Ontario Film & Television Tax Credit (OFTTC)
Note: As of August 24, 2023, the Government of Ontario made regulatory changes. These amendments implement commitments the government had previously announced to:
- Extend eligibility for the film and television tax credits to productions released exclusively online, as announced in the 2022 Budget; and,
- Introduce a screen credit requirement as announced in the 2022 Economic Outlook and Review.
The FAQs and Guidelines will be updated in the coming weeks.
What Is It?
The OFTTC is a refundable tax credit based upon eligible Ontario labour expenditures incurred by a qualifying production company with respect to an eligible Ontario production. The OFTTC is generally “harmonized” with the Canadian Film or Video Production Tax Credit.
How Much Is The Tax Credit?
The OFTTC is generally calculated as 35% of the eligible Ontario labour expenditures incurred by a qualifying production company with respect to an eligible Ontario production. An enhanced credit rate of 40% on the first $240,000 of qualifying labour expenditure is available for first-time producers. Productions that are shot in Ontario entirely outside of the Greater Toronto Area (GTA), or that have at least five location days in Ontario (or in the case of a television series, the number of location days is at least equal to the number of episodes), and at least 85% of the location days in Ontario are outside the GTA, receive a 10% bonus on all Ontario labour expenditures incurred for the production. Wholly animated productions which create at least 85% of key animation in Ontario outside of the GTA qualify for the regional bonus.
Who Is Eligible?
A qualifying production company is a Canadian corporation which is Canadian-controlled, has a permanent establishment in Ontario, and files an Ontario corporate tax return. In addition, the individual producer of the production must have been an Ontario resident for tax purposes at the end of both of the two calendar years prior to commencement of principal photography.
What Is An Eligible Production?
An eligible Ontario production is a production which:
- has six Canadian content points (unless it is an official treaty co-production)
- is predominantly shot and posted in Ontario (Note: There are exceptions for documentaries, interprovincial co-productions and international treaty co-productions)
- spends at least 75% of its total final costs on Ontario expenditures
- if for television, is suitable for a minimum 30-minute time slot (except children’s programming)
- where principal photography commenced before November 1, 2022, has an agreement in writing with an Ontario-based, Canadian distributor or a CRTC-licensed broadcaster to be shown in Ontario within two years of completion (broadcast must occur between 7:00 p.m. and 11:00 p.m., except for children’s programming)
- where principal photography commenced on or after November 1, 2022, the production was made for commercial exploitation by one or more of the following means:
- Theatrical distribution: productions shown commercially in cinemas;
- Television broadcast: productions made available via traditional television broadcast in a scheduled timeslot; or,
- Alternative means: productions made available online (download or streaming), by video-on-demand, or on physical medial (e.g., DVD)
- where principal photography commenced on or after November 1, 2022, has an agreement in writing, for consideration at fair market value, to have the production shown in Ontario within two years after it is completed. The entity with whom the agreement must be made differs depending on the means of commercial exploitation:
- For productions distributed theatrically, the agreement must be with a Canadian distributor having a permanent establishment in Ontario;
- For productions broadcast on television, the agreement must be with a Canadian broadcaster;
- For productions made available by alternative means, the agreement must be with an entity that makes film or television productions available for viewing by the public. Note that this entity is not required to be Canadian so long as the production is made available for viewing in Ontario. However the distribution rights for the production can only be exploited by a Canadian corporation for two years after the production is completed.
- is not in an excluded genre (such as news or current affairs, talk shows, game shows, sports shows, awards shows, fundraising shows, reality television)
- where principal photography began after August 24, 2023, there is a screen credit that includes acknowledgement of Ontario tax credit support in the production’s end credits.
Additional Rules for alternative means productions (over and above the general eligibility requirements):
OFTTC production made available by alternative means are subject to additional eligibility rules:
Production budget requirements:
- The total budget must be at least $250,000 if the production is made commercially available under an agreement with a third party;
- The total production budget must be at least $350,000 if the production is made commercially available under an agreement with a related party;
- The total production budget must also meet or exceed $2,000 per minute of the production’s completed runtime
Content exclusions:
In addition to types of productions that are excluded from OFTTC eligibility regardless of exhibition method, productions made available by alternative means are also excluded if they are:
- An instructional production, including instructional videos or tutorials related to cooking, crafting, renovating, beauty, fitness, parenting, careers or finance,
- A review or a commentary, opinion or advice video,
- Educational content related to a curriculum or course of study, other than a production directed primarily at children under the age of 12,
- A vlog, travelogue, video journal or diary, home movie or a production that primarily consists of recreational content,
- A music video,
- A production in respect of esports, gaming or gambling,
- A prank video,
- A speech, sermon, presentation or discourse,
- Coverage of a conference, gathering, ceremony or event,
- A production that primarily consists of content from another film or television production or an interactive digital media production previously released to the public, or
- A production all or substantially all of which consists of user-generated footage
New Screen Credit Requirement For All Productions with Principal Photography After August 24, 2023:
Productions that begin principal photography after August 24, 2023 are required to include an acknowledgement of Ontario tax credit support in the production’s end credits. For a series, the acknowledgement is required in the end credits of each episode for which the tax credit is claimed.
