, c. 9, Sched. 40, s. 6. Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 40, s. 6 - 12/05/2011
103.16 No interest is payable on the amount of an Ontario Trillium Benefit paid by the Ontario Minister or repayable by an individual under this Part.  2011, c. 9, Sched. 40, s. 6. Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 40, s. 6 - 12/05/2011
103.17 (1) An amount payable as an Ontario Trillium Benefit or an entitlement to the payment of an Ontario Trillium Benefit shall not be assigned, charged, attached or given as security and shall not be garnished.  2011, c. 9, Sched. 40, s. 6. Exception, family orders (2) Subsection (1) does not affect or restrict the garnishment or attachment of payments under this Part pursuant to the Family Orders and Agreements Enforcement Assistance Act (Canada).  2011, c. 9, Sched. 40, s. 6. Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 40, s. 6 - 12/05/2011 Part v   Ontario Child Benefit Ontario child benefit
104.3 (1) A corporation that is a qualifying corporation for a taxation year is entitled to a refund under this Part for the year equal to the amount of its Ontario tax exemption for commercialization for the year if the requirements of this Part are satisfied.  2008, c. 24, s. 5. Amount of the exemption (2) Subject to subsection (3), the amount of a corporation’s Ontario tax exemption for commercialization for a taxation year is equal to the sum of, (a) the amount of tax payable and paid by the corporation under Division B of Part III for the year less the amount, if any, the corporation is entitled to claim for the year under Part IV; and (b) the amount of tax payable and paid by the corporation under Division C of Part III for the year.  2008, c. 24, s. 5. Nil exemption (3) The amount of a corporation’s Ontario tax exemption for commercialization for a taxation year is nil if, (a) the corporation has not claimed the maximum amount of all deductions and allowances to which it is entitled under this Act and the Federal Act in computing its income and taxable income for the taxation year and for each of its previous taxation years; (b) the corporation is or has been, at any time since it was incorporated, associated with another corporation within the meaning of section 256 of the Federal Act if paragraphs 256 (1) (c), (d) and (e) of that Act were read without reference to “other than a specified class”; (c) the corporation is or has been, at any time since it was incorporated, related to another corporation within the meaning of section 251 of the Federal Act; (d) control of the corporation is acquired directly or indirectly in any manner whatever during the period commencing March 25, 2012 and ending at the end of the corporation’s 10th taxation year after it was incorporated; (e) the Minister of Research and Innovation notifies the corporation that it is ineligible to receive a certificate of eligibility under this Part or that the Minister of Research and Innovation has revoked the certificate of eligibility issued to the corporation for the year; or (f) during the taxation year or a previous taxation year, the corporation sold all or substantially all of the property it used in carrying on an eligible commercialization business.  2008, c. 24, s. 5. Exception re associated corporations (4) Clause (3) (b) does not apply if the corporation that was associated with the qualifying corporation was, at all times while it was associated with the qualifying corporation, (a) a qualifying institute; or (b) a corporation that is prescribed by the Ontario Minister or that satisfies conditions prescribed by the Ontario Minister.  2008, c. 24, s. 5. Exception re related corporations (5) Clause (3) (c) does not apply if the corporation that was related to the qualifying corporation was, at all times while it was related to the qualifying corporation, (a) a qualifying institute; or (b) a corporation that is prescribed by the Ontario Minister or that satisfies conditions prescribed by the Ontario Minister.  2008, c. 24, s. 5. Section Amendments with date in force (d/m/y) 2008, c. 24, s. 5
- 10/12/2008
104.4 (1) To be eligible to apply for a refund under this Part, a qualifying corporation must apply for, be eligible to receive and receive a certificate of eligibility for the year issued by the Minister of Research and Innovation.  2008, c. 24, s. 5. Application (2) An application for a certificate of eligibility for a taxation year shall be made to the Minister of Research and Innovation after the end of the year to which it relates, in a form approved by the Minister of Research and Innovation.  2008, c. 24, s. 5. Additional information or records (3) A corporation applying for a certificate of eligibility shall provide such additional information and records as the Minister of Research and Innovation may specify in order to evaluate the application.  2008, c. 24, s. 5. Criteria for issuing certificate of eligibility (4) The Minister of Research and Innovation may issue a certificate of eligibility to the corporation for the year if he or she is satisfied that the corporation carried on an eligible commercialization business during the year.  2008, c. 24, s. 5. Failure to satisfy all criteria (5) If, after reviewing the application and all other relevant information and records, the Minister of Research and Innovation is of the opinion that the corporation has failed to satisfy the criteria set out in subsection (4), the Minister of Research and Innovation shall notify the corporation in writing of his or her decision not to issue the certificate and the reasons for the decision.  2008, c. 24, s. 5. Revocation of certificate (6) If, at any time after issuing a certificate of eligibility to a corporation, the Minister of Research and Innovation subsequently determines that the corporation failed to satisfy the criteria set out in subsection (4), the Minister of Research and Innovation may, (a) revoke the certificate; and (b) notify the corporation and the Minister of Revenue of the revocation of the certificate and the reasons for the revocation.  2008, c. 24, s. 5. Decision not to issue or to revoke certificate is final (7) The decision of the Minister of Research and Innovation not to issue a certificate of eligibility to a corporation for a taxation year or to revoke a certificate of eligibility previously issued to the corporation for the year is final and conclusive, and sections 124 to 128 do not apply in respect of the decision.  2008, c. 24, s. 5. Section Amendments with date in force (d/m/y) 2008, c. 24, s. 5
- 10/12/2008