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

Here’s what business owners need 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:

What is the GST Holiday?

The GST Holiday is a temporary measure announced by the Canadian federal government, exempting the Goods and Services Tax (GST) or Harmonized Sales Tax (HST) on specific items from December 14, 2024, to February 15, 2025.

Which products are eligible for the GST exemption?

Eligible items include prepared foods (e.g., vegetable trays, pre-made meals), restaurant meals, snacks, children's clothing and footwear, children’s toys, books, print newspapers, and Christmas trees, among others. Please visit the government's website for a complete list.

How does this impact my business if I sell these products?

As a business selling eligible items, you will not charge GST/HST on these products during the holiday period, potentially increasing customer sales due to reduced costs.

Do I need to adjust my point-of-sale (POS) systems?

Yes, ensure that your POS system reflects the temporary GST/HST exemption to avoid inadvertently charging tax on eligible items. Consult your software provider for assistance if necessary.

Does this apply to just retail sales, or wholesale and manufacturer sales too?

Yes, this applies to retail sales, wholesale, and manufacturer sales as well.

Do I still get full ITCs (my GST back) on purchases of inventory I am selling during the tax exemption?

Yes, you can still get your full GST ITCs back on purchases of inventory during the tax exemption.

How are Hobby Stores affected by the GST Holiday?

Administrative Adjustments:

Implementing the GST exemption may require hobby stores to update their pricing systems and sales processes, leading to additional administrative efforts.

Limited Scope of Exemptions:

Not all hobby-related products are covered by the GST holiday. While children's toys are included, items like specific sports equipment or hobby supplies might not qualify, which could limit the overall impact on sales.

Does the GST holiday apply to wine tastings and food tastings?

Wine tastings: ALL wine is included in the GST Holiday.

Ready Made Cocktails/Beverages: Those with alcohol by volume (ABV) of up to 7% are included.

Food tastings: Prepared foods such as salads, sandwiches, and assorted platters are included in the holiday exemption.

Wine/food tastings – the CRA bulletin says the wine is zero rated, but the service is not separately priced. How will this work?

The provision of wine is relieved of GST/HST during the eligible period. The provision of food is relieved of GST/HST during the eligible period. There may be circumstances where there is a fee for food/wine tasting which includes the provision of other benefits which would not qualify for GST/HST relief. In these cases where there is a single supply of elements with some of the elements being subject to GST/HST relief and some not, it is necessary to determine the essential nature of what is being supplied and that will dictate whether GST/HST relief applies or doesn’t.

Example #1

A winery holds a wine and food tasting event that charges a fee, and, for the fee, the customer receives samples of different types of wine, samples of food and some non-food or non-beverages benefits that are of nominal value (such as a souvenir wine glass). The nature of the supply is a supply of a service of food and eligible beverages even though it includes other benefits of nominal value. The supply is subject to the GST/HST relief during the eligible period.

Example #2

A restaurant holds a function at their location and the fee provides a set prepared meal, a set glass of wine and includes a shot of whiskey all supplied as a single supply. Only the provision of food and beverage is supplied and nothing else. The nature of the supply is a supply of a service of food and eligible beverages even though it might include the provision of a non-qualifying service (the provision of the shot of whiskey). The supply is subject to the GST/HST relief during the eligible period.

Example #3

A bar has a whiskey tasting event and for a set fee provides the customer with samples of different types of whiskey. The bar also has a tray of cheeses that customers can eat while they are tasting the various whiskeys. The nature of the supply is a supply of a non-qualifying service (whiskey is not an eligible beverage) even though some incidental food is provided. The supply is not relieved of GST/HST during the eligible period.

Example #4

A venue holds a concert for a professional performer and charges a flat fee that provides the customer with entrance to the event plus some complimentary food and beverages. Customers attend the event for the purpose of the concert and not the complimentary food and beverages. The nature of the supply is a supply of a non-qualifying service (access to a concert) even though some incidental food is provided. The supply is not relieved of GST/HST during the eligible period.

