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Taxation in Ontario

your essential guide

Table of Contents

Doing Business in Canada

Establishing a Business

Registering a Business

Investment Canada Act

The Canadian Tax System

The Levying of Taxes in Canada

Tax Collection in Canada

Corporate Income Tax in Ontario

Income Allocation

Comparing Ontario's Combined Corporate Income Tax Rates

Tax Credits and Incentives

Tax Credits for Particular Industries

International Comparison of Effective Tax Rates

Determining Taxable Income

Tax Incentives to Further Reduce Taxable Income

Research and Development Tax Incentives

Rules for Non-residents

Withholding Tax Rates

Corporate Minimum Tax

Capital Taxes in Ontario

Ontario General Capital Tax

Ontario Financial Institutions Capital Tax

The Small Bank Investment Tax Credit

Premium Taxes on Insurance Companies

Federal Capital Taxes

Payroll Taxes

Employment Insurance Premiums

Canada Pension Plan Contributions

Employer Health Tax

How Competitive Are Ontario Payroll Taxes?

Commodity Taxes in Ontario

The Ontario Retail Sales Tax

The Federal Goods and Services Tax

Gasoline and Diesel Fuel Taxes

Local Taxes

Personal Income Tax in Ontario

Basic Personal Income Tax

Tax Credits

Ontario Personal Income Surtax

Alternative Minimum Tax

Personal Income Tax Incentives and Credits

Personal Tax Rate Comparisons

Abbreviations

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Doing Business in Canada

Establishing a Business

There are three common forms most often used by foreign corporations looking to establish a business in Canada. They may conduct operations:

  • without a formal presence in the country;
  • through a branch; or
  • through a Canadian subsidiary corporation.

Foreign investors may also use partnerships, joint ventures or trusts in certain circumstances; each will have different implications for tax obligations and legal liability. For example, a partnership, unlike a corporation, is not a separate legal person for income tax purposes, and is not subject to income tax. A partnership must compute income subject to tax, but this taxable income is allocated to the partners, who then include it in their own income subject to tax.

No Formal Canadian Presence

A foreign business may decide not to establish a formal legal entity in Canada but merely sell to the Canadian market from the foreign jurisdiction. Non-resident representatives may visit Canada on a temporary basis to sell products and to service customers. While this manner of conducting operations avoids many corporate tax or legal implications, it is impractical for any substantial level of business.

Branch Operations

A foreign organization that has extensive operations in Canada may establish a division or branch in Canada. A branch or another form of permanent establishment is subject to Canadian tax and corporate laws and to certain licensing and registration requirements.

Corporate Subsidiary

A foreign organization may prefer to operate in Canada through a subsidiary instead of a branch. Operating through a subsidiary provides the Canadian operations with more independence.


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Registering a Business

Both federal and provincial governments in Canada have rules requiring foreign corporations to acquire a licence to carry on a business or to apply for registration. These requirements are similar to those for domestic businesses and are designed to create a record or account of the corporation with the relevant govern-ment authorities, in order to facilitate compliance with domestic rules and regulations.

For example, in Ontario, a Retail Sales Tax (RST) Vendor Permit has to be obtained at the start of certain business activities.

A Vendor Permit identifies the business entity and is required for various compliance formalities under the Ontario Retail Sales Tax Act such as:

charging, collecting, and remitting RST on sales of taxable goods and/or taxable services;

accounting for the RST on taxable goods imported into Ontario for own use and consumption;

collecting of the RST on premiums for certain types of insurance contracts and benefits plans; and

accounting for the RST if you are a real property contractor and you manufacture goods with a cost in excess of $50,0002 in a fiscal year for use in your contracts.

You must register for a Vender Permit even if your sales are low – there is no minimum amount.

You do not need a Vendor Permit if:

  • you sell only tax-exempt goods, such as some food products or prescription drugs;
  • you provide only non-taxable services, such as accounting, legal or professional services; or
  • you are a wholesaler or manufacturer, and do not make retail sales.

Similarly, you are required to register for the federal Goods and Services Tax (GST) if you will be making taxable sales in Canada in excess of $30,000 per annum.

Obtaining Registration Forms and Other Documents

The various federal and provincial registration forms, and other government documents pertaining to the establishment of a business in Ontario, can be found at the Canada-Ontario Business Service Centres: http://www.cbsc.org/ontario/.


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Investment Canada Act

The Investment Canada Act was enacted to:

"encourage... investment in Canada by Canadians and non-Canadians that contributes to economic growth and employment opportunities and to provide for the review of significant investments in Canada by non-Canadians in order to ensure such benefit to Canada."2

Notification of new foreign investment

Under this Act, an investor must notify Industry Canada of the new investment within 30 days of the transaction.3

Approval of new foreign investment

Investment size and percentage of foreign ownership determine if the foreign investment in Canada must also be approved. An investment is subject to review if:

  • a foreign investor directly or indirectly4 acquires a Canadian business with assets of $5 million or more; or

  • a foreign investor acquires a foreign parent corporation that has a Canadian subsidiary with assets of $50 million or more; or

  • the acquired Canadian subsidiary has assets of $5 million or more and represents more than 50% of the assets of the acquired group.

A “cultural business” is always subject to review and must be approved by the Minister of Canadian Heritage. The thresholds on foreign ownership control described above do not apply to a cultural business.

For more information about the Investment Canada Act, including guidelines and access to forms, visit: http://investcan.ic.gc.ca/

The Cost Advantage

A recent study, Competitive Alternatives: G7-2004 Edition, comparing business costs across North America, Europe and Asia-Pacific, found that Canada had the lowest costs among 11 countries in 2004. In particular, Canada had a 9.0% cost advantage over the United States.1

The chart, right, summarizes the overall findings of the study. Further details on this study can be found at http://www.competitivealternatives.com

The Cost Advantage

CountryIndex Value (US=100)
Canada91.0
Australia91.5
United Kingdom97.6
Italy98.7
France99.1
United States100
Netherlands104.0
Germany113.9
Japan123.8

Source: KPMG Competitive Alternatives: G7-2004 Edition


1. This report used an exchange rate of US$0.647 per Canadian dollar. Sensitivity analysis included in the report indicates that even at the current exchange rate of $0.72, the Canadian cost advantage would be approximately 10% over the United States.
2. Investment Canada Act, 1985, Paragraph 2.
3. If the investment is in a “cultural business,” the Department of Canadian Heritage must also be notified
4. An indirect acquisition is a transaction involving the acquisition of the shares of a company incorporated outside of Canada, which owns subsidiaries in Canada. An asset transaction where the vendor is the Canadian business in Canada is considered a direct acquisition.

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The Canadian Tax System

The Levying of Taxes in Canada

There are three levels of government in Canada that can levy taxes:

  • the federal government;
  • the 10 provincial and three territorial governments; and
  • the municipal governments.

While the federal government has unrestricted powers to levy taxes, provincial governments are limited to direct taxation within their provincial boundaries.

What constitutes a “direct” tax is defined relatively broadly. Income and property taxes are viewed as direct taxes. Sales and commodity taxes are also treated as direct taxes if the tax is expressly levied on the final users, even though it is collected and remitted by inter-mediaries or persons making the sale. Indirect taxes are those that are levied on one taxpayer with the expectation that the taxpayer will recoup the cost from someone else.

Given this broad definition of direct taxes, there is significant overlap in federal and provincial tax jurisdictions. Both levels of government levy personal and corporate income, payroll, sales, and other commodity taxes. Customs duties are the only major form of levy that is imposed exclusively by the federal government, under its exclusive powers to regulate international trade and commerce.

