103.1.2 (1) In this section, “agricultural product” has the meaning prescribed by the regulations; (“produit agricole”) “eligible community food program” means a person or entity that, (a) is engaged in the distribution of food to the public without charge in Ontario, including as a food bank, (b) is registered as a charity under the Federal Act, and (c) satisfies the other conditions that are prescribed by the regulations; (“programme alimentaire communautaire admissible”) “eligible person” means, (a) an individual who carries on the business of farming in Ontario or his or her spouse or common-law partner, or (b) a corporation that carries on the business of farming in Ontario. (“personne admissible”) 2013, c. 7, s. 8 (2). References to “tax otherwise payable” in subs. (3) (1.1) For the purposes of subsection (3), the reference to the expression “tax otherwise payable” is, (a) for a taxation year ending after December 31, 2013 and before January 1, 2021, deemed to refer to the amount of tax that is payable under Division B of Part II by the individual for the year; and (b) for a taxation year ending after December 31, 2020, deemed to refer to the amount of tax that would be payable under Division B of Part II by the individual for the year if it were determined without references to section 12.1. 2020, c. 36, Sched. 43, s. 8 (1). Qualifying donation (2) A donation is a qualifying donation for a taxation year if both of the following criteria are met: 1. The donation is a donation of one or more agricultural products produced in Ontario by an eligible person and is donated by an eligible person to an eligible community food program in Ontario. 2. The donation is made on or after January 1, 2014. 2013, c. 7, s. 8 (2). Amount of the tax credit, individuals (3) An eligible person who is an individual and who was resident in Ontario on the last day of a taxation year ending after December 31, 2013 may deduct from the amount of tax otherwise payable for the year a community food program donation tax credit not exceeding the amount calculated using the formula, A × B in which, “A” is the sum of the fair market value of each qualifying donation, the fair market value of which was used in calculating the amount deducted by the individual under subsection 9 (21) in computing the amount of his or her tax payable for the year, and “B” is 25 per cent. 2013, c. 7, s. 8 (2); 2017, c. 34, Sched. 40, s. 10 (1); 2020, c. 36, Sched. 43, s. 8 (2). Amount of the tax credit, corporations (4) An eligible person that is a corporation may deduct from the amount of tax otherwise payable for the year under Division B of Part III, for a taxation year ending after December 31, 2013, a community food program donation tax credit not exceeding the amount calculated using the formula, C × D in which, “C” is that part of the person’s qualifying donations for the year that was deducted by the person under subsection 110.1 (1) of the Federal Act in computing the person’s taxable income for the year, and “D” is 25 per cent. 2013, c. 7, s. 8 (2); 2017, c. 34, Sched. 40, s. 10 (2). Trusts (5) A trust is not entitled to a tax credit under this section. 2013, c. 7, s. 8 (2). Regulations (6) The Lieutenant Governor in Council may make regulations prescribing any rules the Lieutenant Governor in Council considers necessary or advisable for the purposes of the proper administration of the credit under this section. 2013, c. 7, s. 8 (2). Section Amendments with date in force (d/m/y) 2013, c. 7, s. 8 (2)
- 15/08/2014 2017, c. 34, Sched. 40, s. 10 (1, 2) - 14/12/2017 2020, c. 36, Sched. 43, s. 8 (1) - 08/12/2020; 2020, c. 36, Sched. 43, s. 8 (2) - 15/08/2014 part iv.1   ontario trillium benefit Ontario Trillium Benefit