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As we wrote about previously, on May 27, 2023 the Canada Border Services Agency (the “CBSA”) proposed amendments to close what they termed “loopholes” allowing certain importers to use a lower value for duty (“VFD”) than what CBSA thought was appropriate. 

The draft changes to Canada’s Valuation for Duty Regulations (the “Regulations”) generated significant feedback from interested parties, but over one year later importers are left wondering about the status of the proposed amendments.

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One thing that usually goes undiscussed when contemplating appeals to the Tax Court of Canada (“TCC”) is what happens if a taxpayer loses.

One thing that CAN happen is a “costs award” against the taxpayer, which is where a TCC judge orders the taxpayer to pay a portion of the Department of Justice (“DOJ”) costs in defending the appeal – which puts a significant premium on understanding one’s “chances of success” BEFORE filing the appeal!

Unexpected Costs

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As we have previously written about here, the CRA has been modernizing its electronic services.  As part of these changes, the CRA has updated the GST/HST e-filing returns to require additional lines of detail.  Businesses e-filing their GST/HST returns need to understand this new change and complete their GST/HST e-filing returns properly!

As of May 13, 2024, registrants e-filing their GST/HST returns have been encountering the new forms, and the CRA reminded registrants of the change in its Excise GST/HST News – No. 117

Those who previously filed paper returns will immediately recognize these additional details as lines from the paper returns which have now been migrated over to the e-filing system.

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On September 13, 2024, the Canada Border Services Agency (“CBSA”) released a notice of its preliminary determination of dumping in respect of certain concrete reinforcing bar from Bulgaria, Thailand and the UAE (the “Subject Goods”).

Provisional duties are now imposed on imports of the Subject Goods released from the CBSA on or after September 13, 2024!

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"Reverse and rebill" situations are very common in the Oil, Gas and Petrochem industry, especially in situations where goods are delivered in one reporting period but invoiced (or reversed and rebilled) in another reporting period because of formula-based pricing. There are a number of other situations where it is also necessary to "true-up" commercial invoice previously issued, and the GST/HST reporting and remittance requirements in these situations are counterintuitive.

Unwary businesses often face subsequent CRA assessments for taxes not collected, with the CRA taking the position that taxes were required to be collected on the issuance of both invoices unless proper credit note steps are taken.

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With the new Canadian fuel charge provided for in the Greenhouse Gas Pollution Pricing Act (the “GGPPA”), many Canadian and non-resident oil and gas companies doing business in Canada with fossil fuel products have now successfully registered. 

Now comes the unexpectedly difficult part: monthly reporting.

General Reporting Requirement

In general, the GGPPA imposes timely reporting requirements including monthly returns for most businesses that are not “road carriers”.  Most returns are due the last day of the calendar month (1) following a registrant’s reporting period OR (2) following the reporting period in which a charge became payable for non-registrants.

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As we have blogged about here and here, the CRA is after a whole swath of residential homeowners who are finding themselves being taxed on the sale of their new or used residential properties, after substantially renovating them.

A recent decision of the Tax Court of Canada (“TCC”) in Bryan v. The King, 2024 TCC 108 highlights the problems that homeowners face when going into these ventures with possible “dual motivations”. 

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On September 9, 2024, the Canadian International Trade Tribunal (the “CITT”) issued a notice that it was beginning an expiry review in respect of certain Structural Tubing (also called Hollow Structural Sections) originating in or exported from the Republic of Korea and the Republic of Türkiye (the “Subject Goods”).  On September 10, 2024, the Canada Border Services Agency (the “CBSA”) similarly gave notice of the initiation of their parallel expiry review investigation.

More details on the technical definition of the Subject Goods can be found here.

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As a firm specializing in International Trade and related regulatory issues, we have noticed a marked increase in recent inquiries regarding the new regulatory requirements for Nicotine Pouches.  This uptick coincides with Health Canada’s recent announcement effectively restricting the sale of Nicotine Replacement Therapies (“NRTs”), including Nicotine Pouches, to pharmacies – and the need to understand how comprehensive these apply to current business, and what options there are for moving forward.

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As we have blogged here and here, dealing with and appealing Director’s Liability Assessments for GST/HST purposes or source withholding purposes on the Income Tax side is generally an uphill battle. 

The Tax Court’s recent decision in Donaldson v. The King (2022 TCC 159) underscores that a corporation dealing with business down-turns by holding off on paying the CRA its required remittances is a losing strategy!

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A T4A slip is an essential Canadian tax form that businesses must issue to contractors and other self-employed individuals when payments are made for services rendered within Canada.

For Direct Selling businesses, properly issuing T4A slips and understanding withholding requirements are crucial for ensuring smooth, efficient operations and compliance with the Canada Revenue Agency (“CRA”).