In order to reduce the level of complexity or compliance costs that could otherwise arise from the overlapping tax jurisdiction, the federal and provincial governments have entered into agreements to jointly collect taxes. There is also a large degree of harmonization in the corporate and personal income tax bases for federal and provincial taxes.

Municipal governments are legal creations of the provincial governments and are restricted to specific forms of direct taxation. Currently, they raise their revenues primarily from property taxes on households and businesses and from user fees. They also receive transfer payments from the provincial governments.


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Tax Collection in Canada

In order to simplify compliance, most provinces, including Ontario, have entered into tax collection agreements with the federal government, which collects certain provincial taxes on the provinces' behalf.

The Canada Revenue Agency (CRA) is the federal agency responsible for collecting all federal taxes, and excise duties. CRA also collects:

  • personal income taxes in all provinces and territories except Quebec;
  • corporate income taxes in all the provinces and territories, except Ontario, Alberta and Quebec; and
  • the provincial portion of the Harmonized Sales Tax, a joint federal-provincial Value-Added Tax applied in the provinces of Nova Scotia, New Brunswick, Newfoundland and Prince Edward Island.

In Ontario, the collection of corporate and commodity taxes, including RST, is the responsibility of the Tax Revenue Division of the Ontario Ministry of Finance. Municipal taxes are collected by the various municipal governments.

Further information on tax collection in the province of Ontario is available from the CRA and the Ontario Ministry of Finance, Tax Revenue Division.

Canada Revenue Agency

Tel 613-952-3741

Fax 613-941-2505

http://www.cra-arc.gc.ca

Ontario Ministry of Finance

Tax Revenue Division

Tel 905-433-7965

Toll-free 1-800-263-7965

Fax 905-433-6686

http://www.trd.fin.gov.on.ca

Sources of Government Revenue, 2003-2004

The main sources of revenue of the Government of Canada, based on the percentage contribution to its total revenues, are:

  • Personal Income Tax (46% of all revenues)
  • Corporate Income Tax (14% of all revenues)
  • Goods and Services Tax/Harmonized Sales Tax (15% of all revenues)

The main sources of revenue of the Government of Ontario, based on the percentage contribution to its total revenues, are:

  • Personal Income Tax (24% of all revenues)
  • Corporate Income Tax (11% of all revenues)
  • Retail Sales Tax (19% of all revenues)

Source: Federal and Ontario 2004 budgets.


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Corporate Income Tax in Ontario

All corporations carrying on business in Ontario through a permanent establishment in Ontario are subject to both the federal and the Ontario corporate income taxes.

At the federal level, the general corporate income tax rate has been reduced to 22.12% effective January 1, 2004 (statutory rate of 21% plus a surtax of 1.12%).

The federal government provides a reduced tax rate for small business corporations, referred to as Canadian Controlled Private Corporations (CCPCs). CCPCs are generally corporations that are not traded on a stock exchange and are controlled by Canadians.* CCPCs pay federal tax at the reduced rate of 13.12% on the first $250,000 of business income and 22.12% thereafter. It is proposed that the current federal threshold of $250,000 will increase to $300,000 in 2005. In the case of a group of CCPCs that are subject to common control or otherwise associated with one another, the maximum dollar limits for income subject to the reduced rate are applied to the combined total for all of the entities in the associated group.

In 2004, the general provincial corporate income tax rate in Ontario is 14.0%. Income from manufacturing and processing (M&P), mining, farming, fishing, and logging operations is subject to tax at the reduced rate of 12%. Ontario applies a small business tax rate of 5.5% to the first $400,000 of income of a CCPC5.

Other important features of the corporate income tax system in Canada are that, for both federal and provincial income tax purposes:

  • only 50% of any capital gains realized are included in income
  • each company within a corporate group is taxed separately; i.e., there is no consolidation of financial statements for tax purposes.

Corporate Income Tax Rates in Ontario (%), 2004
Rate TypeGeneralM&PCCPC rate on first $250,000 of income (federal threshold)CCPC rate on next $150,000 of income*
Federal Rate22.1222.1213.1222.12
Ontario Rate14.012.05.505.50
Combined Rate36.1234.1218.6227.62

* Federal threshold to Ontario threshold
Federal CCPC threshold = $300,000 in 2004, $275,000 in 2005 and thereafter
Ontario CCPC threshold = $400,000



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Income Allocation

The federal corporate income tax applies to the worldwide income of a Canadian corporation.

Provincial corporate income tax applies only to the income of the Canadian corporation earned from permanent establishments of the corporation within that province. A corporation's taxable income is allocated among the various jurisdictions in which it has a permanent establishment based on the average of the percentage of wages and salaries incurred in the jurisdiction and the percentage of sales made in the jurisdiction. A corporation would allocate its income to Ontario using the following formula:

Income to Ontario = {
(Salaries and wages paid in Ontario / Total salaries and wages paid )

+
(Gross revenue earned in Ontario / Total gross revenue earned)
} ÷ 2


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Ontario's Combined Corporate Income Tax Rate* Versus Other Countries, (%) 2004
CountryGeneral Corporate Income Tax Rate (%)
Ontario36.1
Ireland12.5
United Kingdom30.0
OECD Average30.0
France34.3
Germany38.7
United States40.0
Japan41.0
Italy41.5

Source: Ernst & Young LLP
*Some numbers have been rounded to one decimal place

Ontario's Combined Corporate Income Tax Rate* Versus Competing U.S. States, (%) 2004
Province/StateGeneral Corporate Income Tax Rate (%)
Ontario36.1
Michigan39.3
Illinois39.7
New York39.9
Indiana40.5
Ohio40.5
Minnesota41.4
Pennsylvania41.5

Source: Ernst & Young LLP
*Some numbers have been rounded to one decimal place

Ontario's Combined Corporate Income Tax Rate Versus Canadian Provinces, (%) 2004 Manufacturing
ProvinceCorporate Income Tax Rate (%)
Ontario34.1
Newfoundland27.1
Prince Edward Island29.6
Quebec31.0
Saskatchewan32.1
Alberta33.9
New Brunswick35.1
British Columbia35.6
Manitoba37.6
Nova Scotia38.1

Source: Ernst & Young LLP

Ontario's Combined Corporate Income Tax Rate Versus Canadian Provinces, (%) 2004 General
ProvinceCorporate Income Tax Rate (%)
Ontario36.6
Quebec31.0
Alberta33.9
New Brunswick35.1
British Columbia35.6
Newfoundland36.1
Manitoba37.6
Nova Scotia38.1
Prince Edward Island38.1
Saskatchewan39.2

Source: Ernst & Young LLP
*Some numbers have been rounded to one decimal place


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Tax Credits and Incentives

In addition to providing lower corporate income tax rates, and special rate incentives for small business, and for M&P operations, Ontario also offers numerous tax credits and incentives designed to encourage investment in specific activities. The tax credits can generally be used to reduce income tax. Several of the credits are refundable. They result in a net payment from the government if a corporation does not have any taxes to pay, or the credit amounts exceed the tax otherwise payable by the corporation.

Research and Development (R&D) Incentives

Ontario offers a number of tax incentives designed to encourage R&D in the province. These include the Ontario Business Research Institute Tax Credit (OBRI), and the Ontario Innovation Tax Credit (OITC).

The Co-operative Education Tax Credit

This tax credit is provided to businesses that hire a student in a qualifying work placement. A refundable tax credit is provided to the business for wage costs incurred in providing the student placement, so long as that placement qualifies as a co-operative work program.

