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The coming HST in Ontario and British Columbia for Canadian Xero Users

Just wanted to get a dialogue going about the upcoming Harmonized Sales tax (HST) coming July 1, 2010 for Xero users in Canada. In particular, it applies to the provinces of Ontario and British Columbia. My sense is that to accommodate this change in Xero, all that needs to happen is to create another tax item at 13%. The real concern for small business users here is understanding and applying the transition rules to your particular business type.

Here a brief synopsis from the Ontario Ministry of Revenue site:

Transitional rules are required to determine which tax — the existing RST or the Ontario component of the HST — would apply to transactions that straddle the July 1, 2010 implementation date for the HST.

The transitional rules would operate on the basis of the following dates:

  • July 1, 2010 — Implementation date for the HST.
    • May 1, 2010 — The HST would generally apply to consideration that becomes due, or is paid without having become due, on or after this date for property and
      services provided on or after July 1, 2010.
    • October 14, 2009 — The release date of this Notice. The HST would not apply to consideration that becomes due, or is paid without having become due, on or before October 14, 2009. Certain businesses
      and public service bodies may be required to self-assess the Ontario
      component of the HST
      on consideration that becomes due, or is paid without having become
      due, after October 14, 2009 and before May 2010 for property and
      services provided on or after July 1, 2010.
  • October 31, 2010 — This is the date on which any outstanding RST would become payable under the transitional rules to facilitate the efficient wind-down of the RST.

If you are using Xero and in the service type business, this may apply to your business:

Services

This section describes the general transitional rules for supplies of services, as well as specific transitional rules for funeral and cemetery services, passenger transportation services
and freight transportation services.

General Rules

The HST would generally apply to a supply of a service to the extent that the service is performed on or after July 1, 2010. The HST would generally not apply, however, to a supply of a service if all or substantially all (90 per cent or more) of the service is performed
before July 2010.

Consideration due or paid on or after July 1, 2010

The HST would generally apply to consideration that becomes due, or is paid without having become due, on or after July 1, 2010 for a supply of a
service, to the extent that the consideration is for the part of the
service that is performed on or after July 1, 2010.

Example 5: A person hires a consulting firm to perform a service during the summer of 2010 but is not invoiced, and does not pay, for the service
until August 2010. One-third of the service is performed in each of the
months of June, July and August 2010. The HST
would apply to the consideration that is for the part of the service
performed in July and August (i.e., two-thirds of the consideration).

Consideration due or paid on or after May 1, 2010 and before July 2010

The HST would generally apply to consideration that becomes due, or is paid without having become due, on or after May 1, 2010 and before July 2010
for a supply of a service to the extent that the consideration is for
the part of the service that is performed on or after July 1, 2010.

In such circumstances, the supplier would be required to account for the Ontario component of the HST in the GST/HST reporting period of the supplier that includes July 1, 2010. The recipient of the supply would be able to claim any available input tax
credits with respect to the Ontario component of the HST in the GST/HST reporting period of the recipient that includes July 1, 2010.

Example 6: In May 2010, a person pays for seasonal yard maintenance service, 50 per cent of which will be performed after June 2010. The HST
would apply to 50 per cent of the consideration for that service and
the supplier would account for the Ontario component of the HST in the GST/HST reporting period of the supplier that includes July 1, 2010.

Consideration due or paid after October 14, 2009 and before May 2010

Persons who are not consumers — such as businesses and public service bodies — may be required to self-assess the Ontario component of the HST
on consideration that becomes due, or is paid without having become
due, after October 14, 2009 and before May 2010 for a supply of a
service, to the extent that the consideration is for the part of the
service that is performed on or after July 1, 2010.

