Re: Stus-List Sales tax in Canada

2016-06-17 Thread Sébastien Lemieux via CnC-List
Hi Bill,

  Just my personal experience... I bought my boat in Quebec, from a Quebec 
owner, but through a broker. Our purchase price included both PST and GST 
(2011).

  The previous owner (Quebec resident) bought the boat from Boston (through a 
US broker) and had to pay GST upon entry in Quebec (2008). The boat was brought 
by road and taxes were paid through a "customs broker". I had to present all 
this documentation when I registered the boat with Transport Canada in 2011 and 
they were happy with everything.

  Two weeks ago, when I moved the boat from Quebec to NY, I had to present all 
these documents at the US customs. They seemed happy with what I showed, but I 
was a little bit puzzled as to why the US customs would verify this.

cheers,

Seb

--
Sébastien Lemieux
Merlot X, C&C 30-2 1988
Lake Champlain

> On Jun 17, 2016, at 8:59 , Bill Connon via CnC-List  
> wrote:
> 
> We've been having a discussion at the marina over sales tax payable in 
> Canada. One thought is that a sale between two private owners incurs no tax 
> whereas a sale by a broker brings on PST and GST. Does anybody out there have 
> definite knowledge, especially where Quebec is involved? ( we still operate 
> under Napoleonic Civil law)
> 
> Bill
> Caprice 1
> 
> ___
> 
> This list is supported by the generous donations of our members. If you like 
> what we do, please help us pay for our costs by donating. All Contributions 
> are greatly appreciated!


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Re: Stus-List Sales tax in Canada

2016-06-17 Thread Aliant via CnC-List
Many years ago, I purchased a used PY 23. I did not license it. I owned it for 
5 years and never received a notice regarding tax and of course, never paid 
any. When I sold the boat, the new owner paid the tax on his purchase. This 
caused the authorities to enquire as to when I purchased the boat and how much 
I paid. Of course, I ended up paying the tax. Just goes to show they will catch 
up with you eventually.

Wayne Anstey
Resilience, 1974 C&C 30 mk1
Bedford, NS, Canada

Sent from my iPad

> On Jun 17, 2016, at 12:15 PM, Marek Dziedzic via CnC-List 
>  wrote:
> 
> Bill,
>  
> This is definitely not definite knowledge (CRA is the only one, who could 
> provide you this).
>  
> As far as I know, there is no difference between private sale and brokerage 
> in terms of if the tax is due or not. The only difference is that if you buy 
> through a brokerage, the tax is is withheld at the time of purchase (they 
> have the obligation to do that). If you buy a boat (or anything else) 
> privately, it is your obligation to comply. CRA may not know about the 
> transaction, so it may not come after you. However, the fact that they don’t 
> know, does not mean that the tax is not due.
>  
> Anything that you buy and have to register with any government agency 
> usually, attract the attention of the tax authorities. So when you buy a car, 
> you have to pay the tax or they would not issue the plates. With a boat, it 
> is a bit different, as you  usually don’t “register” the boat (in Canada). 
> Rather, you “licence” it. You don’t need to licence the boat if it not 
> powered or the motor is under 10 HP (hence, plenty of 9.9 HP motors). I think 
> there is some length limitation, as well, but I cannot find it. Here is a 
> link to Transport Canada web site: 
> https://www.tc.gc.ca/eng/marinesafety/debs-obs-paperwork-paperwork_boat_licence-1898.htm.
>  But if your boat has a bigger engine, you have to license it and this would 
> trigger a notice to CRA. In my case the provincial tax authorities woke up to 
> my buying the boat almost full three years after the transaction happened. 
> Interestingly, the trigger was not my importing it across the border (where I 
> had to show that the taxes were paid), but my licensing the boat.
>  
> If you buy a smaller boat, you can try hiding under the radar and the 
> authorities may not find you. However, if they do, you will have some 
> explaining to do (and a fine to pay).
>  
> Marek
> Ottawa, ON
>  
> From: Bill Connon via CnC-List
> Sent: Friday, June 17, 2016 09:00
> To: C&C List
> Cc: Bill Connon
> Subject: Stus-List Sales tax in Canada
>  
> We've been having a discussion at the marina over sales tax payable in 
> Canada. One thought is that a sale between two private owners incurs no 
> tax whereas a sale by a broker brings on PST and GST. Does anybody out 
> there have definite knowledge, especially where Quebec is involved? ( we 
> still operate under Napoleonic Civil law)
> 
> Bill
> Caprice 1
> 
> ___
> 
> This list is supported by the generous donations of our members. If you like 
> what we do, please help us pay for our costs by donating. All Contributions 
> are greatly appreciated!
> ___
> 
> This list is supported by the generous donations of our members. If you like 
> what we do, please help us pay for our costs by donating. All Contributions 
> are greatly appreciated!
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what we do, please help us pay for our costs by donating. All Contributions are 
greatly appreciated!