The value of the credit is:

  • 10% of eligible expenditures if the total of salaries and wages paid by the employer in the previous taxation year was $600,000 or more.
  • 15% of eligible expenditures if the total of salaries and wages paid by the employer in the previous taxation year was $400,000 or less.
  • a graduated rate between 10% and 15% if payroll in the previous year was between $400,000 and $600,000.

Apprenticeship Training Tax Credit

This proposed tax incentive should provide a 25% refundable tax credit on salaries and wages paid to apprentices in skilled construction, industrial, motive power and service trades during their first 36 months of an apprenticeship training program.

The employer would be eligible for a tax credit of up to $5,000 per year (pro-rated to the number of days of employment), to a maximum of $15,000 over three years of apprenticeship. The tax credit rate would be 30% for businesses with annual payroll not exceeding $400,000. There is no limit to the number of apprentices that can be hired.


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Tax Credits For Particular Industries

In addition to the generally available tax credits, including those for R&D, Ontario offers a number of tax credits targeted at particular industries.

The Ontario Film & Television Tax Credits

Ontario provides generous incentives for film and video productions in the province. The incentives are in the form of refundable tax credits, based on eligible labour expenditures in the province for the productions. Their design parallels those of the federal tax credits for film and video productions.

The Government of Canada provides a refundable tax credit (the Canadian Film or Video Production Tax Credit) of 25% of labour expenditures (to a maximum of 60% of the total production budget) for film or video productions that meet the prescribed Canadian content requirements and are certified by the government as such. Ontario provides a refundable provincial tax credit of 20% of Ontario labour expenditures (with no cap based on total production budget) for productions that are certified to meet the Canadian content requirements.

Ontario provides further enrichment of the incentives. In the case of productions that are certified to meet the Canadian content requirements, “first-time productions" qualify for 30% credit for the first $240,000 of labour expenditures, plus 20% of any remaining balance for labour expenditures incurred. For productions that have at least five location days in Ontario and at least 85% of location days in Ontario outside the Greater Toronto Area, there is a further bonus credit of 10% of Ontario labour expenditures.

The Ontario Production Services Tax Credit

Productions that do not meet the Canadian content requirements are eligible for the federal Film or Video Production Services Tax Credit of 16% of Canadian labour expenditures. This credit is available to both Canadian and foreign productions that are filmed in Canada. Ontario's Production Services Tax Credit provides an 11% refundable tax credit for qualifying labour expenditures for those productions that do not meet the Canadian content requirements.

There is a bonus incentive of 3% of Ontario labour expenditures for productions that have at least five location days in Ontario and at least 85% of location days in Ontario outside the Greater Toronto Area.

The Ontario Computer Animation and Special Effects (OCASE) Tax Credit

This refundable tax credit is available to corporations for Ontario labour expenditures incurred with regard to computer animation and special effect activities carried out in Ontario for use in film or television productions. The OCASE tax credit is 20% of qualifying labour expenditures, which include amounts paid to the employees and non-employees of the corporation so long as they are engaged in qualifying activities performed in Ontario.

It should be noted that a corporation is allowed to claim the OCASE tax credit, in addition to the Ontario Film and Television Tax Credit, or the Ontario Production Services Tax Credit.

The Ontario Interactive Digital Media Tax Credit

Ontario provides a 20% refundable tax credit for labour expenditures and eligible marketing and distribution expenditures for the creation of original interactive digital media products.

Eligible interactive digital media products are those that:

  • are developed by a qualifying corporation in Ontario for commercial exploitation when the copyright is owned by the corporation;
  • are delivered electronically, for example, via CD-ROM or the Internet, in digital format;
  • are interactive, where users have the ability to direct the course of their immediate interaction with the electronic product; and
  • integrate text, audio and video media.

A qualifying corporation is a taxable Canadian corporation that:

  • has a permanent establishment in Ontario; and
  • on an associated company basis, has together with other associated corporations, neither annual gross revenues in excess of $20 million nor total assets in excess of $10 million for the immediately preceding taxation year.

Ontario Sound Recording Tax Credit

Ontario provides a 20% refundable tax credit for all Ontario-based, Canadian-controlled sound recording companies for expenditures related to sound recordings by emerging Canadian artists. This credit can be combined with the Ontario Film and Video Tax Credit and the Ontario Production Services Tax Credit.

To be eligible, a sound recording company must have carried on its sound recording business for at least 24 months preceding the taxation year and have allocated more than 50% of its taxable income to Ontario. To simplify compliance, the corporation must meet this allocation criterion in the preceding tax year.

Ontario Book Publishing Tax Credit

Ontario provides a 30% refundable tax credit to Ontario book publishing companies that publish and promote the first three works by a Canadian author in each eligible category (fiction, non-fiction, poetry, biography or children's books), to a maximum value of $30,000 per literary work.

The credit is for 30% of the following expenditures:

  • non-refundable author advances and salaries;
  • pre-production costs carried out principally in Ontario, including salaries for editing, design and project management, and freelance costs for editing, design and research, artwork, development of prototype, and set-up and typesetting;
  • 50% of production costs for activities carried out principally in Ontario, including printing, binding and assembly; and
  • promotional cost incurred within 12 months of the publication date, including advertising, sales salaries and promotional tours by the author, including 50% of meals and entertainment expenses of the author while on tour.

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International Comparison of Effective Tax Rates

Incentives offered by Ontario make it an internationally competitive jurisdiction in which to do business. As shown in the chart on the following page, the Competitive Alternatives study comparing business costs across various jurisdictions, found Canada's effective corporate income tax rates to be the second-lowest among the jurisdictions studied.

The effective corporate income tax rates in this study were determined by dividing the corporate income taxes applicable to an enterprise by its net profits before tax. This captures the impact of statutory tax rates as well as any applicable incentive credits and deductions.

Average Effective Combined Corporate Income Tax Rate, (%) 2004
CountryCorporate Income Tax Rate (%)
Canada29.6
United Kingdom26.3
France33.9
United States34.2
Netherland36.6
Italy48.9

Source: KPMG, Competitive Alternatives: 2004 Edition


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Determining Taxable Income

The starting point for determining taxable income for corporate income tax purposes in Canada is income as measured under Generally Accepted Accounting Principles. It is then subject to adjustments under specified provisions, such as those relating to the treatment of depreciation, valuation of inventories, deductibility of provisions, and some specific expenses, such as meals and entertainment expenses – which are only 50% deductible. In general, provisions, such as warranty reserves, are not deductible for income tax purposes. Only actual expenses incurred are tax-deductible.

Depreciation

For tax purposes, depreciation or amortization in financial statements is added back into income, and then tax depreciation, generally calculated on a declining-balance basis at prescribed rates, is deducted. The tax depreciation rates are set to approximate the economic depreciation rates. However, several of the rates exceed economic depreciation rates and are designed to provide incentives for investment in those assets. The depreciation deduction is limited in the first year the asset is acquired, to 50% of the available deduction; known as the “half-year rule." Furthermore, tax depreciation cannot be claimed until the asset is available for use. Tax depreciation may be fully or partially claimed at the taxpayer's option.