The following elements must be included:
- The Province of Ontario wordmark logo;
- The Ontario Creates wordmark logo; and
- Text stating “Produced with film and television tax credit assistance from the Government of Ontario”
Image files containing the Province of Ontario logo and the Ontario Creates logo combined in a manner that meets Ontario’s visual identity rules can be accessed on Ontario Creates website at: https://www.ontariocreates.ca/about-us/ontario-creates-logo. If you have difficulty accessing these files or have any questions regarding proper use, please contact: communications@ontariocreates.ca.
What Expenditures Are Eligible?
Eligible Ontario labour expenditures consist of:
- Salaries and wages paid to Ontario residents;
- Remuneration paid to:
- corporations that are personal service companies subject to tax in Ontario for the services of an Ontario resident,
- sole proprietors or freelancers subject to tax in Ontario
- partnerships, for the services of a partner subject to tax in Ontario, and
- taxable Canadian corporations with a permanent establishment in Ontario for the services of their employee(s) who are Ontario residents; and
- Reimbursements by a wholly-owned production company to its parent company for labour expenditures, as above, that were paid by the parent company on behalf of the production company.
Ontario residents are individuals who were resident in Ontario for tax purposes at the end of the calendar year prior to commencement of principal photography. The labour expenditures of a corporation for the purposes of the OFTTC must be reasonable and must be included in the cost of the production.
Labour expenditures must not only be incurred but must also be paid in the taxation year (or within 60 days after the end of the taxation year) for which they are being claimed.
Eligible labour expenditures include those incurred from the production commencement time (PCT) until the end of post-production. Productions can claim eligible labour expenditures as early as two years prior to the commencement of principal photography. This may include labour expenditures for script development.
How to Determine Production Commencement Time (PCT)?
To determine the PCT date, the applicant must take the earlier of 1 or 2:
- the commencement of principal photography (PP);
- the latest of:
- the date the first labour expenses for script material were incurred by the applicant (or their parent corporation)
- the date the applicant (or their parent corporation) acquired the property on which the production is based;
- two years before commencement of principal photography
How Is The Credit Administered?
The OFTTC is jointly administered by Ontario Creates - an agency of the Government of Ontario – and the Canada Revenue Agency. Application is made to Ontario Creates for a certificate of eligibility, which the production company files with the Canada Revenue Agency together with its tax return in order to claim the OFTTC. The amount of the credit, net of any Ontario taxes owing, will be paid to the qualifying corporation. If the qualifying corporation does not owe any taxes, the full amount will be paid out.
Downloads & Templates
* PLEASE NOTE: CANADA REVENUE AGENCY (CRA) ADMINISTERS BOTH FEDERAL AND ONTARIO CORPORATE TAXES. THE CRA IS THE FIRST POINT OF CONTACT FOR ALL CORPORATE TAX ENQUIRIES (1 833 446-0934).
Note: This sheet is a general guide and may not be relied upon in order to determine eligibility or the amount of an anticipated credit. Please consult the OFTTC legislation and regulation for further details.
As of November 2021
OFTTC COVID FAQs
Please see information on CRA’s website.
1. Are costs for medical and/or health and safety personnel required due to COVID-19 eligible costs for tax credits? What about expenses related to testing for COVID-19 and extra cleaning and sanitation costs?
2. Are costs for personal protective equipment (PPE) required due to COVID-19 eligible costs for tax credits?
3. Are suspension, severance or relief payments eligible expenditures for tax credits? What about retention payments to induce an individual to remain with the production while it is stalled?
4. Will deposits or advances paid to vendors be eligible costs for tax credits where those amounts have been forfeited due to COVID-19?
5. Is CEWS considered assistance for purposes of the Ontario tax credits?
6. My production has stalled and will never be completed because of COVID-19. Can I still claim the OFTTC on the expenditures my company incurred before we were shut down?
7. My production has been completed but my company had to make changes due to COVID-19 so we weren’t able to meet all of the tax credit eligibility requirements. Have any eligibility requirements been waived due to COVID-19?
As of September 2023
Frequently Asked Questions
OFTTC – August 24, 2023 Regulatory Amendments
- 1.
Principal photography for my production started prior to November 1, 2022. Do the regulatory amendments impact me? Can I benefit from the extended eligibility for online productions?
The regulatory amendments are effective for productions that begin principal photography on or after November 1, 2022. The previous rules apply for productions that began principal photography prior to that date.
- 2.
Does Ontario follow CAVCO Public Notice 2017-01 that allows online productions to meet the “shown in Canada” requirement for OFTTC productions that began principal photography before November 1, 2022?