Re: Stus-List Sales tax in Canada

2016-06-17 Thread Michael Crombie via CnC-List
Yes, there is sales tax between private owners on boat sales in Canada.  I 
found this out recently. I bought my boat in Ontario three years ago from a 
private individual...sales tax didn't even enter into my head.  Then I 
dutifully registered the change of ownership with the federal government.

Well, 3 years later I received a letter from the Ontario government stating 
that they had been advised by the federal government that I had a boat and they 
were wondering whether or not I had paid sales tax!   My accountant said that 
other than making up a fake bill of sale or lying and sending them after the 
PO, I had no choice other than to pay it.  At least they were kind enough not 
to charge interest.

Mike
Atacama 33mkii
Toronto 
Sent wirelessly from my BlackBerry device on the Bell network.
Envoyé sans fil par mon terminal mobile BlackBerry sur le réseau de Bell.
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Re: Stus-List Sales tax in Canada

2016-06-17 Thread Phygital via CnC-List
Hi,

With respect to Quebec, there is no tax if the boat and owner reside in Quebec 
and is bought by someone residing in Quebec. 

If the boat is brought into Quebec from another province there is tax. The 
selling broker (e.g. Nova Scotia) SHOULD NOT apply sales tax. It is up to the 
owner to do that themselves within Quebec. If this happens Quebec WILL collect 
the tax from the new owner, and the new owner will have to pursue  getting 
his/her sales tax back from Nova Scotia (a real mess).


/J

> On Jun 17, 2016, at 8:59 AM, Bill Connon  wrote:
> 
> We've been having a discussion at the marina over sales tax payable in 
> Canada. One thought is that a sale between two private owners incurs no tax 
> whereas a sale by a broker brings on PST and GST. Does anybody out there have 
> definite knowledge, especially where Quebec is involved? ( we still operate 
> under Napoleonic Civil law)
> 
> Bill
> Caprice 1
> 
> 
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Re: Stus-List Sales tax in Canada

2016-06-17 Thread Marek Dziedzic via CnC-List
Bill,

This is definitely not definite knowledge (CRA is the only one, who could 
provide you this).

As far as I know, there is no difference between private sale and brokerage in 
terms of if the tax is due or not. The only difference is that if you buy 
through a brokerage, the tax is is withheld at the time of purchase (they have 
the obligation to do that). If you buy a boat (or anything else) privately, it 
is your obligation to comply. CRA may not know about the transaction, so it may 
not come after you. However, the fact that they don’t know, does not mean that 
the tax is not due.

Anything that you buy and have to register with any government agency usually, 
attract the attention of the tax authorities. So when you buy a car, you have 
to pay the tax or they would not issue the plates. With a boat, it is a bit 
different, as you  usually don’t “register” the boat (in Canada). Rather, you 
“licence” it. You don’t need to licence the boat if it not powered or the motor 
is under 10 HP (hence, plenty of 9.9 HP motors). I think there is some length 
limitation, as well, but I cannot find it. Here is a link to Transport Canada 
web site: 
https://www.tc.gc.ca/eng/marinesafety/debs-obs-paperwork-paperwork_boat_licence-1898.htm.
 But if your boat has a bigger engine, you have to license it and this would 
trigger a notice to CRA. In my case the provincial tax authorities woke up to 
my buying the boat almost full three years after the transaction happened. 
Interestingly, the trigger was not my importing it across the border (where I 
had to show that the taxes were paid), but my licensing the boat. 

