Disclaimer: The headings in the following Commodity Clips publication link to the relevant government home pages. This new format prevents linking to government bulletins that change locations on government web sites after legislative announcements.
This is a bi-monthly publication of the PricewaterhouseCoopers Indirect Tax Group.
Sales Tax Harmonization - Ontario and British Columbia
Place of Supply Rules
On February 25, 2010, the Department of Finance announced major changes to the Harmonized Sales Tax (HST) place of supply rules and the Canada Revenue Agency (CRA) released GST/HST Technical Information Bulletin B-103 "Harmonized Sales Tax – Place of supply rules for determining whether a supply is made in a province." This publication replaces GST/HST Technical Information Bulletin B-078 "Place of Supply Rules under the HST."
The place of supply rules determine the province where a supply is made in order to establish which tax rate GST/HST registrants should charge on taxable supplies made in Canada. Effective May 1, 2010, registrants in all provinces will have to contend with the new place of supply rules and may be required to make substantial changes to their billing systems. In addition, supplies made after February 25, 2010, and before May 1, 2010, will be subject to these changes if the consideration for the supply becomes due and has not been paid before May 1, 2010.
Some of the key changes with respect to the place of supply rules reflect a move away from taxing based on the location of the supplier to taxing based on the location of the purchaser, i.e., the place of consumption. Significant changes were announced for the place of supply of intangible personal property.
Point-of-Sale Rebates
In February 2010, the CRA released the following GST/HST Info Sheets with respect to the various point-of-sale rebates available in Ontario and British Columbia for HST purposes, effective July 1, 2010. Each GST/HST Info Sheet explains who will be eligible for the rebate, the type of property or service qualifying for the rebate, how to claim the rebate, how registrant suppliers should show the rebate on their invoices and how registrant suppliers account for the rebate on their GST/HST returns.
Transition to Harmonized Sales Tax – Direct Sellers
In March 2010, the CRA released GI-069 Ontario and British Columbia: Transition to the Harmonized Sales Tax – Direct Sellers and Independent Sales Contractors. This info sheet explains whether the GST or the HST applies to sales of exclusive products made by direct sellers and independent sales contractors (ISCs) in Ontario and British Columbia during the period that includes July 1, 2010. It also explains the requirement for direct sellers and distributors to self-assess the provincial part of the HST on exclusive products that ISCs have in inventory on July 1, 2010, and certain exclusive products delivered to ISCs on or after July 1, 2010.
Transition to Harmonized Sales Tax – Goods
In March 2010, the CRA also released GI-070 Ontario and British Columbia: Transition to the Harmonized Sales Tax – Goods. This info sheet explains whether the GST or the HST applies to sales of goods, sales of combination of goods and services, sales of periodical publications by subscription and leases and licences of goods that are made during the period that includes the July 1, 2010 implementation date.
These info sheets reflect the proposed changes announced in the:
Temporary ITC Restrictions for Large Business
On February 19, 2010, the British Columbia Ministry of Finance released HST Notice # 4 – Temporary Recapture of Input Tax Credit Requirements, which deals with the recapture of input tax credits (ITCs) that relate to the British Columbia provincial portion of the HST. The rules announced by British Columbia are similar to those announced by Ontario on February 1, 2010.
The notice includes descriptions of:
For further information please see our Tax Memo: British Columbia Harmonized Sales Tax – Recapture of Input Tax Credits.
Energy Suppliers – British Columbia Residential Energy Credit Program
In February 2010, British Columbia Ministry of Finance released HST Notice 5 – Energy Suppliers – Residential Energy Credit Program for British Columbia Harmonized Sales Tax. The notice provides general information on the proposed Residential Energy Credit Program. The credit will provide relief from the 7% British Columbia component of the HST on purchases of residential energy paid or payable on, or after, May 1, 2010, for energy provided on, or after, July 1, 2010, including HST paid or payable on continuous supplies under the general transition rules.
Provincial Budget Highlights
British Columbia
On March 2, 2010, British Columbia Minister of Finance, the Honourable Colin Hansen, introduced the province's 2010 budget. As previously announced, a series of transitional rules will be implemented in connection with the transition to the HST on July 1, 2010. To prevent double taxation on goods and services that would otherwise be subject to both Social Service Tax (PST) and HST, PST refunds are being provided:
The Minister also clarified that effective July 1, 2010, the tax on the private sale of vehicles, boats and aircraft in B.C. is continued, but at a rate of 12% instead of the former rate of 7% under the PST regime.
The partial exemption for vehicles modified for wheelchairs or with auxiliary driving controls for person with disabilities is converted to a complete exemption.