The following are examples of the prescribed deprecia-tion rates for specific major categories of assets:

Commercial and industrial buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4%

Office equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20%

Motor vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 30%

Manufacturing and processing machinery and equipment . . . . . . . . . . . 30%

Computers (as proposed in the 2004 federal budget) . . . . . . . . . . . . . . .45%

Other plant machinery and equipment . . . . . . . . . . . . . . . . . . . . . . . . . . 20%

Capital assets are generally pooled into various classes. In general, if an asset is disposed of, the undepreciated balance of the assets in the class is reduced by the proceeds of disposition. However, if the proceeds of disposition exceed the balance of the asset pool after depreciation, the excess is recaptured and is subject to taxation as regular income. If the asset was the only asset in the class and if a balance remains in the pool after the proceeds are charged to the class, then the balance may be deducted as a terminal loss.

Non-capital Losses

Non-capital losses, i.e., business losses other than those from a capital asset, can be deducted from income from other sources. Any excess losses can be carried back to the three preceding years, or forward to the seven following years. The 2004 federal budget proposes to extend the carry-forward period for taxation years that end after March 22, 2004, from seven years to ten years.

Capital Gains and Losses

As discussed, only 50% of any capital gains (net of any capital losses) are included in income for tax purposes.

Capital losses can be used only to reduce capital gains. They cannot be deducted from income from other sources. However, capital losses from an investment in debt or shares of a CCPC, called allowable business investment losses, can be deducted against income from any source. The deductible portion of capital losses (other than allowable business investment losses) in excess of capital gains is termed “net capital loss” and may be carried back three years and carried forward indefinitely, but may be applied only against capital gains.

Proceeds in excess of cost from the disposition of capital assets are generally taxed as capital gains. For depreciable assets, tax depreciation previously claimed that is recovered on disposition is generally fully included in income. (Subject to the discussion above on pooled assets.)

Dividends

In general, dividends paid by one Canadian corporation to another are tax-free. However, to prevent the use of private companies to obtain significant tax deferrals on portfolio dividend income, such corporations are subject to a special 33% refundable tax on dividends received from portfolio investments. This tax is refunded when the dividends are redistributed to the shareholders. Additional taxes may be imposed on dividends paid on certain classes of shares that are viewed as substitutes for debt (e.g., preference shares that are redeemable or retractable).

Dividends paid by a Canadian company to individual shareholders who are Canadian residents are grossed up by a notional amount of underlying corporate income tax and included in income. Shareholders pay tax on the grossed-up amount but are allowed to claim a tax credit (dividend tax credit) for the notional amount of the corporate income tax by which the dividends were grossed up.

Inventories

For tax purposes, inventories may be valued in either of two ways:

(1) All items may be valued at fair market value; or

(2) Each item may be valued at the lower of its cost and its fair market value.

The last-in, first-out (“LIFO") basis is not permitted for tax purposes, despite its acceptability for accounting purposes in certain circumstances. Corporations may use a different inventory valuation method for accounting purposes than the one used for tax purposes.

Foreign Tax Credits

Taxpayers are allowed to claim a credit (foreign tax credit) for income taxes paid to foreign governments on income earned abroad. Generally the credit is allowed for the lesser of the foreign income taxes paid and the domestic income taxes otherwise applicable to the foreign income.


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Tax Incentives to Further Reduce Taxable Income

Both the Canadian and Ontario governments allow accelerated deductions for investments in specific assets (e.g., pollution control equipment) or industries (e.g., manufacturing and mining).

Ontario Current Cost Adjustment (OCCA)

Ontario provides an additional 30% tax deduction, over and above the regular depreciation allowance, for investments in pollution control equipment. Eligible cost of pollution control equipment for the OCCA is the first $20 million in capital cost of the equipment acquired in a given taxation year.

Ontario New Technology Tax Incentive (ONTTI)

Ontario provides a 100% deduction of the eligible cost of qualifying intellectual property that is acquired by a corporation under a qualifying intellectual property transfer arrangement. A qualifying intellectual property transfer is an acquisition of knowledge in the form of “know-how," techniques, processes or formulas from an unrelated person for the purpose of implementing an innovation or an invention in a business of the corpora-tion that is carried on in Ontario. Qualifying intellectual property is a patent (either domestic or foreign), licence, permit, know-how, commercial secret or other similar property constituting knowledge, but not a trademark, industrial design, copyright or other similar property constituting the expression of knowledge. The ONTTI can-not be claimed in excess of the $20 million expenditure limit for the year for a corporation or partnership that is not associated with another taxpayer. Rules apply to allo-cate the expenditure limit among associated taxpayers.

Non-Taxation of Federal R&D Assistance

The portion of the prior year's federal investment tax credit claimed that relates to qualifying Ontario SR&ED expenditures are added back into the R&D “pool” when calculating Ontario taxable income. This reduces taxable income, and also increases the amount used to calculate the Capital Cost Allowance for the R&D equipment.


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Research and Development Tax Incentives

Ontario offers numerous incentives for R&D. Combined with federal incentives for R&D, the after-tax cost of R&D in Ontario is lower than in many other jurisdictions, including the United States. The incentives offered in Ontario are available for both current and capital expenditures on R&D, including: wages, capital equipment, materials, overhead and consulting fees. By comparison, the U.S. research tax credit provides a tax incentive only for increases to research expenditures over certain base levels. Moreover, the U.S. credit is limited to current expenses, and is not available for capital expenses.

The incentives offered by Ontario under the provincial corporate income tax system include:

  • an immediate 100% write-off of all current and capital R&D expenditures;
  • for corporations with less than $400,000 in taxable income, the OITC provides a refundable tax credit of 10% of R&D expenditures;
  • the 20% refundable OBRI Tax Credit, for R&D expenditures incurred through contracts with eligible Ontario research institutes, such as universities, colleges, hospital research institutes and other non-profit research organizations; and
  • an immediate 100% deduction of the cost of acquiring a qualifying patent, licence, permit, know-how, commercial secret or other similar property constituting knowledge through a qualifying intellectual property transfer.

In addition, R&D machinery and equipment purchased for the use of a qualifying manufacturer is exempted from the Ontario RST.

These incentives are in addition to the incentives under the federal corporate income tax system, which include:

  • a 100% write-off of all current and capital R&D expenditures; and
  • the SR&ED expenditures, a refundable investment tax credit equal to 20% of qualifying expenditures, with the rate increasing to 35% for small CCPCs.

Combined, these incentives can have a significant impact on the after-tax cost of R&D expenditures. For example, in the case of a large manufacturing firm, the after-tax cost for an expenditure of $100 on capital equipment can be as low as $40.24 in Ontario. The table below demonstrates how this figure is calculated.

The net after-tax cost of an investment in the above table is for a large manufacturing corporation. It will vary depending on the type of corporation and the income tax rate applicable to them. For example, the $51.30 net after-tax cost in the above table would be reduced to $46.60 for a large non-manufacturer.

Further examples, and more detail on the advantages of Ontario's R&D incentives can be found in the Government of Ontario publication “Research and Development in Ontario, Incentives for Innovation”, or at http://www.2ontario.com

After-Tax Cost of R&D Expenditures, ($) 2004 (Large Manufacturers)
 R&D ExpenditureR&D Expenditure at an eligible Ontario research institute6Non-R&D expenditure
Capital expenditure$100.00$100.00$100.00
Ontario RST$0.00$0.00$8.00
Gross Expenditure$100.00$100.00$108.00
Ontario OBRI tax credit – 20%7 -$20.00 
Subtotal$100.00$80.00$108.00
Federal investment tax credit– 20%-$16.00 
Subtotal$80.00$64.00$108.00
Tax Deduction (at the 2004 combined corporate rate for M&P = 34.12%)-$27.30-$21.84-$36.85
Ontario exemption of federal tax credit (at the 2004 Ontario rate for M&P = 12.0%)-$2.40-$1.92 
Net After-Tax Cost$50.30$40.24 $71.15*

Source: Ernst & Young LLP
* This analysis incorporates Ontario RST. Note in some instances some R&D components might be sales tax exempt and the after-tax cost would be lower than quoted.