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On August 26, 2024, the Canadian government announced a series of new measures to support Canadian workers in an effort to enhance the country’s  electrical vehicle (“EV”) industry in domestic, North American, and global markets. 

This follows a 30 day consultation period in July addressing allegedly unfair Chinese EV trade practices, as we previously reported here, and the imposition of similar trade remedies by the EU and the US.

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Since the GST was first implemented in 1991, a continual source of misconception has been that the GST represents a single tax.  In fact, there are potentially four different applications of the GST – i.e., reflected in Divisions II through IV.1 of the Excise Tax Act (“ETA”). When combined with the provincial HST component, further permutations can occur.

A major source of work (because of mistakes made by Canadian residents and non-residents alike) has been the application of Divisions II and III of the ETA, which are reviewed here, and which can quite counterintuitively result in the application of both a 5% GST and up-to a 15% GST/HST on one single supply of goods.  Effectively, tax applying twice on a single transaction!

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As we wrote in a previous blog post, the federal government amended subsections 256.2(3.1) and (3.2) of the Excise Tax Act (the “ETA”) to introduce an enhanced GST/HST residential rental property rebate applicable to new purpose-built rentals (the “Enhanced Rebate”), which took effect on September 14, 2023.

On July 17, 2024, the Real Property (GST/HST) Regulations (the “Regulations”) were published in the Canada Gazette, providing guidance on the implementation of the Enhanced Rebate, including the prescribed conditions and definitions of eligible properties.

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Bill C-69, which received Royal Assent on June 20, 2024, contains various amendments to implement the federal government’s 2024 Budget.  In this blog, we discuss a small but important amendment:  supplies of certain face masks, respirators and face shields are no longer classified as zero-rated supplies!

Background – Zero-Rated Supplies

Section 165 of the Excise Tax Act (the “ETA”) generally imposes the GST/HST on recipients of taxable supplies made in Canada.  Zero-rated supplies are a subset of taxable supplies which are taxed at the rate of 0%.  Common examples of zero-rated supplies include basic groceries, prescription medications, and some medical devices.

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As we have previously reported on here and here, Canada has continued to expand its economic sanctions on Russian nationals, following Russia’s invasion of Ukraine, targeting individuals and entities believed to be linked to the Russian regime.

Canada’s sanctions have been primarily imposed under the Special Economic Measures (Russia) Regulations (the “Russia Regulations”), the Special Economic Measure Act (“SEMA”), and through other similar regulations targeting persons in Belarus, Ukraine and most recently Moldova.  In total these sanctions include asset freezes and financial prohibitions, and even apply to certain listed persons set out in the Schedules within the regulations.  These lists change frequently, are hard to get off of, and have impacted more than 2,900 individuals and entities.

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The CBSA has historically requested password information from travelers in order to search their smartphones, personal computers and tablets, on the basis that these devices are searchable like all other “goods” coming into Canada.

The Ontario Court of Appeal in The King v. Pike (2024 ONCA 608) has determined, however, that the CBSA’s routine searches of such electronic devices is contrary to the Charter of Rights and Freedoms (the “Charter”) and is unconstitutional!

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On July 18, 2024, the Canada Border Services Agency (“CBSA”) issued a Notice of Conclusion of its investigation in the ongoing Expiry Review of certain Carbon Steel Welded Pipe 1 (“CSWP-1”) originating in or exported from the People’s Republic of China (the “Subject Goods”).  

The CBSA determined that the expiry of the Canadian International Trade Tribunal’s (“CITT”) order dated March 28, 2019, in Expiry Review No. RR-2018-001 is likely to result in the continuation or resumption of (i) dumping of the Subject Goods and (ii) subsidizing of the Subject Goods.

More detail, including a full definition of the Subject Goods can be found in the Statement of Reasons for the determination.

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Over the past several years, the Canada Revenue Agency (the “CRA”) has been in the midst of a digital service transformation.  Like the CBSA’s “CARM” project, which we previously discussed here, this initiative appears to be a response to the Canadian government’s “digital first” policy, which aims to build digital delivery into government operations and services.

While the CRA now provides Notices of Assessment electronically through online portals including “My Account” and “My Business Account”, access to such documents remains difficult for many, especially non-Canadian residents who may be unfamiliar with the Canadian tax system.

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On August 12, 2024, the Canadian International Trade Tribunal (the “CITT”) issued a notice that it was beginning an expiry review in respect of certain Circular Copper Tube originating in or exported from the Federative Republic of Brazil, the Hellenic Republic (Greece), the People’s Republic of China, the Republic of Korea and the United Mexican States (Mexico) (the “Subject Goods”).  On August 13, 2024, the Canada Border Services Agency (the “CBSA”) similarly gave notice of the initiation of their parallel expiry review investigation.

More details on the technical definition of the Subject Goods can be found here.

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