No, Ontario does not follow CAVCO’s Notice 2017-01 for purposes of determining whether a production has met the “shown in Ontario” requirement for the OFTTC. Productions that began principal photography before November 1, 2022, that are only available online are not eligible for the OFTTC. The new regulatory amendments of August 24, 2023, extend eligibility to online productions only where principal photography began on or after November 1, 2022, and the production has met the additional eligibility requirements for productions made available by alternative means.
- 3.
The regulatory amendments of August 24, 2023, extended eligibility for film and television productions made for commercial exploitation by alternative means where principal photography began on or after November 1, 2022. My production is being made for theatrical release or television broadcast. Do any new rules apply?
Eligibility rules for productions made for theatrical release or television broadcast are substantively unchanged from those prior to November 1, 2022 (apart from the new screen credit requirement). The regulatory amendments include clarification that productions must consist solely of non-interactive audiovisual content, and include structural and technical changes to more clearly delineate requirements according to the means of commercial exploitation. These changes clarify the entity with whom an agreement must be made to have the production shown in Ontario within two years of the production’s completion:
- Productions made for theatrical distribution must have an agreement with a Canadian distributor having a permanent establishment in Ontario;
- Productions made for television broadcast must have an agreement with a Canadian broadcaster – a corporation that carries on a broadcasting undertaking licensed by the Canadian Radio-television and Telecommunications Commission (CRTC);
- Productions made available by alternative means must have an agreement with an entity that makes film or television productions available for viewing by the public. The shown in Ontario requirement can be satisfied by a non-Canadian online exhibitor provided the exhibition agreement is with the production company or Canadian distributor.
- 4.
What types of online platforms are acceptable for productions made available online or productions made available by alternative means?
For productions where principal photography began on or after November 1, 2022, the regulations do not restrict eligibility to specific types of online platform. Acceptable online platforms include subscription-based video-on-demand (SVOD), advertising-based video-on-demand (AVOD), free ad-supported streaming TV (FAST), hybrid video-on-demand (HVOD), transactional video-on-demand (TVOD), or other models, as long as the platform makes film or television productions commercially available for viewing by the public via download or streaming.
Please note that for productions where principal photography began before November 1, 2022, productions that are exclusively exhibited online are not eligible for the OFTTC.
- 5.
The regulation says that eligible productions must consist solely of non-interactive content. How is interactive defined?
An interactive production would allow a viewer to interact with the content to determine the course of events (e.g., multiple endings, “choose your own adventure,” or video games). Standard playback controls within an online platform (e.g., pause, fast forward, skip) do not make the production interactive.
The Ontario Interactive Digital Media Tax Credit (OIDMTC) supports interactive digital media projects. Companies interested in producing interactive audiovisual projects may consult the eligibility criteria for that credit.
Exhibition via Alternative Means:
- 1.
For alternative means productions, do the minimum budget thresholds ($250,000 or $350,000) and the $2,000 per minute runtime requirement both apply?
Yes. The $2,000 per minute runtime minimum budget threshold is a separate requirement that applies to all productions applying under the “alternative means” category. This requirement ensures a consistent baseline of production quality regardless of the number and length of episodes included in the production. This requirement applies in addition to the minimum total budget threshold of either $250,000 or $350,000, depending on whether the production is exhibited by a third party or related party, respectively.
- 2.
For a series, do the budget threshold requirements for alternative means apply to each episode, or to a season?
The budget threshold requirements for alternative means apply to the production. A production can be a single installment or a group of two or more episodes.
- 3.
Do producer deferrals count toward the minimum budget threshold requirements for productions made available online or other alternative means formats?
No. Any deferred or unpaid expenditures do not count toward meeting the minimum budget threshold requirements.
- 4.
How will “fair market value” be determined for an online or other alternative means production, given business models may be different compared to productions made for theatrical distribution or television broadcast?
Ontario Creates is responsible for determining fair market value. Ontario Creates will consider relevant factors related to online business models and other considerations to inform determinations.
- 5.
Do the terms of service for an online platform that allows users to post content count as an agreement in writing at fair market value?
No. A terms of service agreement or similar agreement with a content platform that enables a user of the platform to post content online does not constitute an agreement in writing at fair market value.
- 6.
Is there a minimum length requirement for productions made available online?
No. There is no minimum length requirement for one-off productions or episodes of a series applying under the “alternative means” category.
- 7.
Can my production be shown on an online platform that is not Canadian within two years after completion, given the requirement that distribution rights must be held by a Canadian corporation for the first two years?
Yes. As long as the distribution rights are held by a Canadian corporation (whether the production company or a distributor), that entity may enter into an agreement with a non-Canadian online exhibitor
- 8.
My production includes certain scenes, clips, or footage of content that is included on the list of excluded content for “alternative means” productions. Does this mean the production is ineligible if it is only available online?