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Rules for Non-residents

Debt-to-Equity Rules

Canada imposes a thin-capitalization rule limiting the ability of non-residents to reduce their taxable profit through a deduction of interest paid on debt from non-resident shareholders. The interest deduction is restricted if interest is paid by a Canadian resident corporation to a specified non-resident on debt exceeding two times the shareholders' equity in the corporation. A specified non-resident is a non-resident shareholder who, either alone or with other persons not at arm's length, owns 25% or more of the issued shares of any class of the corporation, or any non-resident (including a subsidiary of the Canadian corporation) who doesn't deal at arm's length with such a shareholder. The thin-capitalization rule does not apply to a branch of a foreign corporation.

Foreign Affiliates

A non-resident corporation is considered a foreign affiliate if a Canadian corporation and related persons directly or indirectly own at least 10% of any class of shares of that non-resident corporation. Dividends received by a Canadian corporation from a foreign affiliate are generally received tax-free in Canada if the dividends are derived from active business profits earned in a country with which Canada has entered into a tax treaty. Dividends are taxable in Canada if they are derived from passive operations or any operations in a non-treaty country, with relief in the form of foreign tax credits for the underlying foreign taxes paid.

Capital Gains Realized by Non-residents

Subject to applicable tax treaties, non-residents are required to pay Canadian tax on their taxable capital gains (50% of gains net of losses) arising on the disposition of taxable Canadian property.

Such property includes:

  • land situated in Canada;
  • property used in a business carried on by the non-resident in Canada;
  • interest in a partnership if more than 50% of the value of the partnership's property was attributable to taxable Canadian property at any time in the 60 months preceding the disposition;
  • interests in certain trusts resident in Canada; and
  • shares of a non-resident corporation or an interest in a non-resident trust if at any time in the 60 months preceding the disposition of more than 50% of the value of the interest and the value of the property owned by the non-resident corporation or non-resident trust was attributable to certain types of property.

A non-resident vendor of taxable Canadian property (other than property that qualifies as excluded) must obtain a tax clearance certificate from the CRA and provide acceptable security or must pay tax on the disposition at the time of sale. Unless the non-resident vendor has obtained a tax clearance certificate, the purchaser, if he or she knows the vendor is a non-resident, must withhold and pay to the federal government up to 25% of the cost of the property.


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Withholding Tax Rates

Canada imposes withholding taxes on dividends, interest, and royalties paid to non-residents. The standard withholding rate is 25%, which can be reduced under tax treaties with the resident country of the recipient. Canada's withholding taxes are administered by the CRA.

The following table presents the domestic tax rates for dividends, interest and royalties paid from Canada to residents of selected countries with which Canada has tax treaties. Exceptions or conditions may apply, depending on the terms of the particular treaty.

Canadian Withholding Tax Rates, By Country, (%) 2004
Residence of RecipientDividendsInterest8Royalties9
Australia151010
France15/10/51010/010/0
Germany15/5*10/010/0
Japan15/51110/010/0
United Kingdom15/10*10/010
United States15/10/51210/01310/0

* The to a foreign corporation that controls at least 10% of the voting power of the payer.


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Corporate Minimum Tax (CMT)

All corporations conducting business in Ontario are subject to Ontario's CMT. Small firms, with gross revenues less than $10 million and assets less than $5 million, are exempt from filing or paying the CMT.

The CMT starts with financial statement income followed by a few adjustments to arrive at adjusted book income, with far fewer deductions than the regular corporate income tax. The broader CMT base ensures that large, profitable corporations pay a minimum level of income tax.

The CMT liability is 4% of adjusted book income. However, CMT is payable only to the extent that it exceeds the regular corporate income tax payable. CMT paid in one year can be carried forward up to 10 years, and can be deducted from regular Ontario corporate income tax to the extent that the regular Ontario corporate income tax exceeds the CMT in that year.


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Capital Taxes in Ontario

Ontario corporations are currently subject to both Ontario and federal capital taxes, which are applied each year on a measure of total capital of the corporation less a threshold amount. Both the Canadian and Ontario governments have a general capital tax, and capital taxes specific to financial institutions.

The federal government has made a commitment to gradually phase out its general capital tax by 2008. The Ontario capital tax is to be eliminated by 2012.

Although the federal and Ontario capital taxes are calculated somewhat differently, the basic concept is presented in the table below:

Capital Tax Calculation
Sum of Capital (sum of capital stock, long-term debt, retained earnings, contributed surplus and non-deductible reserves)
- Investment Allowance (investments in other corporations to avoid double counting of aggregate corporate capital)
- Threshold Deduction (capital taxes are applied on capital above a certain limit; these thresholds vary across jurisdictions)
= Taxable Capital
x Capital Tax Rate
x % income allocation for Ontario
= Capital Tax

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Ontario General Capital Tax

The Ontario general capital tax is applied at a rate of 0.3% to all corporations with taxable capital that exceeds a $5 million threshold. The government has announced its intention to eliminate the capital tax by 2012. The first step would be to increase the exemption threshold to $7.5 million for 2005, and in steps to $15 million for 2008. The tax rate would then be reduced each year until the tax is eliminated in 2012. Capital tax is payable on the corporation's taxable paid-up capital, or for certain non-resident corporations, the taxable paid-up capital employed in Canada at the end of the corporation's taxation year. For financial institutions, tax is levied on adjusted paid-up capital (described in detail below). The tax is normally payable only if the corporation has a permanent establishment in Ontario. If the corporation also has a permanent establishment outside of Ontario, the corporation is taxed only on its capital that is allocated to Ontario.

In general terms, paid-up capital of a corporation includes capital stock, liabilities, retained earnings and other surplus accounts. For purposes of the capital tax, a corporation's liabilities do not include current accounts payable. The corporation is allowed to deduct an invest-ment allowance, which represents the amount that the corporation has invested in the shares or debt of other corporations. This prevents the double taxation of capital in cases where one corporation invests in another.

R&D Capital Tax Exemption

A corporation is allowed a deduction in computing taxable paid-up capital for SR&ED expenditures that are deductible but were not deducted for income tax purposes. Additionally, amounts deductible but not deducted for income tax purposes on account of the Ontario New Technology Tax Incentive may be deducted in calculating taxable paid-up capital.


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Ontario Financial Institutions Capital Tax

Financial institutions are subject to a two-tiered capital tax rate. The rate of tax payable by deposit-taking financial institutions on adjusted paid-up capital allocated to Ontario, other than a credit union, is 0.6% on the first $400 million and 0.9% on any amount in excess of $400 million. The rate of tax payable by non-deposit-taking financial institutions is 0.6% on the first $400 million of paid-up capital allocated to Ontario, and 0.72% on any amount in excess of $400 million.


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The Bank Small Business Investment Tax Credit

Financial institutions that make eligible investments in small businesses are allowed the small business investment tax credit to reduce their capital tax liability. Eligible investments include a “patient capital investment" (generally meaning a common share, or a preferred share or loan with a term of five or more years) in a qualifying small business. They also include below-prime loans made to a qualifying small business, and Class A shares issued by a corporation registered as a “community small business investment fund."

Different tax credit rates apply, depending on the particular investment.