If you buy a smaller boat, you can try hiding under the radar and the 
authorities may not find you. However, if they do, you will have some 
explaining to do (and a fine to pay).

Marek
Ottawa, ON

From: Bill Connon via CnC-List 
Sent: Friday, June 17, 2016 09:00
To: C&C List 
Cc: Bill Connon 
Subject: Stus-List Sales tax in Canada

We've been having a discussion at the marina over sales tax payable in 
Canada. One thought is that a sale between two private owners incurs no 
tax whereas a sale by a broker brings on PST and GST. Does anybody out 
there have definite knowledge, especially where Quebec is involved? ( we 
still operate under Napoleonic Civil law)

Bill
Caprice 1

___

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what we do, please help us pay for our costs by donating. All Contributions are 
greatly appreciated!
___

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Re: Stus-List Sales tax in Canada

2016-06-17 Thread Stevan Plavsa via CnC-List
My experience was exactly the same as Peter's.
Broker deal - letter in the mail almost two years later.

Steve
Suhana, C&C 32
Toronto
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Re: Stus-List Sales tax in Canada

2016-06-17 Thread S Thomas via CnC-List

Like Mike said.
If you purchase a boat out of Canada, there is no tax payable unless you 
bring it to Canada, but even a single visit makes the tax payable.
It is my understanding that the country of registration makes no difference 
to the CRS for pleasure vessels, only the actual ownership.

I suspect that corporations have legal ways around this, but not us.

Steve Thomas
C&C27 MKIII
Port Stanley, ON

P.S. I helped a friend bring a boat that he was importing across from 
Michigan a few years ago, and Pelee Island had the nearest port. Customs 
insisted that we dock at the West Dock, where their office is. It was a very 
calm afternoon, so we complied, but by the time we were done the boat was 
being ferociously slammed against the wall. Something about the hydrology 
there amplifies the wave action. If I had to do it again, I would just go to 
Scudder and call customs from there. The West Dock on Pelee Island is no 
place for small vessels.



- Original Message - 
From: "Hoyt, Mike via CnC-List" 

To: 
Cc: "Hoyt, Mike" 
Sent: Friday, June 17, 2016 09:31
Subject: Re: Stus-List Sales tax in Canada


A sale between private owners incurs tax in Nova Scotia and likely in the 
rest of Canada.  The only difference between the private sale and using a 
broker is that the broker usually does this as part of the business 
procedures vs the private sale where the buyer is supposed to remit it 
(usually upon registration of the vessel).  I know a large number of people 
who never paid tax on their boats.  Rumor has it that some marinas are 
being visited by officials looking for boats that have not paid the sales 
tax ...


For me personally the last two boats were purchased in the US which 
required tax to be paid when the boat crossed the border (by land) or the 
tax invoice triggered by customs inspection (by sea)


Mike
Persistence
Halifax

-Original Message-
From: CnC-List [mailto:cnc-list-boun...@cnc-list.com] On Behalf Of Bill 
Connon via CnC-List

Sent: Friday, June 17, 2016 9:59 AM
To: C&C List
Cc: Bill Connon
Subject: Stus-List Sales tax in Canada

We've been having a discussion at the marina over sales tax payable in 
Canada. One thought is that a sale between two private owners incurs no 
tax whereas a sale by a broker brings on PST and GST. Does anybody out 
there have definite knowledge, especially where Quebec is involved? ( we 
still operate under Napoleonic Civil law)


Bill
Caprice 1

___

This list is supported by the generous donations of our members. If you 
like what we do, please help us pay for our costs by donating. All 
Contributions are greatly appreciated!


___

This list is supported by the generous donations of our members. If you 
like what we do, please help us pay for our costs by donating. All 
Contributions are greatly appreciated! 



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what we do, please help us pay for our costs by donating. All Contributions are 
greatly appreciated!