A production is excluded if it is in one of the excluded content categories. A production may contain limited scenes or clips of excluded content types provided the production itself is not considered to be in the excluded content category. The regulation provides greater certainty in this regard for documentaries, as documentary productions are likely to include various types of footage. Please note that to be considered a documentary, productions must meet the definition stated in the regulation, which is: “a film or television production that is an original work of non-fiction primarily designed to inform, but that may also educate and entertain, and that provides an in-depth critical analysis of a specific subject or point of view.”
- 9.
Do the excluded genre categories under Section 27.1(3)(j) also apply to “alternative means” productions?
Yes. The excluded genre categories in section 27.1(3)(j) apply to all OFTTC productions regardless of whether they are made for commercial exploitation by theatrical distribution, television broadcast, or alternative means. OFTTC-eligible productions must not be:
- News, current events or public affairs programming, or a programme that includes weather or market reports,
- A talk show,
- A production in respect of a game, questionnaire, or contest (other than a production directed primarily at minors),
- A sports event or activity,
- A gala presentation or an awards show,
- A production that solicits funds,
- Reality television,
- Pornography,
- Advertising,
- A production produced primarily for industrial, corporate or institutional purposes, or
- A production, other than a documentary, all or substantially all of which consists of stock footage
In addition to these general OFTTC genre exclusions, productions made for commercial exploitation by alternative means are also subject to additional excluded genre categories. These are outlined in section 27.1(3)(k) and include:
- An instructional production, including instructional videos or tutorials related to cooking, crafting, renovating, beauty, fitness, parenting, careers or finance,
- A review or a commentary, opinion or advice video,
- Educational content related to a curriculum or course of study, other than a production directed primarily at children under the age of 12,
- A vlog, travelogue, video journal or diary, home movie or a production that primarily consists of recreational content,
- A music video,
- A production in respect of esports, gaming or gambling,
- A prank video,
- A speech, sermon, presentation or discourse,
- Coverage of a conference, gathering, ceremony or event,
- A production that primarily consists of content from another film or television production or an interactive digital media production previously released to the public, or
- A production all or substantially all of which consists of user-generated footage.
OFTTC - Screen Credit Requirement
- 1.
When does the screen credit requirement come into effect?
The screen credit requirement is effective for productions that begin principal photography after August 24, 2023.
- 2.
Are all three elements required (i.e., the Province of Ontario logo, the Ontario Creates logo, and the acknowledgement text), or do I choose one?
All three elements are required.
For ease of use, image files containing the Province of Ontario logo and the Ontario Creates logo combined in a manner that meets Ontario’s visual identity rules can be accessed on Ontario Creates’ website at: https://www.ontariocreates.ca/about-us/ontario-creates-logo. If you have difficulty accessing these files or have any questions regarding proper use, please contact Communications@ontariocreates.ca
The acknowledgement text should be in the language used in the production’s end credits. The text is available in both English and French within the regulation. If the language used in the end credits is a language other than English or French, a company is permitted to translate the text into that language.
- 3.
Will the screen credit requirement impact tax credit processing? Will I have to provide the finished version of the production to Ontario Creates for verification of the screen credit before my application can be certified?
No, the screen credit requirement will not impact tax credit processing. Ontario Creates will not wait to verify the screen credit requirement before issuing a Certificate of Eligibility (“Certificate”). Companies will be expected to comply with the requirement. If Ontario Creates becomes aware of a production that does not comply with the requirement once the production is made available to the public, Ontario Creates has the authority to revoke the Certificate.
Please note that for the OFTTC, the screen credit should appear on the production before Ontario Creates will issue the Letter of Confirmation.
- 4.
Does the screen credit have to appear in the end credits of all episodes of a series, even if some episodes had no eligible activities take place in Ontario?
The screen credit is required in the end credits of all episodes of the production included in the group of episodes for which the tax credit is being claimed. If there are episodes of a series that are not included in the tax credit application, the screen credit is not required in the end credits of those episodes.
- 5.
Some international partners have restrictions on allowable screen credits. Will this impact eligibility?
An exemption from the screen credit requirement is allowed for an international version of the production released in a jurisdiction where inclusion of the screen credit would be legally prohibited. Companies are responsible for informing Ontario Creates of any need to seek this exemption for an international version of the production. The onus is on the applicant to demonstrate the prohibition in another jurisdiction.
OFTTC
- 1.
What are the requirements for inter-provincial co-productions?
In the case of an inter-provincial co-production, the OFTTC requirements that 85% of the shooting/key animation take place in Ontario and that 95% of the cost of post-production be carried out in Ontario are waived. The production must still meet all the other OFTTC requirements.
There must be a co-production agreement in place between the Ontario qualifying corporation and a Canadian corporation from another province. In addition, there must be an individual Ontario producer and a producer who is resident in the other provincial jurisdiction who perform producer functions on behalf of each of the coproducing companies. Each of the parties must exercise full responsibility, authority and control over their side of the co-production. At least 20% of the costs of the production must be borne by the Ontario producer.