  • For patient capital investments, the maximum credit rate is 75% for investments under $50,000 and the minimum credit rate is 10% for investments over $1 million.
  • For below-prime loans, the credit rate is 4% of the average outstanding balance of the loan for the year.
  • For community small business investment funds, a 30% credit is allowed, and an additional 30% may be claimed in the year in which the fund reinvests the financial institution's invested capital in eligible investments under the community small business investment funds program.

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Premium Taxes on Insurance Companies

Insurance corporations do not pay the Ontario Financial Institutions Capital Tax. Instead they are levied a premium tax. The tax is 2% of gross premiums payable under contracts of accident, life and sickness insurance, and 3% of gross premiums payable under all other insurance contracts. Most corporations subject to premium tax are not subject to ordinary capital tax. However, life insurance corporations conducting business in Ontario are subject to an additional tax of 1.25% of taxable capital. Life insurance corporations are allowed a credit against this capital tax for purposes of Ontario regular corporate income tax and CMT.


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Federal Capital Taxes

The federal general capital tax is known as the Large Corporations Tax (LCT). It is applied at a rate of 0.2% to all corporations with taxable capital employed in Canada that exceeds $50 million. The federal corporate income surtax (4% of corporate income tax) is credited against the LCT. As a result, the LCT is reduced by the amount of income surtax a corporation pays.

The federal capital tax on financial institutions, the Large Financial Institutions Capital Tax (LFICT), applies to the capital of banks, trust companies, mortgage loan companies and life insurance companies. The tax is levied at the rate of 1% on taxable capital employed in Canada in excess of $200 million and 1.25% on taxable capital in excess of $300 million. Federal income tax may be credited against the LFICT. As a result, LFICT is a form of corporate minimum tax.


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Payroll Taxes

There are three payroll taxes levied on businesses in Ontario, which are designed to fund specific social security benefits; they are:

  • Federal Employment Insurance (EI) premiums;
  • Canada Pension Plan (CPP) contributions; and
  • Ontario Employer Health Tax (EHT).

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Employment Insurance Premiums

EI is a social program that provides income replacement benefits to workers who lose their jobs. In addition to providing financial assistance, the EI program offers employment support measures, such as training programs that help people find gainful employment. The EI program also offers three types of special benefits:

  • maternity;
  • paternity; and
  • sickness.

The EI program is financed through employee and employer premiums, which are applied to insurable earnings, and which are set on an annual basis. The employee rate for 2004 is $1.98 per $100 of insurable earnings, to a maximum $39,000 of insurable earnings. At the maximum insurable earnings, an employee will pay an annual total of $772 in EI premiums.

The employer rate for 2004 is $2.77 per $100 of insurable earnings to a maximum of $39,000 of insurable earnings. At the maximum insurable earnings level, an employer will pay an annual total of $1,081 in EI premiums for each employee.


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Canada Pension Plan Contributions

The CPP is a contributory, earnings-related social insurance program. It ensures a level of income to a contributor and his or her family upon retirement, disability or death of the contributor. There are three kinds of CPP benefits:

  • retirement pensions;
  • disability benefits (which include benefits for disabled contributors and benefits for their dependent children); and
  • survivor benefits, which include the death benefit, the survivor's pension and the children's benefit.

Every person in Canada over the age of 18 who parti-cipates in the paid workforce must pay into the CPP. Individual employees pay a set percentage of pension-able earnings, and employers match this contribution for each employee. Self-employed individuals pay both portions. Contributions stop when an individual receives a CPP disability or retirement pension, or at age 70 even if they have not stopped working.

The CPP contribution rate in 2004 for employees and employers is 4.95% of earnings to a maximum of $40,500. However, there is a $3,500 basic exemption, which results in maximum contributory earnings of $37,000. The maximum employee contribution for 2004 is $1,831.50 per employee. The maximum employer contribution per employee is the same as that for the employee.


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Employer Health Tax

All employers (including businesses, governments, and non-profit organizations) are subject to the Ontario EHT. Private-sector employers are exempt from paying EHT on the first $400,000 of their Ontario payrolls; those with total Ontario remuneration in excess of $400,000 pay EHT at 1.95% of the excess.


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How Competitive Are Ontario Payroll Taxes?

As demonstrated in this table, employer payroll tax rates in Ontario are the lowest among the G7 countries.

Due to differing earnings ceilings, contribution rates may not illustrate the effective payroll tax burden. For example, the U.S. Social Security rate of 6.2% is applied to earnings up to US$87,900, resulting in a maximum annual contribution of US$5,450 (or Cdn$7,267). The Canada Pension Plan rate of 4.95% is applied to earnings between Cdn$3,500 and Cdn$40,500, resulting in a maximum annual contribution of Cdn$1,831.50.

Payroll Taxes in G7 Countries, (%) 2004
 PensionHealthUnemploymentFamily Allowance Total14
Ontario4.951.952.770.009.67
United States6.201.456.200.0013.85
Japan6.794.300.950.1112.15
Germany9.557.003.250.0019.80
Italy23.81*up to 4.412.4830.70
France9.8012.803.605.4031.60
United Kingdom12.80**0.0012.80

* A comparable percentage value is not available
Source: Ernst & Young LLP, Canada Revenue Agency


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Commodity Taxes in Ontario

There are three main forms of commodity taxes in effect in Ontario:

  • the Ontario Retail Sales Tax (RST);
  • the federal Goods and Services Tax (GST); and
  • specific commodity taxes (both federal and provincial), the most relevant of which are excise taxes on fuel, tobacco and alcohol.

The Ontario Retail Sales Tax (RST)

The RST is imposed at the time of retail sales to the final consumer. The general RST rate in Ontario is 8%. There are, however, other specific RST rates for certain goods and services such as accommodations (e.g., hotels), admissions to places of amusement and alcoholic beverages.

All goods are taxable unless specifically exempted.

Only certain services are taxable in Ontario. These include:

  • telecommunications services (i.e., telephone, cable, pay television);
  • transient accommodation for less than one month (hotels, motels, bed and breakfasts);
  • labour provided to install, assemble, dismantle, adjust, repair or maintain tangible personal property and labour provided to install, configure modify or upgrade a computer program;
  • contracts for the service, maintenance, or warranty of tangible personal property, including a computer program; and
  • commercial parking.

Certain goods are unconditionally exempt due to their nature, and may be purchased exempt from RST by anyone.

Some goods may be purchased without paying RST depending upon who the purchaser is or what the intend-ed use of the goods will be, i.e., conditionally exempt. Relief from RST is also available through certain rebates.

The chart below, while not comprehensive, provides examples of exempt goods, conditional exemptions and rebates.

Ontario Retail Sales Tax Implications for Non-residents of Ontario

Generally, non-residents of Ontario who have no presence in Ontario are not required to register for Ontario RST purposes or collect the RST. Vendors outside Ontario who do not have a presence in Ontario but who routinely make sales and deliver goods to customers in Ontario are not required to obtain a Vendor Permit or collect the RST. However, their Ontario customers are required to account for the purchase and pay the RST directly to the Ontario government.

Businesses who do not have a “presence" in Ontario but who make sales of taxable goods and services to customers in Ontario may voluntarily register and obtain a Vendor Permit in order to collect and remit the RST. When determining if a business has a “presence" in Ontario, several factors are considered, including:

  • the existence of a branch office, warehouse or storage facilities;
  • a post office box;
  • employees; and
  • agents.

Retailers who maintain a presence in Ontario (e.g., through a branch office, or sales agents) must register as a vendor and collect the RST on goods delivered to a location in Ontario. Registered vendors are required to collect and remit the RST even if the transaction is entered into outside Ontario or the goods are delivered from a branch in another province.