Effective July 1, 2010, a provincially administered credit is provided for energy purchased for residential use, including electricity, natural gas, heating fuel, heat, steam, kerosene, propane, firewood and pellets.
Saskatchewan
On March 24, 2010, Saskatchewan's Minister of Finance, the Honourable Rod Gantefoer, presented the province's 2010 budget. Included in the budget was an increase in the tobacco tax rate on cigarettes and tobacco sticks by 2.7¢ to 21¢ each. The tax on cut/loose tobacco will increase to 21¢ per gram and cigars will increase to 100% of the retail price (subject to minimum and maximum amounts).
Manitoba
On March 23, 2010, Manitoba's Minister of Finance, Rosann Wowchuk, presented the province's 2010 budget. The budget states that Manitoba has declined invitations to harmonize its sales tax with the federal GST. It proposed the following retail sales tax (RST) changes:
Ontario
On March 25, 2010, Ontario's Minister of Finance, Dwight Duncan, presented the province's 2010 budget. The budget confirms that a federally administered harmonized sales tax (HST) will replace the retail sales tax (RST) on July 1, 2010 and proposes the following measures to ease the transition:
Retail Sales Tax on Insurance
Certain types of insurance will remain taxable under the Retail Sales Tax Act after June 30, 2010.
Vendor compensation
Vendors of taxable insurance will continue to be eligible for vendor compensation of up to $1,500 annually. For the transitional year of April 1, 2010, to March 31, 2011, vendor compensation will be:
Avoiding Double Taxation
To ensure that certain costs and fees, such as administration fees for benefit plans, will not be subject to both HST and RST, an RST exemption will be provided.
Land Transfers by Charities
Certain transfers of land by registered charities after March 25, 2010, will be exempt from the province's land transfer tax. Transfers of land from trustees to a non-share capital corporation, or from one non-share capital corporation to another will be exempt if:
This exemption will also apply for purposes of Toronto's land transfer tax.
Tobacco Tax
Tobacco retailers that do not hold a vendor's permit on June 30, 2010, must obtain a retail dealer's permit under the Tobacco Tax Act. They will longer be able to obtain a vendor's permit under the Retail Sales Tax Act.
Quebec
On March 30, 2010, The Minister of Finance, Raymond Bachand, delivered the 2010-2011 Quebec budget. Highlights of the budget include the following commodity tax measures:
Increase in the rate of the Quebec sales tax (QST) to 9.5% as of January 1, 2012
Rounded-off mathematical factors
Gradual Rise in the Fuel Tax
The regular rates of the fuel tax of 15.2¢ per litre of gasoline and 16.2¢ per litre of diesel fuel will be raised by 1¢ per litre per year until fiscal year 2013-2014. More specifically, these increases will apply on April 1 of each year from 2010 to 2013.
Newfoundland and Labrador
The March 29, 2010 budget of Newfoundland and Labrador includes increases in the tobacco tax on all wholesale and retail sales, effective 12:01 a.m. March 30, 2010. The rate goes from 18¢ to 19¢ per manufactured cigarette and from 30¢ to 32¢ per gram for fine-cut tobacco, which is about 1¢ per roll-your-own cigarette.
Goods and Services Tax/Harmonized Sales Tax (GST/HST)
Proposed Changes to the Definition of "Financial Services"
On December 14, 2009, the Department of Finance announced legislative proposals addressing recent court decisions respecting the scope of the definition of "financial service" in the Excise Tax Act. The scope of these changes was previously reported in Commodity Clips, Issue 1, 2010.
On February 15, 2010, the CRA released GST/HST Notice 250 – Proposed Changes to the Definition of Financial Service, which provides information on the proposed legislative amendments announced in the News Release and Backgrounder that the Department of Finance issued on December 14, 2009. The notice provides three examples of supplies to which the proposed amendment for "investment management services" applies and seven examples of supplies to which the proposed amendment for "facilitatory services and credit management services" applies.
The proposals specify that the following services are not financial services.
Many of the examples given by the CRA of taxable supplies came as a complete surprise to the financial sector, which is now grappling to deal with what has effectively been a retroactive application. All mutual fund commissions, certain finance commissions and a yet-to-be defined range of equity brokerage fees are affected by these proposed amendments. This issue has been receiving attention in the business press. For example, PricewaterhouseCoopers partner Mike Firth was quoted as saying: "what industry really needs is a clear response on the specific examples of (services) which the CRA has clearly declared are taxable effective December 14, 2009, ("Financial sector won't see GST hit, Ottawa says," The Globe and Mail, March 27, 2010, p B2).
