Another change effective July 1, 2021, is the application of GST/HST to most taxable sales of goods occurring through distribution platforms — those by resident and non-resident vendors.
Previously, although applicable duties and taxes were levied at the border on the value of the goods upon import, GST/HST wasn’t consistently charged on the final price paid for goods subsequently sold to Canadians through Canadian-based distribution platforms or fulfillment warehouses. According to the CRA, “This means that the difference between the value at the time of importation and the final price paid escapes the GST/HST.”
Although such goods are in Canada at the time of sale, neither the non-resident vendor nor distribution platform operator was required to collect or remit GST/HST prior to July 1, 2021: The non-resident third-party vendor generally wasn’t considered to be “carrying on business” in Canada, and the distribution platform operator wasn’t considered to be “the supplier of the goods.” This put resident vendors at a competitive disadvantage.
To level the playing field, both resident and non-resident distribution platform operators whose qualifying sales into Canada exceed or are expected to exceed the $30,000 CAD threshold are now liable for GST/HST on sales of goods facilitated on behalf of a non-registered vendor to consumers in Canada, whether shipped from a fulfillment warehouse or otherwise. The tax is due on the final sale price, excluding service fees.
The new collection requirement applies to non-resident vendors and distribution platform operators who aren’t registered for GST/HST under the normal GST/HST regime, aren’t carrying on business in Canada, and who sell or facilitate taxable goods delivered or made available to purchasers in Canada that are either:
- Located in Canada (e.g., in a fulfillment warehouse), or
- Shipped from a place in Canada to a purchaser in Canada
Unregistered non-resident vendors who don’t carry on business in Canada but supply qualifying goods in Canada to consumers through a distribution platform operator aren’t required to register for GST/HST under this measure. The platform operator is responsible for GST/HST on those supplies. However, non-resident vendors with goods in Canada (in fulfillment houses or elsewhere) whose total qualifying sales to purchasers in the country exceed the $30,000 CAD threshold must register and collect and remit GST/HST on their direct sales to Canadian consumers.
Among other requirements, fulfillment businesses need to confirm the registration status of all vendors as well as maintain records of non-resident clients and goods stored on behalf of non-resident clients.
Calculating the threshold for qualifying goods
The threshold for qualifying goods is slightly different than the threshold for digital goods and services. The threshold for goods is based on total revenues during a 12-month period from:
Supplies of qualifying goods as a non-resident vendor made to specified Canadian residents, excluding those facilitated by a registered distribution platform operator that are deemed to have been made by that operator
Supplies of qualifying goods as a distribution platform operator made to specified Canadian residents, including facilitated supplies of non-registered vendors
Any business exceeding the $30,000 CAD threshold as of July 1, 2021, is required to register for GST/HST on that date, and to apply for registration by that date. Any business not meeting the $30,000 CAD threshold as of July 1, 2021, isn’t required to register as of July 1. CRA recommends such businesses “regularly recalculate your threshold amount to determine whether it is more than $30,000 CAD in a 12-month period, so they can register for the GST/HST if necessary. Find additional information here.