Articles

CBA Members

Sales
Tax

CBA National Commodity Tax, Customs and Trade Section

CBA Commodity Tax, Customs and Trade Section articles are published under the banner Sales Tax. Members interested in posting articles are encouraged to send them to the Section’s editors.

Editors: Allan Gelkopf and Bhuvana Rai

Today
Today

A bare trust is not always a non-entity for ETA purposes

  • August 14, 2018
  • Robert G. Kreklewetz and Steven Raphael

A residential property is often the largest single purchase that an individual or family will ever make. To help defray some of the cost of Canadian home ownership, a new housing rebate is available under subsection 254(2) of the Excise Tax Act to enable those who qualify to obtain a rebate of GST/HST paid on the purchase of a new residential property.

Commodity Tax, Customs and Trade

2018 Quebec budget adds QST initiative for non-resident suppliers

  • June 25, 2018
  • Jean Marc Gagnon, Allan Gelkopf, Zvi Halpern-Shavim and Aideen Brennan

A team from Blakes looks at provisions in Quebec’s 2018 budget which will expand the scope of the province’s sales tax regime by requiring non-resident suppliers to collect and remit the QST under certain circumstance.

Commodity Tax, Customs and Trade

Origin verification process in CETA

  • May 30, 2018
  • Cyndee Todgham Cherniak

The Canada-EU Trade Agreement, which was provisionally implemented last fall, establishes a very different origin verification process than we’re used to under NAFTA. Cyndee Todgham-Cherniak takes us through the changes.

Commodity Tax, Customs and Trade

Modern rule of statutory interpretation applied in GST case

  • May 28, 2018
  • Robert G. Kreklewetz and Steven Raphael

In Canada, most financial services are exempt from tax under the Excise Tax Act. This means that financial institutions cannot charge GST/HST and cannot claim input tax credits to recover the GST/HST that they have paid to provide these exempt financial services.

Commodity Tax, Customs and Trade

2018 federal budget: Excise tax on cannabis

  • April 13, 2018
  • Zvi Halpern-Shavim

On Feb. 27, 2018, the Minister of Finance introduced Canada’s 2018 federal budget, which looks to implement the excise duty framework for cannabis that was proposed in November 2017. The duty will generally apply to all products available for legal purchase, which at the outset of legalization will include fresh and dried cannabis, cannabis oils, and seeds and seedlings for home cultivation.

Commodity Tax, Customs and Trade

Investment limited partnerships: Federal budget 2018

  • March 29, 2018
  • Alan Kenigsberg

On Feb. 27, 2018, the Liberal government’s third budget announced that the government would be going forward with amendments to the Excise Tax Act (Canada) that are intended to levy GST/HST on management and administrative services provided by a general partner to its investment limited partnership.

Commodity Tax, Customs and Trade

CRA releases new guidelines for GST voluntary disclosures

  • March 12, 2018
  • Alan Kenigsberg, Marlene Legare, D’Arcy Schieman, Blake Murray, and Alain Fournier

On December 13, 2017, the Canada Revenue Agency released a revised update of its memorandum on the GST/HST voluntary disclosures program. The new document, GST/HST Memorandum 16-5 Voluntary Disclosures Program, replaces a draft memorandum released June 16, 2017 that had attracted considerable criticism.

Commodity Tax, Customs and Trade

Unallocated consideration can be split between two supplies

  • December 01, 2017
  • John G. Bassindale and Robert G. Kreklewetz

In Club Intrawest (2017 FCA 151), the Federal Court of Appeal dealt with a complicated scenario that the Court thought had been overlooked by the architects of the Excise Tax Act.

Commodity Tax, Customs and Trade

NAFTA assessment checklist: Preparing your organization for NAFTA 2.0

  • November 07, 2017
  • Heather Innes

Rounds 2 and 3 of the NAFTA 2.0 negotiations have recently concluded. It is still too early to know what a NAFTA 2.0 will look like, or even which issues will make it into the final agreement. However, we are getting a better sense of each country’s priority issues and know that any of the proposed changes to NAFTA could significantly impact the way in which Canadian organizations do business.

Commodity Tax, Customs and Trade