The OFTTC is based on Ontario expenditures, so it is preferable to have separate corporations in each jurisdiction. Although a jointly-owned production company is eligible for the OFTTC, it may be more difficult to identify the Ontario co-producer’s costs with such a structure. It is therefore not recommended as a co-production structure since it can be problematic for audit purposes.
Other provinces may have further requirements, so please check with the relevant entities in those jurisdictions.
- 2.
Does Ontario follow CAVCO Public Notice 2017-02 which defines ineligible genres and Public Notice 2017-03 which defines advertising for purposes of federal film or video production tax credit programs?
Yes, Ontario Creates uses these definitions in determining if a production is an excluded production by virtue of being one of the genres listed in the OFTTC and OPSTC Regulation (O. Reg 37/09) section 27(2) h and section 31 paragraph 4, or section 90(11) of the Taxation Act, 2007 for OCASE. While Ontario Creates uses the same definitions, Ontario Creates will conduct our own assessment of a production’s genre.
- 3.
Has there been any change to the treatment of talk shows for the purposes of the Ontario tax credits?
Talk shows have always been and continue to be ineligible for all Ontario tax credits, including the OFTTC, OPSTC, OCASE and OIDMTC. Talk shows are only eligible for the federal credit, the Canadian Film or Video Production Tax Credit administered by CAVCO, where principal photography began after February 16, 2016. Talk shows are not eligible for the federal Film or Video Production Services Tax Credit administered by CAVCO.
- 4. What are non-Ontario costs?
In order to receive the OFTTC, a production must have no more than 25% non-Ontario costs. Non-Ontario costs are costs not paid to either Ontario residents or corporations with a permanent establishment in Ontario. Ontario costs are those that are paid to Ontario-based individuals or corporations for goods or services provided by the Ontario-based individuals or corporations in the course of carrying on their businesses at permanent establishments in Ontario.
Non-Ontario costs are not necessarily determined the same way as non-Canadian costs are for the federal credit. For instance, per diems that are spent outside of Ontario are non-Ontario costs unless those amounts were included in the crew agreements for Ontario residents as taxable income. Hotel expenses outside of Ontario are non-Ontario costs, even if the person who stayed in the room is an Ontario resident.
Even if a production company paid an Ontario travel agent to assist in the booking of the hotel room outside of Ontario, this would still be considered a non-Ontario cost as the travel agent is in the business of finding the room and making the connections, but they are not in the business of renting and providing the actual hotel room. The same principle would apply if the production company was using an Ontario travel agent to assist with booking flights or rental cars outside of Ontario. Again, to be considered an Ontario cost, the expenditure must be paid to an Ontario-based individual or corporation for goods or services that that Ontario-based individual or corporation provides in the course of carrying out their business at a fixed place of business in Ontario. Production companies may not insert an Ontario company as a middleman if that company is in a different line of business in order to convert the expenditure into an Ontario cost.
Where travel arrangements for flights are booked online (ie via an airline’s website or on websites such as Expedia.ca) whether these expenditures would be considered as Ontario or non-Ontario costs would be a matter of fact. Questions that production companies should consider: Is the company in the business of providing that specific good or service (ie flight, hotel room, etc) or are they the party that makes the arrangements but payment must be made to a non-Ontario entity for the good or service when you/your crew arrive at your destination? If the company is in the business of providing that specific good or service, are they in fact carrying on their business at a permanent establishment (ie fixed place of business) in Ontario where they provide these goods and services? Does the airline you are purchasing flights from have an office in Ontario?
If a production company is unsure, it should be conservative in its estimates and treat such costs as non-Ontario costs. In the event that the applicant for the OFTTC has treated these types of expenditures as Ontario costs, when Ontario Creates reviews the application, if it appears that considering these expenses as non-Ontario costs would put the production offside (ie the total non-Ontario costs would be more than 25% of the overall final cost), Ontario Creates will consult with CRA on the facts of the case to determine if the costs in each specific fact pattern are Ontario or non-Ontario costs.
- 5.
How do I determine residency?
Under film and television tax credits, eligible labour expenditures are based on residency in Ontario for purposes of the provincial credits, and residency in Canada for purposes of the federal credits. CRA provides guidelines to assist companies in determining whether individuals are resident in Canada. An individual may be a “factual resident” or a “deemed resident” of Canada. Factual residents of Canada are those who have established significant residential, economic and social ties to Canada. They are subject to Canadian and provincial/territorial income tax on worldwide income throughout the year. Labour expenditures paid to factual residents may qualify for both federal and provincial film and media tax credits. CRA’s guidelines have a list of documents that are evidence of strong ties to Canada for purposes of establishing if someone is a factual resident of Canada. For more information see Residency status determination. The same principles can be applied in determining if an individual is Ontario-based individual or a resident of another Canadian province.
This is distinguished from “deemed residents” who have not established significant ties in Canada but were in Canada for 183 days or more in a calendar year. They are subject to Canadian income tax on worldwide income throughout the year and are subject to federal surtax instead of provincial tax. For more information see Residency status determination. Labour expenditures paid to “deemed residents” may qualify for federal film and television tax credits but do not qualify for provincial film and television tax credits.
