Taxation Act, 2007, S.O. 2007, c. 11, Sched. A

• Jurisdiction: Ontario

Taxation Act, 2007

S.o. 2007, chapter 11
Schedule A

Consolidation Period: From May 18, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 8, Sched. 9.

CONTENTS

Part i
interpretation and application

Interpretation

Definitions

1 (1) In this Act,

“agreeing province” means a province that has entered into an agreement with the Government of Canada under which the Government of Canada will collect taxes payable under the income tax statute of that province and will make payments to that province in respect of the taxes so collected; (“province participante”)

“assessment” includes a reassessment and an additional assessment; (“cotisation”)

“basic rate of tax” means, with respect to a corporation for a taxation year, the corporation’s basic rate of tax for the year as determined under subsection 29 (2); (“taux d’imposition de base”)

“Canadian-controlled private corporation” means a corporation that would be a Canadian-controlled private corporation for the purposes of the Federal Act if the definition of that expression in subsection 125 (7) of that Act were read without reference to clause (d) of the definition; (“société privée sous contrôle canadien”)

“cohabiting spouse or common-law partner” has the meaning assigned by section 122.6 of the Federal Act but, in section 104.1 of this Act, has the meaning assigned in that section; (“conjoint ou conjoint de fait visé”)

“collection agreement” means a collection agreement referred to in section 161; (“accord de perception”)

“deputy head” means the Deputy Minister of Finance or, if a collection agreement is in effect, the Commissioner of Revenue appointed under section 25 of the Canada Revenue Agency Act (Canada); (“sous-ministre”)

“designated corporation” means, with respect to a particular corporation,

(a) a corporation that amalgamated with one or more other corporations to form the particular corporation, if section 87 of the Federal Act applies to the amalgamation,

(b) a corporation that winds up into the particular corporation, if subsection 88 (1) of the Federal Act applies to the winding-up, or

(c) a corporation that is a designated corporation with respect to a corporation that is itself a designated corporation with respect to the particular corporation; (“société désignée”)

“Federal Act” means the Income Tax Act (Canada); (“loi fédérale”)

“federal application rule” means a provision of an Act of Parliament or of the Federal regulations, other than subsection 248 (11) of the Federal Act, that,

(a) affects the application of a provision of the Federal Act or the Federal regulations, or

(b) makes a provision, or the repeal or amendment of a provision, of the Federal Act or Federal regulations apply,

(i) to specified taxation years,

(ii) to specified fiscal periods,

(iii) after a specified time, or

(iv) to transactions or events that occur before or after a specified time or in specified taxation years or specified fiscal periods; (“règle d’application fédérale”)

“Federal Minister” means the Minister of National Revenue for Canada; (“ministre fédéral”)

“Federal regulations” means the regulations made under the Federal Act; (“règlement fédéral”)

“graduated rate estate” means a graduated rate estate as defined in subsection 248 (1) of the Federal Act; (“succession assujettie à l’imposition à taux progressifs”)

“income” means,

(a) in respect of a corporation for a taxation year,

(i) the corporation’s income for the year as determined for the purposes of the Federal Act, if the taxation year ends after December 31, 2008, or

(ii) the corporation’s income for the year as determined for the purposes of Part II of the Corporations Tax Act or the Federal Act, as the context requires, if the taxation year ends before January 1, 2009, or

(b) in respect of an individual for a taxation year,

(i) the total determined under paragraph 114 (a) of the Federal Act in the case of an individual in respect of whom section 114 of the Federal Act applies,

(ii) the amount that would be the individual’s taxable income earned in Canada for the year under subsection 115 (1) of the Federal Act if that subsection ended with clause (1) (c), in the case of an individual not resident in Canada throughout the year, or

(iii) the individual’s income for the year as determined in accordance with and for the purposes of the Federal Act in any other case; (“revenu”)

“income tax statute” means, with reference to a province, the law of that province that imposes a tax similar to the tax imposed under Division B of Part II; (“loi de l’impôt sur le revenu”)

“individual” means a person other than a corporation and includes a trust referred to in subdivision k of Division B of Part I of the Federal Act, a graduated rate estate and a qualified disability trust; (“particulier”)

