Tax & Trade Blog

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NEW GST VOLUNTARY DISCLOSURE GUIDELINES!

UPDATED CRA VD PROGRAM GUIDELINES NOW IN EFFECT

On September 9, 2025, the Canada Revenue Agency (“CRA”) released GST/HST Memorandum 16-5-1 introducing major changes to its Voluntary Disclosure Program (“VDP”) in GST/HST matters (the “GST/HST VDP”), alongside IC00-1R7 – Voluntary Disclosure Programwhich outlines equally meaningful revisions to the income tax VDP.

This is the first update to the VDP since 2018 (which we wrote about back then here), and the changes appear aimed at encouraging more taxpayers to come forward and correct errors or omissions in their tax affairs (perhaps a result of less than anticipated take-up of the VDP program in recent years).  The new rules took effect Oct 1, 2025.

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LONG-ARM OF CRA COLLECTIONS

CRA FOLLOWS HUSBAND'S TAX DEBT TO WIFE

As we have blogged here and here, the CRA has “third-party” transfer powers that allow it to follow a taxpayer’s GST or income tax debts to relatives where it can demonstrate that money or assets have been diverted to those relatives, for less than fair market value. 

A better alternative would be dealing with one's tax debts during one's lifetime, and using the CRA’s newly revamped Voluntary Disclosure Program to help settle one’s tax affairs finally and effectively.

The Tax Court of Canada's (“TCC”) recent decision Ballantyne v. The King (2025 TCC 127) underscores the mess that can be created for a spouse or children if tax debts remain unaddressed.

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GST 101: CARRYING ON A BUSINESS IN CANADA

GST REGISTRATION RULES FOR NON-RESIDENTS OF CANADA

This Report is another in our series of GST 101 Series Reports.  Each Report in this series focusses on an aspect of GST/HST that is part of the "building blocks" of the system.

In this Report, we focus on the “carrying on business in Canada” requirement, which is particularly relevant for determining the GST/HST Registration requirements for non-residents of Canada. 

Background on GST Registration for Non-Residents

In general, non-residents who carries on business in Canada may have to register for GST/HST if the non-resident makes a taxable supply in Canada (provided that other certain requirements are met), pursuant to ETA 240(1).

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NEWFOUNDLAND SUGAR TAX UPDATE

PROVINCE AMENDS REGULATIONS EFFECTIVELY ELIMINATING SSBT

We have previously blogged about the enactment of Newfoundland and Labrador’s (“Newfoundland”) Sugar Sweetened Beverage Tax (“SSBT”) in late 2022 here, and provided an update on the SSBT’s interaction with the collection of GST/HST here.  In just a period of three years, Newfoundland has switched course and recently chosen to effectively eliminate the SSBT through an amendment to the Revenue Administration Regulations (the “Regulations”).

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DIRECTOR'S LIABILITY FOR HOME BUILDERS

 CRA TARGETS CORPORATE DIRECTORS

As we have blogged about here and here, the CRA continues to assess home builders, renovators and others in the residential real estate industry on the basis that their activities may constitute a business subject to GST/HST.

A recent Tax Court of Canada (“TCC”) decision in Ayoub v. the King, 2025 TCC 48 illustrates both the complexity of these rules and the risk that corporate directors can be held personally liable for unremitted GST/HST – even when the corporation is the builder!