- 6.
What are the requirements for the regional bonus?
A production will qualify as a regional Ontario production if:
- all of the Ontario Principal Photography takes place outside the Greater Toronto Area (City of Toronto, Durham, Halton, Peel and York);
or - where Principal Photography in Ontario is done partly inside the GTA and partly outside the GTA, if:
- there are at least 5 Ontario location days* (or for a TV series, the number of Ontario location days at least equals the number of episodes in the production);
and - at least 85% of the location days in Ontario are outside the Greater Toronto Area;
- there are at least 5 Ontario location days* (or for a TV series, the number of Ontario location days at least equals the number of episodes in the production);
- in the case of entirely animated productions, at least 85% of their key animation days in Ontario take place outside of the Greater Toronto Area.
When an applicant is claiming the regional bonus, we will not issue a Certificate of Eligibility until principal photography or key animation has been completed. We will take a very close look at the shoot day ratio, and will want to see all the daily production reports (DPRs), or call sheets if DPRs weren’t used, or the contract with the animation facility. If the production does not have DPRs or call sheets, other items that might also help to prove where shooting took place include: location permits, invoices, etc.
* Ontario location day is a day on which principal photography for the production is done in Ontario outside a film studio. - all of the Ontario Principal Photography takes place outside the Greater Toronto Area (City of Toronto, Durham, Halton, Peel and York);
- 7.
What are the requirements for the first-time producer bonus?
A production qualifies for this bonus if:
- the producer does not have more than one previous producer screen credit for a production that was commercially released, or broadcast in prime time; and
- the producer has not participated as a producer on another production which received an OFTTC certificate; and
- the qualifying production company is not controlled directly or indirectly by: an individual with more than one previous producer screen credit for a production that was commercially released or broadcast in prime time; or by someone who has participated as a producer on a production that has received an OFTTC certificate; or by a corporation that has received an OFTTC certificate.
If you would like to apply for the bonus, you should contact us for a First-Time Producer Declaration, which will have to be submitted (along with a c.v.) for every producer on the production, including the executive producers and co-producers.
- 8.
Some episodes of my television series don’t qualify for the OFTTC. Can I apply for the OFTTC for the episodes that qualify and the OPSTC for those that don’t?
If there are episodes in a television series that don’t qualify for the OFTTC (for example, they don’t have the minimum Canadian content points), an OPSTC application can be made for those episodes provided they meet all the OPSTC eligibility requirements. In such a case, the episodes in the series could be split into separate OFTTC and OPSTC applications.
Similarly, if a television series as a whole doesn’t qualify for the regional bonus, the episodes can be split into separate OFTTC applications for the purpose of qualifying for the regional bonus.
- 9.
What is the Production Commencement Time (PCT) and how is it determined?
Only eligible labour incurred on or after the Production Commencement Time (PCT) can be claimed for a production. The PCT is the earlier of a) or b):
- is the commencement of principal photography;
- is the latest of the following 3 dates:
- first script labour expenditure *
- rights acquisition **
- 2 years prior to principal photography***
* The date of first script labour expenditure is the date the applicant production company (or its parent corporation****) first incurs an expenditure for salary, wages or other remuneration for the activities of scriptwriters, that are directly attributable to the development by the company of script material for the production. Script material can include a draft script, original story, narration, outline, synopsis, or treatment, etc. It does not include research.
** The date of rights acquisition is the date the applicant production company (or its parent corporation****) first acquires the property on which the production is based.
***The Province introduced an amendment to temporarily extend the claim period by 24 months, whereby eligible expenditures can be claimed up to 48 months, or 4 years, prior to the start of principal photography or key animation (“PP”). To qualify for this extension, the production must have: a) commenced PP after March 15, 2020; b) incurred an Ontario labour expenditure on or before March 15, 2020; and c) must not have applied for a Letter of Confirmation on or before March 15, 2020. Note that a production that applied for a Letter of Confirmation (“LOC”) on or before March 15, 2020 and later withdrew that application will still be considered to have applied for a Letter of Confirmation on or before March 15, 2020. The applicant production company must also file a valid, completed waiver with the CRA for each taxation year prior to PP in which the they claim an OFTTC for the production, and include a completed Ontario Creates Waiver Declaration & Statement of Intent to Claim COVID-19 Extensions (“Ontario Creates Waiver & COVID Statement”) for these taxation years with their application for a Certificate of Eligibility (or with their application for an LOC if the Certificate of Eligibility has already been issued). Alternatively, a production can claim eligible expenditures incurred prior to the year in which PP began in the tax credit claim for the year that PP began. No CRA waiver is required in this case, but companies must indicate that they are applying for this extension when completing the Ontario Creates Waiver & COVID Statement. Please consult the guidelines for further details on these requirements.