“limited partner” means, in respect of a partnership, a member of the partnership whose liability as a member of the partnership is limited by operation of a law governing the partnership arrangement, but does not include a member of a partnership whose liability as a member of the partnership is limited solely by operation of a provision of a statute of Canada or a province that limits the member’s liability only for debts, obligations and liabilities of the partnership or a member of the partnership, arising from negligent acts or omissions, from misconduct or from fault of another member of the partnership or an employee, an agent or a representative of the partnership in the course of the partnership business while the partnership is a limited liability partnership; (“commanditaire”)

“Minister of Finance” means the Minister of Finance for Ontario or such other member of the Executive Council as is designated under the Executive Council Act to administer this Act; (“ministre des Finances”)

“notice of assessment” includes a notice of a reassessment and a notice of an additional assessment; (“avis de cotisation”)

“Ontario allocation factor” means, with respect to a corporation for a taxation year ending after December 31, 2008, the fraction equal to “A/B” where,

(a) “A” equals,

(i) the corporation’s Ontario taxable income for the taxation year if the corporation’s taxable income or taxable income earned in Canada, as the case may be, for the taxation year is a positive amount, or

(ii) the amount that would be the corporation’s Ontario taxable income for the taxation year if the corporation’s taxable income or taxable income earned in Canada were $1,000, in any other case, and

(b) “B” equals,

(i) the corporation’s taxable income or taxable income earned in Canada, as the case may be, for the taxation year if it is a positive amount, or

(ii) $1,000, in any other case; (“coefficient de répartition de l’Ontario”)

“Ontario allocation factor” means, in respect of a corporation for a taxation year ending before January 1, 2009, the corporation’s Ontario allocation factor for the year as determined under subsection 12 (1) of the Corporations Tax Act; (“coefficient de répartition de l’Ontario”)

“Ontario Health Premium” means the tax described in Division C of Part II; (“contribution-santé de l’Ontario”)

“Ontario Minister” means the Minister of Finance or, if a collection agreement is in effect, means,

(a) the Receiver General for Canada, in relation to the remittance of an amount as or on account of tax or other amounts payable under this Act, or

(b) the Federal Minister, in relation to any other matter except the administration and enforcement of Part V.2 and section 127.1; (“ministre ontarien”)

“Ontario taxable income” means, with respect to a corporation for a taxation year, the corporation’s taxable income earned in the year in Ontario, as determined under the Federal regulations made under subsection 124 (4) of the Federal Act; (“revenu imposable gagné en Ontario”)

“overpayment” means, with respect to a taxpayer for a taxation year, the taxpayer’s overpayment for the year, as determined under subsection 164 (7) of the Federal Act for the purposes of this Act; (“paiement en trop”)

“permanent establishment”,

(a) has the meaning assigned by subsection 400 (2) of the Federal regulations in the case of a corporation, and

(b) has the meaning assigned by subsection 2600 (2) of the Federal regulations in the case of an individual; (“établissement stable”)

“prescribed” means, unless the context indicates otherwise,

(a) “prescribed” as defined in subsection 248 (1) of the Federal Act, in the application of any provision of the Federal Act, other than subsection 153 (1), that applies for the purposes of this Act, and

(b) prescribed by the regulations or determined in accordance with rules prescribed by the regulations in any other case; (“prescrit”)

“province” means a province of Canada and includes each territory of Canada; (“province”)

“provision” includes, in respect of a statute or regulation, a definition in a provision of the statute or regulation; (“disposition”)

“qualified disability trust” means a qualified disability trust as defined in subsection 122 (3) of the Federal Act; (“fiducie admissible pour personne handicapée”)

“qualifying environmental trust” means a qualifying environmental trust, as defined in subsection 248 (1) of the Federal Act, that is resident in Ontario; (“fiducie pour l’environnement admissible”)

“Receiver General for Canada” means the Receiver General for Canada, but in any provision of the Federal Act that is incorporated by reference in this Act, unless a collection agreement is entered into, a reference to the Receiver General for Canada shall be read and construed for the purposes of this Act as a reference to the Minister of Finance; (“receveur général du Canada”)

“regulation” means, unless the context indicates otherwise, a regulation made under this Act. (“règlement”) 2007, c. 11, Sched. A, s. 1 (1); 2008, c. 7, Sched. S, s. 1; 2008, c. 24, s. 4; 2011, c. 9, Sched. 40, s. 1; 2015...