Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



The New Harmonized Value-Added Tax System Regulations Contain a Surprise - An Anti-Avoidance Rule

The June 9, 2010 Canada Gazette (Part II,  Vol 144, No. 12) contained the New Harmonized Value-Added Tax System Regulations SOR/2010-117. Part 2 (section 34-37 contain the HST anti-avoidance rules.  These rules are in...

The HST Deadline is Fast Approaching

I enjoy reading Seth Godin's blog - www.sethgodin.com/sg/.  I had to share today's post since the deadline for HST readiness/preparedness is only 24 days away. Goods and services tax (GST)-registered businesses must...

The HST Place of Supply Rules and More Are Now in a Promulgated Regulation

In the June 9, 2010 Canada Gazette, the final HST place of supply regulations are published as SOR/2010-117 - now called "New Harmonized Value-added Tax System Regulations". Please go to the following link -...

The HST is Coming, The HST is Coming

Kevin Marron has written a helpful article about harmonized sales tax in "The Canadian Lawyer" magazine entitled "The HST is Coming, The HST is Coming" - go to...

HST Place of Supply Rules for Litigators and Those Who Provide Litigation Services (Revised)

The harmonized sales tax (HST) place of supply rules include a specific rules for "services rendered in connection with litigation". These rules apply to lawyers, process servers, transcription service providers, those who...

Canada's Department of Finance Releases Draft Regulations Re HST Place of Supply Rules

On April 30, 2010, Canada's Department of Finance released "Draft Regulations in respect of the Place of Supply Rules of Property and Services. To obtain a copy, please go to the following link -...

Canada Border Services Agency Updates AMPS D-Memo

On April 21, 2010, the Canada Border Services Agency issued revised D-Memo 22-1-1 "Administrative Monetary Penalty System". This D-Memo supersedes the June 16, 2003 version. To read a copy of the revised D-Memo, please go to the...

What is a "Service" for GST/HST Purposes?

The harmonized sales tax (HST) transition rules and HST place of supply rules set out general and specific rules for tangible personal property, real property, intangible property and services.  What is important and...

Canada Border Services Agency Issues Revised D-Memo on Imported Cars

During the month of April 2010, I have received many calls from Canadians whose new cars (purchased in the United States) have been seized by the Canada Border Services Agency (CBSA) upon return to Canada. With the Canadian...

Canada Border Services Agency Issues Revised D-Memo on Tariff Classification Rulings

On April 23, 2010, the Canada Border Services Agency (CBSA) reissued D-Memo 11-11-3 "Advance Rulings for Tariff Classifications". Please go to the following link for a copy of the revised D-memo -...

Canaa's CITT Helps Shine Light on What To Do If Disagree With Advance Tariff Classification Ruling of CBSA

On April 16, 2010, the Canadian International Trade Tribunal (CITT) issued a decision in the Globe Electric Company Inc. case (AP-2008-022). The decision itself is not particularly earth-shattering. It relates to a...

British Columbia Starts Process to Pass HST Legislation

On March 30, 2010, the Government of British Columbia tabled Bill 9 - 2010, which is legislation to implement harmonized sales tax (HST) into B.C. law and wind down the British Columbia social services tax (BCSST) and hotel room...

The GST Changes Re "Financial Services" Are in Bill C-9

This is an unusual post for us - Bill C-9, "The Jobs and Economic Growth Act", which puts into legislation the Notice of Ways and Means Motion tabled with the 2010 Budget DOES INCLUDE THE CONTROVERSIAL CHANGES TO THE DEFINITION...

HST Place of Supply Rules for Lawyers and Those Who Provide Litigation Services

The HST place of supply rules include a specific rules for "services rendered in connection with litigation". This rule applies to lawyers, process servers, transcription service providers, those who provide expert opinions in...

Canada Border Services Agency Concludes Reinvestigation in Certain Fasteners AD/CDV Case

On March 24, 2010, the Canada Border Services Agency (CBSA) concluded its reinvestigation of normal values and export prices relating to certain carbon steel screws from China and Chinese Taipei (Taiwan). The reinvestigation was...

HST Place of Supply Rules for Services - Application of HST is Based on the Recipient's Address

Harmonized Sales Tax (“HST") will become a reality in Ontario and British Columbia on July 1, 2010. Notwithstanding, some businesses will be required to start collecting HST on May 1, 2010.

Businesses in the HST Zone (HST Zone...