Re: Stus-List Sales tax in Canada

2016-06-17 Thread Peter Fell via CnC-List
Well my broker informed me the GST was my responsibility. He did the 
registration paperwork but did not do the tax. He suggested that many never 
do end up paying the tax but I got the letter in the mail and had to submit 
a bill-of-sale to verify selling price along with the required tax.  I can't 
recall the specifics of the letter but I think that they gave an amount that 
the tax would be based on if I didn't provide proof of the purchase price 
... and that amount was, in my case, considerably higher than what I had 
actually paid.


-Original Message- 
From: Hoyt, Mike via CnC-List

Sent: Friday, June 17, 2016 6:31 AM
To: cnc-list@cnc-list.com
Cc: Hoyt, Mike
Subject: Re: Stus-List Sales tax in Canada

A sale between private owners incurs tax in Nova Scotia and likely in the 
rest of Canada.  The only difference between the private sale and using a 
broker is that the broker usually does this as part of the business 
procedures vs the private sale where the buyer is supposed to remit it 
(usually upon registration of the vessel).  I know a large number of people 
who never paid tax on their boats.  Rumor has it that some marinas are being 
visited by officials looking for boats that have not paid the sales tax ...


For me personally the last two boats were purchased in the US which required 
tax to be paid when the boat crossed the border (by land) or the tax invoice 
triggered by customs inspection (by sea)


Mike
Persistence
Halifax

-Original Message-
From: CnC-List [mailto:cnc-list-boun...@cnc-list.com] On Behalf Of Bill 
Connon via CnC-List

Sent: Friday, June 17, 2016 9:59 AM
To: C&C List
Cc: Bill Connon
Subject: Stus-List Sales tax in Canada

We've been having a discussion at the marina over sales tax payable in 
Canada. One thought is that a sale between two private owners incurs no tax 
whereas a sale by a broker brings on PST and GST. Does anybody out there 
have definite knowledge, especially where Quebec is involved? ( we still 
operate under Napoleonic Civil law)


Bill
Caprice 1

___

This list is supported by the generous donations of our members. If you like 
what we do, please help us pay for our costs by donating. All Contributions 
are greatly appreciated!


___

This list is supported by the generous donations of our members. If you like 
what we do, please help us pay for our costs by donating. All Contributions 
are greatly appreciated! 



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what we do, please help us pay for our costs by donating. All Contributions are 
greatly appreciated!


Re: Stus-List Sales tax in Canada

2016-06-17 Thread Hoyt, Mike via CnC-List
A sale between private owners incurs tax in Nova Scotia and likely in the rest 
of Canada.  The only difference between the private sale and using a broker is 
that the broker usually does this as part of the business procedures vs the 
private sale where the buyer is supposed to remit it (usually upon registration 
of the vessel).  I know a large number of people who never paid tax on their 
boats.  Rumor has it that some marinas are being visited by officials looking 
for boats that have not paid the sales tax ...

For me personally the last two boats were purchased in the US which required 
tax to be paid when the boat crossed the border (by land) or the tax invoice 
triggered by customs inspection (by sea)

Mike
Persistence
Halifax 

-Original Message-
From: CnC-List [mailto:cnc-list-boun...@cnc-list.com] On Behalf Of Bill Connon 
via CnC-List
Sent: Friday, June 17, 2016 9:59 AM
To: C&C List
Cc: Bill Connon
Subject: Stus-List Sales tax in Canada

We've been having a discussion at the marina over sales tax payable in Canada. 
One thought is that a sale between two private owners incurs no tax whereas a 
sale by a broker brings on PST and GST. Does anybody out there have definite 
knowledge, especially where Quebec is involved? ( we still operate under 
Napoleonic Civil law)

Bill
Caprice 1

___

This list is supported by the generous donations of our members. If you like 
what we do, please help us pay for our costs by donating. All Contributions are 
greatly appreciated!

___

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greatly appreciated!


Stus-List Sales tax in Canada

2016-06-17 Thread Bill Connon via CnC-List
We've been having a discussion at the marina over sales tax payable in 
Canada. One thought is that a sale between two private owners incurs no 
tax whereas a sale by a broker brings on PST and GST. Does anybody out 
there have definite knowledge, especially where Quebec is involved? ( we 
still operate under Napoleonic Civil law)


Bill
Caprice 1

___

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what we do, please help us pay for our costs by donating. All Contributions are 
greatly appreciated!