Calculation of Net Tax for Charities
In March 2010, the CRA released GI-066 How a Charity Calculates the Net Tax to be Reported on its GST/HST Return. A charity that is a registrant is required to complete and file a GST/HST return by using either Form GST34, Goods and Services Tax/Harmonized Sales Tax (GST/HST) Return for Registrants, or Form GST62, which is the non-personalized version of Form GST34. The info sheet provides detailed information to assist with the net tax calculation.
Guidelines for Charities
In March 2010, the CRA released GI-067 Basic GST/HST Guidelines for Charities. This info sheet provides basic information on some of the most common issues relating to how the GST/HST applies to charities. This information is specific to organizations that are charities under the Excise Tax Act.
Guidelines for Public Institutions
In March 2010, the CRA released GI-068 Basic GST/HST Guidelines for Public Institutions. Similar to the March 2010 info sheet for charities, this info sheet provides basic information on some of the most common issues relating to how the GST/HST applies to organization that are public institutions, within the meaning of the Excise Tax Act.
British Columbia
Social Service Tax
Retailers of ENERGY STAR® Qualified Home Appliances
Notice 2010-006 – Notice to Retailers of ENERGY STAR® Qualified Home Appliances was released in March 2010. This notice is a reminder to retailers that the provincial sales tax (PST) exemption for ENERGY STAR® qualified residential refrigerators, freezers and clothes washers (including integrated clothes washer-dryer units), will end April 1, 2010. Specifically, the notice explains how the PST exemption for ENERGY STAR® qualified appliances applies to sales transactions that may overlap April 1, 2010. Whether or not a customer is entitled to the exemption may depend on when title passes, when delivery takes place and/or when payment is made.
Hotel Room Tax
Bulletin HRT 007 – Municipal and Regional District Tax, originally issued in October 1990, was revised in January 2010. The bulletin clarifies that municipal and regional district tax is a hotel room tax of up to 2% that applies in addition to the 8% hotel room tax charged on taxable accommodation. The revised bulletin adds the following participating municipalities, regions and eligible entities, effective March 1, 2010:
Saskatchewan
Provincial Sales Tax
Farm Implement and Farm Supply Dealers
Information Bulletin PST-16 – Information for Farm Implement and Farm Supply Dealers, originally issued in July 1985, was revised in March 2010. The revised bulletin explains the term "non-farmers" for the purpose of the exemptions applying to those persons. A "non-farmer" for Saskatchewan provincial sales tax (PST) purposes includes "custom harvesters, brush clearing contractors, crop sprayers, custom corral cleaners and irrigation contractors." The revised bulletin also includes the following items in the list of property that is exempt when sold to farmers:
The revised bulletin also includes the following items in the list of property that is taxable when sold to farmers;
PST Rulings
In March 2010, the Saskatchewan Minister of Finance, the Honourable Rod Gantefoer, released a document containing some of the PST rulings and interpretations made by the Revenue Division. The PST rulings are provided to help taxpayers understand and apply the PST. The document contains rulings and examples regarding the PST implications of 134 different supplies of property and services.
Ontario
Retail Sales Tax
Status Indians
Retail Sales Tax Tip – Retail Sales Tax and Status Indians, was released in February 2010. The tax tip describes the current retail sales tax (RST) exemptions for Status Indians, Indian bands and band councils. These exemptions will remain in effect until June 30, 2010.
Customs
Canada
Temporary Importation
Memorandum D8-1-1 – Amendments to Temporary Importation (Tariff Item No. 9993.00.00) Regulations, originally issued April 3, 2007, was updated on January 22, 2010. This memorandum outlines the conditions under which goods may qualify for duty-free entry under tariff item No. 9993.00.00 and identifies circumstances in which temporarily imported goods are entitled to full or partial relief of the goods and services tax/harmonized sales tax (GST/HST). Specifically, Appendices A and B of Memorandum D8-1-1, Amendments to Temporary Importation (Tariff Item No. 9993.00.00) Regulations, dated September 29, 2009, have been updated as follows:
Tariff Rate Quotas
Memorandum D10-18-1 – Tariff Rate Quotas (TRQ), originally issued May 4, 1998, was updated January 28, 2010, to reflect changes to the role of the Canada Border Services Agency (CBSA) in administering the provisions of the Tariff Rate Quotas (TRQ). Terminology has been updated to reflect changes in the CBSA's organizational structure. Updated and new information regarding how to obtain a permit, contact information, administration of First-Come First-Served Quota, permit validity and how to obtain a ruling have been added to the memorandum in paragraphs 10, 13-15, 24 and 33 respectively. Updated and new information regarding agricultural goods that are subject to TRQ in the Import Control List (ICL) has been added to the memorandum in the appendix. Paragraph 26 of the memorandum contains updated and new information regarding the temporary storage into a customs bonded warehouse of imported beef and veal from a non-NAFTA country.
