BREAKING NEWS: 6 hours before the GST/HST holiday is set to begin, CFIB confirms with government that it is NOT mandatory for businesses to participate: "This measure is now law. We expect businesses to comply with the new rules, but we don’t intend to chase after small businesses that may struggle to implement the measure in time. There remain pathways for businesses and all Canadians to obtain their GST relief on qualifying goods through the CRA.


The GST Holiday ended February 15th

The federal government had announced a GST/HST break from December 14, 2024, to February 15, 2025. This temporary measure exempted the Goods and Services Tax (GST) or Harmonized Sales Tax (HST) from a variety of essential items.

Here’s what business owners needed to know:

Key items exempted from GST:
  • Prepared foods and snacks: Vegetable trays, pre-made meals, salads, sandwiches, chips, candy, granola bars, etc.
  • Dining: Restaurant meals (dine-in, takeout, or delivery).
  • Beverages:
    • Beer, wine, cider, and sake.
    • Pre-mixed "ready-to-drink" alcoholic beverages 7% or less ABV (alcohol by volume).
  • Children's products: Children's clothing, footwear, car seats, diapers, and other important family items.
  • Toys and entertainment: Children's toys (board games, dolls, video game consoles, etc.) and books, print newspapers, and puzzles for all ages.
  • Seasonal items: Christmas trees and other holiday items.

For more information and a complete list of items, please visit the government’s website.

Is participating in the GST/HST holiday mandatory?

December 18, 2024

BACKGROUND:

Until last week, CFIB was operating on the assumption that any business (retailer, restaurant, distributor or manufacture) selling or serving the items subject to the GST/HST holiday was required to participate by zero-rating the tax during the holiday period.

But in working with the Canada Revenue Agency on a detailed Q&A for small businesses, the CRA provided advice that if a business continued to collect GST/HST on any of these items, it was required to remit it as normal.

And just before the GST/HST began on December 14, CFIB received correspondence from its members that large manufacturers/distributors like PepsiCo and Coca-Cola were notifying their business clients that they would not participate in the holiday and continue to charge GST/HST to retailers.

This prompted CFIB to ask both the Minister’s office in the Department of Finance and the Canada Revenue Agency to clarify whether any business – large or small, business-to-business or business to consumer – was required to participate in the holiday.

As usual, government has struggled to provide a clear answer to this question. This is no surprise and it is very common for the Department of Finance (that sets tax policy) and the Canada Revenue Agency (that administers tax policy) to disagree with each other. The rushed nature of the GST/HST holiday and the major political turmoil facing the federal government have made matters significantly worse.

On Friday, December 13 at 6 pm ET, CFIB received the following from a senior official in the Finance Minister’s Office:

“This measure is now law. We expect businesses to comply with the new rules, but we don’t intend to chase after small businesses that may struggle to implement the measure in time. There remain pathways for businesses and all Canadians to obtain their GST relief on qualifying goods through the CRA.”

In discussions with the Minister’s team, it was clear that while government wants all businesses to participate, there were no plans to rigidly enforce this among businesses large or small if the firm deemed the changes to be burdensome. With the consent of the Minister’s office, CFIB shared this information on social media (posted on X) that evening: https://x.com/CFIB/status/1867715194119491750 

CURRENT STATUS:

Since CFIB’s clarification with the Department of Finance on Friday, the Minister resigned on Monday, December 16. As the assurances CFIB received were from the political level in the office of Deputy Prime Minister Chrystia Freeland, we have asked the Canada Revenue Agency to provide written interpretation of the rules. 

The CRA has now posted this on its website:

“Businesses who make reasonable efforts to comply with the legislation will not be the focus of our compliance actions.

We will be focusing on situations where businesses willfully and egregiously refuse to comply with the temporary measures, such as a business that collects the GST/HST and does not remit it to the CRA.”

(https://www.canada.ca/en/services/taxes/child-and-family-benefits/gst-hst-holiday-tax-break.html):

CFIB'S INTERPRETATION:

After reviewing the advice from the Department of Finance and the Canada Revenue Agency, and based on detailed conversations with both, CFIB offers the following advice:

  1. Government wants everyone to offer the holiday and notes that it is the law to do so. But it has acknowledged this requirement will not be rigidly enforced under the circumstances with one important exception (see #2).
  2. If a business decides it is too challenging to participate in the holiday and chooses to continue to collect the GST/HST on eligible goods, it MUST remit the tax revenue to the CRA as normal. This makes sense, of course.
  3. Consumers AND businesses that have paid the GST/HST on eligible goods can go to the CRA for a refund.
  4. Competitive pressure will push most retailers and restaurants into participating anyway. They won't want to risk losing a sale to the neighbouring biz that is participating.
  5. Many manufacturers and distributors (like PepsiCo and Coca-Cola) will not participate, which will cause cash flow issues for small business owners.
RISKS AND ADVICE FOR BUSINESS OWNERS:

CFIB has had hundreds of calls from business owners worried about the implementation of the GST/HST holiday. Many are worried about making a mistake in interpreting the rules, especially given the rushed nature of the change. 

For those implementing the holiday, CFIB recommends you do your best to follow the guidance, but not to stress if you make a mistake. If you do charge tax in error, simply remit it to CRA as normal. If you are audited, CFIB will go to bat for you if you’ve made any good faith errors.

If you are not able to participate, please document why you’ve made this decision and ensure that you follow normal practices by remitting all GST/HST to government. As PepsiCo and Coca-Cola have done, you should notify your customers that you are not participating.

The main risk to businesses would be collecting GST/HST and NOT remitting it to government. Even if collected in error, remit all GST/HST to the CRA as normal.

This entire initiative has been poorly designed and rushed. CFIB will be working to defend our members who operated in good faith if they are subject to an audit.

Share how the GST/HST changes will impact your small business.

Do you have specific questions about the GST/HST holiday that you’d like the Canada Revenue Agency (CRA) to address?

Economic impact and CFIB's stance:

CFIB conducted a flash member survey from November 26th-November 27th. Results found only 4% of small businesses expect stronger sales as a result of the holiday. The majority of small businesses are opposed to the measure, including 62% of respondents that will be required to implement it.

Many business owners will face added confusion and administrative burdens as they navigate complex exemption lists and reprogram their systems twice in a two-month period.

You can view CFIB’s press release on the survey results here.

CFIB is calling on the government to provide affected small firms with a minimum $1000 credit in their GST/HST accounts to cover administrative and programming costs, and to order the CRA to forgive the taxes owed, penalties and interests for any good faith errors small firms make to implement the GST/HST holiday.

Here are our answers to some frequently asked questions to help you navigate this change:

If your question is not addressed here, please reach out to our Business Advisors by calling 1-833-568-2342 or by filling out our contact form here.

GST/HST Holiday Posters

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