**** For the purposes of PCT, ‘parent corporation’ is interpreted to mean a corporation that 100% owns another corporation. If there are two or more shareholders of a corporation, that corporation is considered not to have a parent.
- 10.
Can I claim labour on fringes?
The rule of thumb for fringes is that only those costs that are taxable benefits to the employee can be included as eligible labour expenditures. Items such as vacation pay, retirement contributions and insurance contributions can be taxable benefits if they are included in the gross wages of the employee (and listed on the T4).
- 11.
What is considered ‘assistance’ and therefore grinds the tax credit?
Assistance includes grants, subsidies and forgivable loans. These will reduce (‘grind’) your tax credit. However, the 2015 Ontario Production Services and Computer Animation and Special Effects Transitional Fund is not considered assistance for the purposes of the OFTTC, OPSTC or OCASE.
Bona fide loans with a set repayment date, other tax credits, licence fees and equity investments are not considered assistance.Sponsorships may be considered assistance if there does not appear to be an exchange of benefits (such as cash or goods) at fair market value between the producer and the sponsor.
Labour deferrals reduce the amount of labour that can be claimed for the OFTTC and OCASE tax credit. Deferrals for non-labour costs do not. The OPSTC is based on qualifying production expenditures (QPE) which is broader than just labour. Deferrals of qualifying production expenditures reduce the amount of QPE that can be claimed for the OPSTC.We will want to see documentation of all the financial contributions to a production, including loans, deferrals and sponsorship amounts.
In April 2017, CRA posted an application policy to provide stakeholders in the film, video and television production industries with an overview of the legislation related to the definition of assistance. The application policy addresses various forms of financing and provides guidance to stakeholders to help them determine whether an amount would be considered assistance for purposes of calculating the Canadian Film or Video Production Tax Credit (CPTC) and the Film or Video Production Services Tax Credit (PSTC). The policy also applies to similar provincial tax credits that are co-administered by CRA such as OFTTC, OPSTC and OCASE.
- 12.
How do grants grind the OFTTC in an interprovincial co-production?
Grants are considered a form of assistance which grind the OFTTC. Assistance from all sources, regardless of whether the amount was received by the Ontario co-producer or by the interprovincial co-production partner, and regardless of whether it relates to the Ontario portion of the production costs or the partner’s costs, grind the Ontario labour amount proportionately.
Here is an example of the grind calculation:
Total Production Costs (Ontario and co-producer’s) $10,000,000
Ontario Labour Amount $ 3,000,000
Grant amount $ 500,000In this example:
Assistance x Ontario Labour Amount
Total Production CostsIn this example:
$500,000 x $3,000,000 = $150,000
$10,000,000The Ontario Labour amount on which the OFTTC is calculated is therefore $2,850,000.
- 13.
Does crowdfunding impact a production’s tax credit?
Crowdfunding will not impact a production’s eligibility for a tax credit. However, depending on the type of crowdfunding model utilized, it may be treated as assistance. In April 2017 CRA posted an application policy on various forms of financing and how to determine if they were assistance. The policy also dealt with three crowdfunding models: donation, lending and investment. The donation model is the one that producers might be most likely to use where there are small gifts/items provided by the producer to the contributor based on tiered levels of donation. In accordance with CRA’s application policy the donation model of crowdfunding would be treated as assistance.
CRA Application Policy - 14.
Do I need to submit the “Ontario Declaration of Residency/Consent Forms” to Ontario Creates?
No, we generally do not want to see these declarations as part of our review. We require crew/cast lists that include the job title and residency address for each person for whom labour is being claimed.
- 15.
Does the timing of an OFTTC or OPSTC Certificate of Eligibility impact OCASE?
Yes. For purposes of OCASE, an eligible production is one that has already been issued an OFTTC or OPSTC Certificate of Eligibility. If you are a producer that will be applying for OFTTC or OPSTC and you have performed eligible animation or visual effects activities so you plan on applying for OCASE, you may wish to consider staggering your applications. Applicants for the OFTTC/OPSTC may apply to Ontario Creates as early as the first day of principal photography or key animation. OCASE applicants may only apply to Ontario Creates at the end of their fiscal year. If you have applied promptly, you will have your OFTTC/OPSTC Certificate of Eligibility in hand and it won’t hold up your OCASE application. Likewise, you may have contracted vendors to provide animation or visual effects services on your production. The processing of OCASE applications by those vendors for their work will be held up pending the processing and certification of your OFTTC/OPSTC. Producers are encouraged to communicate with their visual effects and animation suppliers as to when they file their OFTTC/OPSTC claims.
- 16.
What is the best way to send the certificates of eligibility to CRA?
Applicants are encouraged to upload their certificates via the “T2 attach-a-doc” feature of their CRA-approved tax software. This is a feature that allows taxpayers to electronically file supporting documentation with the CRA directly at the time of filing their T2 tax return (note that documents can also be filed via this feature within 24 hours after filing the T2 tax return electronically). If the document is filed later (i.e., after 24 hours from the time of filing the T2 tax return electronically), you can register for My Business Account (MyBA) and then submit it electronically via the MyBA portal. A new feature is now available on MyBA that allows registrants to submit their certificates and other documents without a case or reference number. Please see What’s new – Film and media tax credits on CRA’s website for further details.