The requirement to self-assess in these circumstances would generally apply only to:

  • non-consumers acquiring the service for consumption, use or supply otherwise than exclusively in the course of their commercial activities (e.g., a
    business, such as a financial institution, that is acquiring the
    service to make GST/HST-exempt supplies);
  • non-consumers acquiring the service for consumption, use or supply exclusively in the course of their commercial activities but in circumstances where the
    service would be subject to an input tax credit restriction or
    recapture (e.g., certain entertainment expenses subject to the 50 per
    cent input tax credit recapture rules in the ETA);
  • non-consumers that use simplified procedures available under the ETA for calculating their net tax (e.g., certain charities, public service bodies and small businesses); and
  • selected listed financial institutions, which use a special attribution method in determining their net tax.

A person who is required to self-assess in these circumstances would be required to account for the tax either: (i) in the GST/HST return of the person for the reporting period that includes July 1, 2010, if the due date for that return is before November 2010,
or (ii) in any other case, in prescribed form and before November 2010.

Example 7: In December 2009, a company making both taxable and exempt supplies is invoiced for a supply of a janitorial service, part of which will be
performed after June 2010. The company must self-assess the Ontario
component of the HST
on the consideration that is for the part of the service to be
performed after June 2010. The company could claim any available input
tax credits with respect to that tax in the reporting period of the
company that includes July 1, 2010.



Feel free to comment and/or ask questions about how the HST will affect your business. I will be updating this post periodically to include issues that affect certain types of businesses.


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Tags: British Columbia, Business, Canada, Goods and Services Tax, HST, Harmonized Sales Tax, Ontario, Sales tax

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Comment by Earl Rudolfo on June 5, 2010 at 15:45
Quick HST Guide - What's taxable and What's Not - http://www.rev.gov.on.ca/en/taxchange/pdf/taxable.pdf
Comment by Earl Rudolfo on April 30, 2010 at 1:21
Just a brief reminder for Canadian small businesses using Xero that the HST transitional rules may begin to impact your business as early as May 1, 2010. Are you ready? Have you created a 13 % tax rate for Ontario businesses or a 12% rate for BC businesses? There may be instances where you have to split the service item on an invoice to accommodate the old GST rate at 5 % and the new HST rate at 13 or 12 %. Alternatively, you can create separate invoices.

For example, these scenarios may apply:

Sale of Tangible Goods
Generally, HST will apply to the sale of goods where the goods are delivered and ownership is transferred to the purchaser on or after July 1, 2010.
HST will apply to payments that become due or are prepaid on or after May 1, 2010 and before July 2010, where goods are delivered and ownership is transferred on or after July 1, 2010.
However, HST will not apply to payments made before July 1, 2010 for subscriptions to newspapers, magazines or other periodical publications.

Services
Generally, HST will apply to services performed on or after July 1, 2010. Where, however, all or substantially all (90% or more) of the service is performed before July 1, 2010 HST will not apply.
HST will apply to payments that become due or are prepaid on or after May 1, 2010 and before July 2010, for services to be performed on or after July 1, 2010.
Membership dues (other than lifetime memberships) and admissions to a place of amusement follow the same rules as services.
Despite the general rules, passenger transportation services would not be subject to HST for round-trip continuous journeys that straddle July 1, 2010. In addition, HST would not apply for freight transportation services where the service is part of a continuous freight movement that straddles July 1, 2010.

Licences and Leases
Generally, HST will apply to leases, licences or similar arrangements for the portion of a lease interval that begins after July 1, 2010. The HST will not apply to a lease payment that pertains to a lease interval that begins before July 2010 and ends before July 31, 2010.
HST will apply to payments that become due or are prepaid on or after May 1, 2010 and before July 2010, for the supply of a lease or licence to the extent they are for a lease interval that occurs on or after July 1, 2010 (unless the lease interval begins before July 2010 and ends before July 31, 2010).
Comment by Earl Rudolfo on April 19, 2010 at 18:19
On Saturday May 1st, HST changes will begin to take effect in the provinces of Ontario and British Columbia. Here's a HST checklist that other Canucks may find useful - http://www.cfib-fcei.ca/cfib-documents/DIN0739.pdf

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