Retail Sales Tax Exemptions for Goods
Exempt GoodsConditional ExemptionsRebates

Food products for human consumption except candies, confections, snack foods and soft drinks

Prepared food products $4.00 and under

Energy

Some transportation equipment

Agricultural feeds

Children's clothing

Books, newspapers and magazines sold by subscription

Prescription drugs and medicines

Feminine hygiene products

Footwear costing $30.00 or less

Children's car seats

Uncancelled postage stamps

Coin, paper money or bank notes purchased at face value

Goods purchased at a price of less than 21 cents

Equipment designed solely for people with physical disabilities

Municipal fire-fighting vehicles

Production machinery and equipment, and R&D equipment purchased for the use of a qualifying manufacturer

Hospital equipment purchased by a qualified hospital

Goods purchased for resale

Goods incorporated into items for resale

Goods removed from Ontario within 30 days of purchase

Alternative-fuel-powered motor vehicles (includes hybrid electric vehicles)

Capital investments made by religious, charitable and benevolent organizations

Solar energy systems purchased and incorporated into residential premises after November 25, 2002 and before November 26, 2007


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The Federal Goods and Services Tax

The Goods and Services Tax (GST) is a value-added tax (VAT), similar to that levied in Europe, New Zealand and Australia, levied by the federal government at a 7% rate.

The GST is applied to a broad range of goods and services. Registered vendors can claim Input Tax Credits (ITCs) for the GST paid on their purchases of goods and services acquired for use in their taxable activities.

There are three categories of supplies under the GST: taxable, zero-rated, and exempt. Taxable supplies are taxed at 7%, and suppliers are allowed to claim an ITC for the GST paid on their purchases for use in making those supplies.

No tax is levied on zero-rated supplies, and the suppliers are allowed to claim ITCs for the GST paid on their purchases. They are essentially taxable supplies that are taxed at a rate of 0%. Zero-rated supplies include basic groceries, prescription drugs, and exports.

Exempt supplies are those that are not taxed, but the suppliers are denied any ITCs for the GST paid on goods and services acquired for use in making the exempt supply. Financial services and residential rents fall into this category. In addition, there are special rules for non-profit organizations.

Goods and Services Tax Implications for Non-Canadian Entities

Generally, non-residents of Canada are not required to register for, or collect the GST on their supplies unless they are “carrying on business" in Canada. Carrying on business in Canada generally means the non-resident has a significant presence in Canada. A non-resident “non-registrant" (who has not registered with CRA for purposes of collecting GST) is not required to collect GST on taxable supplies sold to Canadian customers.

However, where non-resident non-registrants pay GST on goods and services they acquire in Canada, it can be to their advantage to register, in order to be able to claim ITCs on these purchases. Once registered, non-residents have the same collection and reporting requirements as Canadian registrants. Registered non-residents will be required to collect GST on all taxable sales made in Canada. Unlike non-registrants, registered vendors will be entitled to recover GST paid on their inputs to the extent the inputs are acquired for use in the course of their taxable activities. Registrants are required to remit the GST collected less any ITCs on a monthly, quarterly or annual basis. The filing frequency is determined by the registrant's annual sales.


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Gasoline and Diesel Fuel Taxes

Motive fuels (gasoline, diesel, and aviation fuels) are subject to both federal and provincial taxes. These taxes are levied at specific rates per litre of fuel. The current rates are as follows:

In addition to the above taxes, motive fuels also attract the federal GST. However, they are exempt from the Ontario RST.

Fuel taxes, (¢ per litre) 20044
FuelOntarioFederalCombined
Unleaded gasoline14.710.024.7
Diesel fuel14.34.018.3
Aviation fuel2.74.06.7

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Local Taxes

Property taxes are the principal source of revenue for local government. Property taxes represent approximately half of all municipal operating revenues in Ontario.

Property taxes are based on the assessed value of properties as determined by the Municipal Property Assessment Corporation.

The provincial government establishes the legislative framework governing property assessment policy and the overall property tax structure. Municipalities administer property taxes, which includes billing and collection.

The tax has two components – a municipal tax and an education tax. The municipal portion finances a wide range of municipal services, including police and fire protection, garbage and snow removal, road maintenance, public health and welfare. The education portion helps finance education.

Municipalities set their own tax rates for the municipal portion of the property tax, “within provincially established limits on the relative municipal taxes on different classes of property.” The provincial govern-ment sets the tax rates for the education portion of the property tax.

Property taxes are calculated by multiplying the assessed value of a property by the tax rate.

  • In 2003, combined municipal and education property taxes on a property with an assessed value of $500,000 would have been approximately $26,000 for an industrial property, and approximately $23,000 for a commercial property.

Property Tax Rates in Ontario Municipalities, (%) 2004
 Commercial Tax RatesIndustrial Tax Rates
MunicipalityMunicipalEducationTotal Tax RatesMunicipalEducationTotal Tax Rates
Toronto2.312.304.612.712.595.30
Mississauga1.041.832.861.172.153.33
Brampton1.241.833.071.412.153.56
London2.372.705.073.273.276.54
Ottawa2.202.044.232.612.635.24
Kingston2.212.244.453.493.466.95
Sault Ste. Marie2.662.074.733.062.215.27

Source: 2003 Municipal Tax Rate by-laws; Ontario Property Tax Analysis


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Personal Income Tax in Ontario

Basic Personal Income Tax

Ontario, like all provinces in Canada, levies personal income tax on the taxable income of individuals residing in the Province; this is in addition to the federal income tax. The federal and provincial taxes are based on a common definition of taxable income, to which different rates and credits are applied.

Basic Federal and Provincial Income Tax Calculation
Federal Income Tax Ontario Income TaxTaxable Income Taxable Income
x Federal Tax Ratesx Ontario Tax Rates
= Gross Federal Tax= Gross Ontario Tax
- Federal Non-refundable Credits- Ontario Non-refundable Credits
= Basic Federal Tax= Basic Ontario Tax
- Other federal amounts (Refundable Tax Credits)+ Ontario Surtaxes
- Ontario Tax Reduction
- Ontario Credits
= Net Federal Tax= Net Ontario Tax

The federal and Ontario basic income tax brackets and tax rates for the 2004 taxation year are as follows:

Federal Personal Income Tax Brackets and Rates, (%) 200415
Taxable Income BracketMarginal Tax Rate
Income up to $35,00016.0
$35,000 to $70,00022.0
$70,000 to $113,80426.0
Income above $113,80429.0

Ontario's income tax brackets and tax rates for the 2004 taxation year are:

Ontario's Personal Income Tax Brackets and Rates, (%) 200416
Taxable Income BracketMarginal Tax Rate
Income up to $33,3756.05
$33,375 to $66,7529.15
Income above $66,75211.16

Ontario Health Premium

The Government of Ontario has proposed to levy a new health premium through the personal income tax system to ensure adequate funding of public health insurance. Those with taxable income of $20,000 or less are exempt from the premium. For those above this income threshold, premiums vary by income and reach a maximum of $450 for 2004 for those with taxable income over $200,600. For 2005 and subsequent taxation years, the maximum premium is $900.


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Tax Credits

Both the federal and Ontario governments allow a variety of tax credits in calculating the tax payable. These credits range from those for spouses and dependants, disability, medical expenses and charitable donations, to those for dividends and foreign taxes.

