Ontario Creates and the Canada Revenue Agency (CRA) – Ontario Film & Television Tax Credit (2022)
Description:
The Ontario Film and Television Tax Credit (OFTTC) is a refundable tax credit based on the qualifying labor expenditures incurred by a qualifying production company for eligible Ontario productions.
Comments on Funding:
The amount of credit depends on whether the eligible production is a first-time production, a small first-time production, or other than a first-time production. Funding is 35% of the eligible Ontario labor expenditures for other than first-time productions. An additional 10% of labour expenditures if the production is a regional Ontario production.
For first-time producers there is an enhanced tax credit of 40% on the first $240,000 of qualifying labor expenditure to a maximum of $12,000 and 35% on the balance.
There is a 10% regional bonus on all Ontario labor expenditures incurred for the production for:
Eligibility:
The applicant must:
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.
Applicants cannot claim the Ontario film and television tax credit if they claim the Ontario production services tax credit for that same production for any tax year.
Applications Steps:
The applicant must:
Fees:
- The administration fee is calculated as 0.15% of the estimate of total paid Ontario labour expenditures for the application. The minimum total administration fee is $500 and the maximum total administration fee is $10,000 per application. Please note that the administration fee is based on the Ontario side of the production budget in the case of co-productions.
- 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 taxation 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.
- There is a separate fee of $100 for each Amended Certificate.
Documentation Needed:
The applicant must:
Required documents:
- BOTH:
- Ontario Creates Applicant Declaration completed and signed by an authorized signing officer (officer and/or director) of the corporation.
- Administration Fee payable by Interac e-transfer to Ontario Creates
- Ontario Creates Waiver Declaration & Statement of Intent to Claim COVID-19 Extensions signed by an authorized signing officer (officer and/or director) of the corporation.
- Certificate and Articles of Incorporation for the applicant production company and any corporate owners and for the co-production partner in case of inter-provincial co-productions.
- Completed and signed Corporate Schedule for the applicant company and co-production partners (if inter-provincial co-productions) with all the information requested on the form (include information on any corporate shareholders).
- Signed Producer Residency Declaration forms for all controlling producers (producers, executive producers and co-producers).
- Agreements for all other Related Canadian Producers (not required for line producers and associate producers) outlining their duties and responsibilities on the production.
- CAVCO Part A Certificate (if available at this stage) OR written confirmation from CAVCO that they are aware of the courtesy credit exemption request for the individual(s) in question if the CAVCO Part A Certificate is not available and there are non-Canadian producer(s)/producer-related personnel which are not identified in the application
- CAVCO Personnel Numbers for all producers, producer-related personnel (including production manager) and key creative personnel.
- Chain of Title Documentation – including any legal opinion, option/acquisition agreements, assignment agreements or writer’s agreement(s), if applicable (for a series, a sample writer’s agreement). Chain of title documentation is not required for international treaty co-productions.
- Signed and dated inter-provincial co-production agreement and any amending agreement(s) for Inter-provincial Co-productions, if applicable.
- International Treaty Co-productions:
Signed and dated international co-production agreement and any amending agreement(s), if applicable.
AND Telefilm Canada’s Preliminary Recommendation. If the production is completed: Telefilm Canada’s Final Recommendation and CAVCO Part B Certificate of Completion.
- Synopsis – which provides a brief description of the storyline.
- Episodic Canadian content point breakdown (for series only) – listing the individual’s name, position and total points per episode. This information is entered directly in the online application.
- If production is completed, final on camera credit list (head and tail credits – per episode for series).
- Production Schedule including start and end dates of pre-production, shooting days (including location of shooting) and post-production.
- If applying for the Regional Bonus, provide a summary of all shooting/animation days with dates and locations, and supporting documentation such as daily production reports for all shooting days or agreement with the animation facility.
- Cast and Crew Lists, including role and residency addresses.
- Locked production budget in Telefilm (or similar) format.
International treaty co-productions: Submit breakdown of budgeted costs between the co-production partners.
Inter-provincial co-productions: Submit co-production partner’s budget.
If production is completed:
Final Cost Report: Must be the detailed final production cost report (on which the audited statement is based, if applicable).
International treaty co-productions: Submit breakdown of final costs between the co-production partners.
Inter-provincial co-productions: Submit co-production partner’s final cost report.
- Audited Statement of production costs, as per CAVCO’s audit guidelines for productions with a final cost of $500,000 or more.
- Schedule of Ontario labour costs (using the Calculation of Eligible Labour and Other Expenditures spreadsheet is recommended). Applicants must submit:
- Schedule of non-Ontario costs (using the Calculation of Eligible Labour and Other Expenditures spreadsheet is recommended)
- Financing and exploitation agreements: Provide signed agreements for all sources of financing and any distribution or broadcast license agreements. If only Deal Memos are available, please submit the executed Long Form Agreements once they are available.
- Financing Plan – This information is entered directly in the online application.
- Agreement with a CRTC-licensed broadcaster which guarantees that the Production will be shown in Ontario between 7pm and 11pm (not required if it’s for children) within two years of completion. In some cases proof of broadcast may be requested, such as written confirmation from the broadcaster of the date and time that the production aired, or other proof that broadcast has occurred. OR
Agreement with an Ontario-based Canadian distributor that the Production will be released in Ontario within two years of completion. In some cases proof of exhibition may be requested, such as written confirmation from the distributor of the date that the production was exhibited, or other proof of exhibition. If you are seeking the COVID extension, the agreement must include a guarantee that the production will be shown in Ontario within four years of completion.
- First-Time Productions – If you are applying for the bonus, please submit:
- 28Copy of the completed production in digital format (either in a playable file format or a downloadable link), if available. A copy of the production is required with the Letter of Confirmation application. For television series, please submit the last episode only. The upload size limit is 35MB on the OAP. If larger, please submit a file sharing link.
When It Ends:
Ongoing
Deadline:
Rolling deadline