Importation of Goods Contaminated with Soil
Customs Notice CN10-001 – Strengthening of the Canada Border Services Agency's Procedure Respecting the Importation of Goods Contaminated with Soil, was issued on February 2, 2010. This notice announces that the CBSA will be strengthening its commercial importation process respecting goods contaminated with soil. Goods contaminated with soil are not admissible into Canada. The Canadian Food Inspection Agency (CFIA) is responsible for establishing the policy regarding the importation of goods contaminated with soil and the CBSA is responsible for administering and enforcing that policy to the extent it applies at the border. Effective, February 1, 2011, non-compliant goods, i.e., goods contaminated with soil, that arrive at the Canadian border will be restricted to a CBSA-controlled area and may be cleaned on-site by a mobile wash facility approved by the CFIA, provided certain conditions can be met.
Ozone-Depleting Substances and Products
Memorandum D19-7-2 – Requirements Concerning the Importation and Exportation of Ozone-Depleting Substance and Products, was updated on February 10, 2010, replacing the previous version dated April 16, 1997. This memorandum reflects the Ozone-depleting Substances Regulations, 1998, and outlines procedures for the importation and exportation of ozone-depleting substances.
Release Prior to Payment Privilege
Memorandum D17-1-8 – Release Prior to Payment Privilege, was revised February 16, 2010, and replaces the previous version dated May 16, 2002. The revisions are intended to eliminate obsolete and duplicated requirements, streamline certain commercial processes and modify complex policies and forms. In addition, the following sections have been expanded for further clarification of the subjects:
Canada-European Free Trade Association (CEFTA)
Memorandum D11-5-7 – Canada-European Free Trade Association Free Trade Agreement (CEFTA) Rules of Origin, issued March 12, 2010, contains the CEFTA Rules of Origin Regulations.
Canada-Peru Free Trade Agreement (CPFTA)
Memorandum D11-5-8 – Canada-Peru Free Trade Agreement (CPFTA) Rules of Origin, released March 12, 2010, contains the CPFTA Rules of Origin Regulations.
NAFTA Rules of Origin
Memorandum D11-5-1 – NAFTA Rules of Origin, originally issued April 16, 2003, was revised March 19, 2010, to reflect recent amendments to the NAFTA Rules of Origin Regulations. These Regulations, amending the NAFTA Rules of Origin Regulations as a result of the modifications to the Harmonized Commodity Description and Coding System, came into force on September 1, 2009.
NAFTA – Specific Rules of Origin
Memorandum D11-5-2, originally issued December 20, 2006, was revised March 19, 2010. Changes to the numbering of headings, subheadings or tariff items to reflect modifications to the Harmonized System are technical in nature and do not affect the origin of goods. The changes to reflect the liberalization of the rules of origin are intended to ease the origin requirements for herbs and spices, petroleum, leather, certain textiles and apparel, aluminium, diesel engines, gas turbines and parts, valves, electric transformers, primary cells and batteries, telephonics, televisions, locomotives and parts, medical appliances and parts, and other instruments.
Notice of Ways and Means Motion to Amend the Customs Tariff
The Department of Finance published the Notice of Ways and Means Motion to Amend the Customs Tariff. Measures in the 2010 budget will implement a second phase of tariff relief by eliminating all remaining tariffs on manufacturing inputs and machinery and equipment. The majority of these 1,541 tariffs are eliminated as of March 5, 2010, with the remainder being gradually eliminated by January 1, 2015. When the second phase of tariff relief is fully implemented, more than $5 billion in imports will be liberalized, providing an additional $300 million in annual duty savings for Canadian business.
European Union VAT
Council Agrees Text of New Invoicing Directive
The EU Council has agreed a "general approach" on the text of the new Invoicing Directive, which is due to take effect from January 1, 2013. The European Parliament will now be invited to deliver its opinion on the proposals. The principal aims of the new Directive are to:
The proposal for a new Directive resulted from a study carried out for the European Commission by PricewaterhouseCoopers. The study examined the four principal areas of invoicing:
with a view to mapping the existing legislation in all Member States, analysing burdens on business and Member States' control needs, and providing recommendations for a more harmonized and modern set of VAT invoicing rules.