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:
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.
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.
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).
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.
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:
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.
Views: 15
Tags: British Columbia, Business, Canada, Goods and Services Tax, HST, Harmonized Sales Tax, Ontario, Sales tax
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