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  Out of Province Sellers  

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Provincial Sales Tax -> Out of province sellers

Does my business have to charge another province's PST when making retail sales shipped to that province?  What about GST/HST?

Generally speaking, a vendor should register to collect the PST of another province if they have a business presence (e.g. office, salespeople) in that province.  If the vendor does not have a business presence in a province to which they are shipping, it is usually the responsibility of the buyer of the goods to remit the provincial sales tax.  For more information on individual provinces, see below.

a.    British Columbia & Manitoba

The provinces of BC & Manitoba indicate that out-of-province vendors should register to collect provincial sales tax for a province if all of the following criteria are met:

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The vendor solicit sales in the province through advertising or other means.

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The vendor accept orders originating in the province.

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The goods are acquired for consumption and use in the province, not for resale.

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The vendor causes the goods to be delivered to a location in the province, regardless of who pays the shipping costs.

For more information, see the following on the provincial web sites:

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BC - SST 074 Out-of-Province Sellers (pdf file), from the Provincial Sales Tax Bulletins page.

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Manitoba - Retail sales tax bulletins See Bulletin #004, Information for Vendors, and go to Out of Province businesses under Section 2.

b.    Ontario

The province of Ontario indicates that out-of-province businesses selling taxable goods to Ontario residents and businesses are required to register only if they have a business "presence" in Ontario.  Otherwise, they can voluntarily register if desired, as a convenience to their customers in Ontario.

For more information, see the province of Ontario guide:

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RST Guide 202 - Goods brought into Ontario  See the section on out-of-province suppliers

c.    Prince Edward Island

The Prince Edward Island Revenue Tax Act puts the onus on the person who brings into, causes to be brought into, or takes delivery within, the province of goods for consumption in the province, to self-assess and remit the tax.  There is no legislation in place requiring out-of-province vendors to register.  However, they do encourage out-of-province vendors to register and collect the PST on sales to PEI consumers.

d.    Saskatchewan

Saskatchewan indicates that non-resident businesses should consider registering to collect their provincial sales tax, as a convenience to their customers.  For more information, see the province of Saskatchewan article:

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I am a non-resident vendor making sales into the Province. Do I have to collect tax on my sales?  - Go to Common questions about provincial sales tax on the Government of Saskatchewan website, and scroll down to this topic.

e.    Québec

The province of Québec Retail Sales Tax Act indicates that out-of-province businesses should register prior to selling taxable goods to Québec residents and businesses for use and consumption within Québec.  The Act also indicates that individuals and businesses in Québec who purchase goods from outside of the province should remit the Québec sales tax if it has not been collected by the retailer. 

For more information, see the Québec Retail Sales Tax Act on the Canadian Legal Information Institute website, or contact the Québec Revenue Ministry through their web page Québec QST and GST - for businesses.

f.    HST provinces

All vendors who are registered to collect GST are automatically registered to collect HST.  A GST registrant in a non-HST province who sells goods which are delivered to an HST province must collect the HST.  A registrant in an HST province who sells goods which are delivered to a non-HST province would collect only the GST, not the HST.  For GST and HST rates see the GST and HST page.

For more information, see Canada Revenue Agency publications:

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Services considered to be sold in a participating province

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B-103 Place of supply rules under the HST

 

Revised: June 13, 2010

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