Common Ontario and Federal Tax Credits, 2004
 Federal Tax Credit Values ($)Ontario Tax Credit Values ($)
Basic Personal Amount1,282487
Age (over 65 years of age)626238
Spousal/Equivalent to Spouse Amount1,088413
Amount for Infirm Dependant, Age 18 or Older605229
Pension Income Amount16067
Caregiver Amount605229
Disability Amount1,038393
Disability Supplement for Children With Severe Disabilities605229
Education Amount Full Time (monthly)6426
Education Amount Part Time (monthly)198
Credits as a percentage of:%%
Tuition fees16.006.05
Medical expenses16.006.05
Charitable donations - first $20016.006.05
         - remainder29.00 11.16
CPP Contributions16.006.05
EI Premiums16.006.05

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Ontario Personal Income Surtax

In addition to the income tax calculated at the basic rate, Ontario levies a two-tiered personal income surtax, which is calculated as a percentage of the basic Ontario income tax in excess of a specified amount or threshold. For the 2004 taxation year, Ontario's surtax rates and thresholds are:

  • 20% of the basic Ontario income tax in excess of $3,856; plus
  • 36% of the basic Ontario income tax in excess of $4,864.

The dollar thresholds for the surtax are adjusted for inflation according to the Ontario Consumer Price Index.


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Alternative Minimum Tax (AMT)

The AMT is designed to target individuals who take advantage of tax shelters and other tax preference items to pay little or no income tax. Ontario residents are subject to a federal and Ontario AMT. Individuals who have certain types of income, deductions or credits must calculate an adjusted taxable income by adding back certain of the tax preferences that have been used in the calculation of regular taxable income. After deduction of the basic $40,000 exemption, a flat rate of 16% is applied to the remaining net adjusted taxable income. The result-ing federal tax payable is reduced by some, but not all, of the individual's regular tax credits to arrive at the minimum federal tax. The taxpayer must pay the greater of the regular tax payable and the minimum tax. Ontario AMT is 31.87% of the additional tax attributable to the federal AMT.


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Personal Income Tax Incentives and Credits

In addition to the tax credits discussed above, a variety of other incentives are provided to individuals in calculating their federal and provincial income taxes. The following are some of the main incentives:

Ontario Investment and Employee Ownership Program Tax Credit

The Ontario Investment and Employee Ownership Program provides non-refundable tax credits to individuals who invest in eligible small and medium-sized businesses in Ontario through investments in Labour Sponsored Investment Funds (LSIFs) and Employee-Owned corporations (EOs).

For investments in a LSIF, Ontario allows a tax credit of 15% of the investment, to a maximum credit of $750. In addition to the provincial credit, the federal government offers a similar tax credit equal to 15% of the investment to a maximum of $750.

If an LSIF also qualifies as a Research Oriented Investment Fund (ROF), an additional 5% tax credit is available to a maximum of $250.

Employees investing in an EO corporation may be entitled to tax credits, which are based on a maximum lifetime investment of $150,000. The maximum amount may be invested in a single year, but tax credits may only be claimed based on annual investment increments of $15,000. The tax credit is calculated as follows:

  • 20% of the first $3,500 of the annual investment
  • 30% of the next $11,500

The maximum annual tax credit is $4,150. Credits not claimed in any taxation year may be carried forward to future taxation years. Employees who invest the maximum lifetime amount of $150,000, could qualify for lifetime total tax credits of $41,500./P>

Capital Gains

In the case of corporations, only 50% of any capital gains (net of any capital losses) realized by individuals are included in calculating personal income taxes.

Capital gains realized from the sale of an individual's personal residence are exempt from taxation. A capital gains exemption is also available on gains realized from the sale of shares in qualified small businesses or farm property. The exemption is capped at $500,000 of gains, net of losses, over an individual's lifetime.

Registered Retirement Savings Plans (RRSP)

Individuals can save for their retirement through the RRSP on a tax-deferred basis. Contributions to an RRSP are deductible in calculating income for both federal and provincial personal income taxes. The investment income earned on contributions to an RRSP is tax-deferred. Any withdrawals from the plan are taxable, whether from the original contribution, or from investment income. Annual contributions are limited to 18% of earnings up to a maximum of $15,500 in 2004. By 2006, the limit will be increased to $18,000 and will be indexed for inflation beginning in 2007. Unused RRSP contribution room may be fully carried forward to future years.

Contributions to an employer's pension plan (Registered Pension Plan) are treated in the same manner as RRSP contributions. The contribution limits to the two types of plans are integrated, so that there is no doubling of tax benefits through the use of both.

Immigration Trusts

Certain income and capital gains can be sheltered from Canadian taxation by new immigrants for a limited time period, typically up to five years, through the use of an offshore trust.

A non-resident, or offshore, trust is not subject to Canadian income tax on its investment income for the first five years after the individual becomes a resident of Canada. All income earned by the trust would have to be retained and accumulated in the trust to shelter that income from taxation.


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Personal Tax Rate Comparisons

Top marginal personal income tax rates for Ontario are in the middle of the range for major industrialized countries. For middle-income earners, Ontario tax rates are at the lower end of the range. As shown, an individual in Ontario with earnings of $60,000 per annum faces one of the lowest marginal personal tax rates among industrialized countries.

Top Marginal Personal Income Tax Rates By Country, (%) 2004
Combined Federal, State, Provincial Income Tax Rate
Province/CountryMarginal Income Tax Rate (%)
Ontario46.4
United Kingdom40.0
Ireland42.0
United States42.2
Japan43.0
Italy45.0
Germany45.0
Australia47.0
France48.1

Source: Ernst & Young LLP
Current as of June 2004

Personal Income Tax Rates By Country
Earning the Equivalent of $60,000 (%) 2004

Combined Federal, State, Provincial Income Tax Rate
Province/CountryMarginal Income Tax Rate (%)
Ontario32.98
Japan30.0
United States31.7
Germany36.7
France37.4
Italy39.0
United Kingdom40.0
Australia42.0
Ireland42.0

Source: Ernst & Young LLP
Current as of June 2004

Personal Income Tax Rates by U.S. State
Earning the Equivalent of $60,000 (%) 2004

Combined Federal, State, Provincial Income Tax Rate
Province/StateMarginal Income Tax Rate (%)
Ontario32.98
Pennsylvania28.1
Michigan29.0
Massachusetts30.3
North Carolina32.0
Ohio32.4
California34.3
New York35.8

Source: Ernst & Young LLP
Current as of June 2004

Combined Ontario and Federal Income Taxes, (%) 2004
 TOTAL MARGINAL TAX RATES
Income ($)Employment incomeInterest incomeCapital GainsDividends
30,00022.5022.0511.034.48
60,00032.9832.9816.4916.86
90,00043.4143.4121.7027.59
120,00046.4146.4123.2031.34

Source: Ernst & Young LLP
Current as of June 2004


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Abbreviations

AbbreviationsName
AMTAlternative Minimum Tax
CCPCCanadian Controlled Private Corporation
CRACanada Revenue Agency
CMTCorporate Minimum Tax
CPPCanada Pension Plan
EHTEmployer Health Tax
EIEmployment Insurance
EOEmployee-Owned
GSTGoods and Services Tax
ITCInput Tax Credit
LCTLarge Corporations Tax
LFICTLarge Financial Institutions Capital Tax
AbbreviationsName
LSIFLabour Sponsored Investment Fund
M&PManufacturing and Processing
NRONon-Resident Owned
OBRI Ontario Business Research Institute
OCASEOntario Computer Animation and Special Effects
OCCAOntario Current Cost Adjustment
OITCOntario Innovation Tax Credit
R&DResearch and Development
RRSPRegistered Retirement Savings Plan
RST