Every corporation incorporated, amalgamated or continued in Ontario is required to file an annual return with Ontario’s Ministry of Government and Consumer Services (“Ministry”) within six months after the end of its tax year (“Annual Return”). The Annual Return discloses certain basic information about the corporation, such as its legal name, mailing address and information about its directors and officers. The obligation to file an Annual Return is in addition to the existing corporate requirement to document and maintain certain corporate records in its minute book and to file any income tax returns with the Canada Revenue Agency (“CRA”). Failing to file the Annual Return for your corporation may result in fines, penalties or in certain cases, the dissolutions of your corporation.
Prior to October 19th, 2021, Annual Returns were filed with the CRA as a schedule to the corporation’s income tax return, but the process has since changed and CRA is no longer accepting Annual Returns on behalf of the Ministry. Instead, the filing of an Annual Return in Ontario can now be done through the new Ontario Business Registry. To do so:
- You can file the Annual Return for your corporation through the Ontario Business Registry yourself by visiting https://www.ontario.ca/page/ontario-business-registry#section-6. You must first register an account and provide an official email address for the Corporation. You should then receive a company “key” by regular mail delivered to the registered office address of the Corporation on file. The company key is required in order to complete the registration process. If you do not have a company key, you can use the same link provided above to request it from the Ontario Business Registry.
- You can reach out to your corporate counsel for assistance with the filings for a fee. Your corporate counsel will require your instructions and authorization to file for each corporation and for each applicable tax year.
If you need any assistance with the Annual Return filings for your corporation, please let us know, our team is happy to answer your questions and assist with filing the required Annual Returns.
* Please note that the information in this article is not intended as legal advice, but rather as a general overview on the subject. If you are seeking legal advice, please consult with a lawyer.