If you choose to submit the certificate by mail, it should be sent to the appropriate CRA tax centre. You can also submit the certificate by fax and it will be converted to electronic format when received at the CRA. Please see Film services units - Canada.ca for the mailing addresses and fax numbers.
- 17.
What is the tax credit administration fee?
The OFTTC administration fee is calculated as 0.15% of eligible expenditures for the application. There is a minimum fee of $500 per application and a maximum of $10,000 per application.
There is an additional filing fee of $100 applied to applications for Certificates of Eligibility received more than 24 months after the end of the first fiscal year in which principal photography began. Where a year-end has not been included in the application, the additional fee will be applied to applications submitted more than 24 months after the start of principal photography. As well, there is a fee of $100 for each Amended Certificate. - 18.
Can an Ontario film and media tax credit refund be assigned to a third party?
The Canada Revenue Agency (CRA) administers Ontario’s film and media tax credits on behalf of Ontario and does not allow for a tax refund to be assigned to a third party.
The CRA does, however, allow a corporation to redirect its tax refund less any taxes owing to the mailing address of its choice, for example, a financial institution. The name of the payee on the refund cheque, however, will be that of the eligible corporation filing the claim.If you want the CRA to send your refund cheque to an address other than your regular mailing address, include a letter with your T2 Corporation Tax Return requesting this and ensure that you provide the address. Submit the letter to the taxation centre where you file your T2 Corporation Tax Return. A list of the tax centres is available at CRA.
- 19.
Who should I contact in the Tax Credits Department with other questions?
If you have further questions, please contact the phone duty line by e-mail taxcredits@ontariocreates.ca or call us at 416-642-6659.Please leave a detailed message including your name, company, phone number and the file about which you are inquiring. There is a different person on phone duty every day, and he/she will respond to your email or call within one business day.
- 20.
What can I do if my product/production is found to be ineligible?
If an issue of ineligibility arises during review, the Business Officer will communicate with the Applicant to explain the issue, ask further questions and request additional documentation if required. The Applicant will be given the opportunity to provide additional information or documentation to support their position for any issue in dispute.
After considering any additional information or documentation and consulting with the Ontario Creates Director of Tax Credits, if the issue remains unresolved, Ontario Creates may recommend the Applicant withdraw the product(s)/production(s) from review. If the product(s)/productions(s) are not withdrawn, Ontario Creates will issue a Letter of Ineligibility for those product(s)/production(s).
If a Letter of Ineligibility has been issued for a product or production, the Applicant cannot resubmit that product or production for a tax credit. CRA is notified of any Letters of Ineligibility issued by Ontario Creates.
Determinations of ineligibility are not subject to the Ministry of Finance or Canada Revenue Agency objections and appeal process. Applicants can commence an application for judicial review of an Ontario Creates’ decision on eligibility.
- 21.
Can I appeal the amount of the tax credit received?
If you have received a Certificate of Eligibility but wish to appeal the amount of the tax credit determined by the CRA, please refer to the CRA’s objections and appeals process at : https://www.canada.ca/en/revenue-agency/services/about-canada-revenue-agency-cra/complaints-disputes/ontario-corporations-tax.html
Note that determinations of ineligibility are not subject to the Ministry of Finance or Canada Revenue Agency objections and appeal process.
- 22.
Do the COVID-19 extensions cover all OFTTC requirements?
The COVID-19 extensions ONLY apply to three issues: the shown in Ontario requirement, application deadline and production commencement time. The COVID-19 extensions do not cover any other eligibility requirements. Please see section 2.04 of the OFTTC Guidelines for a summary of the COVID-19 extensions.
- 23.
How do I apply for a COVID-19 extension? Should I just check off all boxes?
Please ONLY check off the boxes for the COVID-19 extension(s) you require.
If you already have an agreement that meets the shown in Ontario requirement – such as a broadcast license, then you don’t need to apply for the extension of the shown in Ontario requirement on page two.
If you require more time to submit an agreement that demonstrates the shown in Ontario requirement (and you meet the parameters for this COVID-19 exemption), then please only check this box. Administratively we will extend the deadline to issue the Certificate and Letter of Confirmation. If this is the only outstanding item, applicants should not check off the extension for application deadline.
Likewise, if you have already applied for a Certificate of Eligibility and Letter of Confirmation within 42 months after the first taxation year that ends after the start of principal photography, then you have already met the application deadline and you do not need to apply for the COVID-19 extension of the application deadline on page two.
Please see section 2.03 B of the OFTTC Guidelines for further clarification on how to complete the Ontario Creates Waiver & COVID Statement form for applicable years when requesting the COVID-19 extension for application deadline.