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Alas! In E-Commerce Taxland

In trying to comply with tax laws for It is true that it is easier for Canada
your e-business, to assess
you may find yourself falling down the such items at the border than in
rabbit-hole, cyberspace, but
going through the looking glass, and I know of no cases of Americans being
attending a Mad taxed on
Tea-Party.Common sense, logic, and the books or cars they bring with them
fairness never did apply when they
fully to the field of taxation but this come to live in Canada for about half
is especially the year.As a Canadian registrant, one
true of e-commerce transactions.1. way you might legally
Canada Customs Welcomes You to avoid this silly March Hare is to
Canada!Since I`m located in Canada, let`s explicitly state on
start here.Canada has what you might call your website and invoice that use of
a national sales tax such intangible
or a value added tax (VAT). This Goods personal property in Canada is
and Services prohibited (or
Tax (G.S.T.) of seven percent is requires an additional fee and the
applicable to many payment of G.S.T.).3. When Imports
Canadian transactions.Not only is it Aren`t ImportsGoods shipped to Canada are
critical to determine whether a taxable subject to G.S.T. on
sale was made in Canada or not, but also importation. Such tax is often assessed
where in at the border.
Canada. If it was made (or deemed to be But what if you are a Canadian
made) in any registered for G.S.T.,
of the Harmonized Sales Tax (H.S.T.) selling to a Canadian customer but your
provinces (Nova supplier is in
Scotia, New Brunswick, and Newfoundland a foreign country?Pretend that your
and Labrador), Canadian customer has bought a book
a higher, fifteen percent H.S.T. rate from you from your Canadian website.
applies. This Your drop ship
is because those provinces have allowed supplier is located in the United States
Canada to and is
collect their provincial sales taxes for registered for G.S.T. You fax your
them.As well, each province and territory order to the
has its own American company, and they, in turn,
rules. Ontario charges eight percent ship the book for
retail sales tax you (complete with Customs Declaration
on many typical Internet transactions and their G.S.T.
whereas Alberta Business Number).Since they paid the
has no provincial sales tax.Of course, G.S.T., you wouldn`t think you
this is only scatching the surface. This would have to charge it again, would
entire article is an over-simplification you? "Wrong!",
of a very smiles the Cheshire cat. Since you are
complex subject. You will definitely a registrant
need located in Canada, you are required to
professional advice to help you through charge and
E-Commerce remit the G.S.T.But you are entitled to
Taxland.2. When Exports Aren`t input tax credits, aren`t you?
ExportsIn Canada, exports are In many cases, the answer is "No".It may
"zero-rated" sales for G.S.T. be very difficult for you to satisfy the
purposes. This means that when you ship documentary and other technical
a product to requirements. As an
someone outside Canada, you don`t charge example, it is not uncommon for American
G.S.T. Yet, suppliers to
you get to claim (or deduct from the absolutely refuse to give an invoice
G.S.T. collected breaking down the
by you) all the "input tax credits" G.S.T. or to allow you to be the
(G.S.T. that you Importer of Record.
paid for business purposes) to make that This complicates their life
export. The unnecessarily and they
idea, I suppose, is to encourage just don`t need the aggravation.There
exporting.However, if you export products are relieving tax provisions covering
other than tangible, drop
physical goods, beware! There are many shipping, sales agencies, and other
pitfalls to situations. In
watch out for.As one example, consider many cases, unfortunately, the most
digitized products that you practical solution
might sell from your Canadian website, is to allow the tax to be paid twice.4.
such as When You`re Subject to Tax Where You`re
e-books, downloadable software, or Not
subscriptions to Subject to TaxIt makes sense that
content. You would be considered to be countries impose a tax on sales and
selling income made in their own jurisdiction.
"intangible personal property". Unless But does it make
your product sense for Germany to tax sales made in
is also considered "intellectual the United
property" (such as States?In effect, starting July 1, 2003,
software or e-books that you produced or the European Union
have obtained has done just that by imposing an online
the rights for), you will have to charge sales tax.This means that if someone from
G.S.T. The England buys an e-book
reason why, according to the Canada from someone in the United States, the
Customs and Revenue American should
Agency, is that it COULD be used inside submit this tax. Of course, If the sale
Canada, even if was to someone
it isn`t.Say you sold a membership for in Germany, the tax rate would be
accessing digitized different.The rationale behind this
content (from various sources) on your follows: Since countries
Canadian can`t collect sales tax on Internet
website to a customer in the United transactions at
States. Since their borders, the only way they can
there are no restrictions as to where collect it (other
the intangible than a self-assessment system) is with
personal property may be used, and the an online sales
property is tax. Further, it is claimed that
not considered intellectual property businesses in the
(nor the European Union suffer a major
provision of a service), the American competitive disadvantage
customer is because they have to collect Value Added
subject to G.S.T., even if he never Tax (VAT) but
comes to others don`t.I know what they mean.
Canada.Strangely, the same logic doesn`t Welcome to the club!J. Stephen Pope,
apply when an President of Pope Consulting Inc.,
American buys a regular book (or a car) has been helping
which he clients to earn maximum business profits
COULD bring into Canada with him and use for over
here. twenty years.




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