How should I communicate this change to my customers?

Inform customers through signage, digital communications, and prepare staff with briefings.

Do I need to file any special paperwork with the CRA?

Generally, there’s no extra paperwork for GST-exempt sales. However, ensure your sales records reflect the exemption for audit purposes.

What if I mistakenly charge GST during the holiday?

If GST is mistakenly charged, you may need to issue refunds to customers. Ensure that your accounting and sales records are corrected promptly.

Will services also be exempt from the GST during this period?

The exemption applies primarily to physical goods. Services are typically not included unless specified by the government announcement.

How can businesses benefit from the GST Holiday?

By promoting GST-exempt products, businesses can attract more customers, potentially increase sales, and enhance customer satisfaction by offering value during the shopping season.

Who can I contact for more information or assistance?

For specific guidance, reach out to the Canada Revenue Agency (CRA) or call CFIB Business Resources to help navigate the GST Holiday efficiently.

Will there be compensation offered to businesses who must dedicate time and money for updating their POS systems and inventory control software?

Currently, there is no specific compensation offered to businesses for the efforts and costs involved in updating their POS systems and inventory control software for the GST holiday. Here are the key points related to this situation:

Administrative burden:

Updating POS systems to accommodate tax exemptions on qualifying goods during the GST holiday is largely the responsibility of retailers. This includes setting up systems to handle tax-exempt sales correctly.

Implementation challenges:

Businesses must quickly update their systems within a short timeframe (about three weeks before the holiday period begins), which can pose challenges, especially for those with extensive inventories.

Support from POS providers:

Some POS providers indicate that if their software allows tax rate adjustments for items, the updates might be straightforward. However, smaller businesses may encounter more significant hurdles due to limited resources.

How are items like accessories and parts, such as glue or paint for assembling a model plane, classified in terms of tax exemption?

In the context of a model plane, this is relieved of GST/HST during the eligible period under the provision of the legislation that zero-rates:

  • a product designed for use by a child under 14 years of age in learning or play that is a toy, toy set or toy system that involves:
    1. building, creating or assembling structures, objects or models by using pieces, parts, materials or modelling compound, or
    2. sorting, stacking or organizing pieces, parts or materials.

A model plane, that is designed for use by a child under 14 years of age, would qualify as a model and it is therefore subject to GST/HST relief during the period. If the model plane is sold as one bundled kit for one price that includes other accessories within the kit such as paint or glue, the entire kit is relieved of GST/HST. However, if paint or glue are sold separately, such items do not qualify for the relief.

How are toys marketed to adults defined under the GST holiday, and how does this affect tax exemption eligibility, especially when items like 'adult LEGO' might be purchased for younger users? Additionally, what criteria do manufacturers or retailers use to determine the intended age group, and how is this verified at the point of sale?

The GST/HST relief for toys including games, dolls and toy sets such as models that are aimed at children under 14 years or age and where the toy is for learning or play purposes. It’s a question of fact whether a particular item meets this requirement or not.

This can be evidenced by the marketing of the product on the manufacturer’s packaging. If an item is specifically marketed for adults, such items would not qualify.

Where a product is marketed, for example, for ages 8 and up, it would qualify. Where such items are not specifically marketed to adults and the item can, by its nature, be an item that could be used by a child under 14 years of age for learning or play purposes, the item will qualify for GST/HST relief. The rules are based on the nature of the product and not the specific retail customer.

If an item, based on the packaging and the nature of the item is such that it is an adult toy, for example marked as for 18 years and older, it doesn’t matter if the customer is purchasing it for the use by a child under 14 years of age, it will not qualify.

Similarly, if an item is not specifically marketed to adults and the item can, by its nature, be used by a child under 14 years of age for learning or play purposes, the item will qualify even if the customer is purchasing it for the use by an adult.

How does the GST/HST Holiday apply to small cafés in larger businesses, like grocery tea shops, regarding items such as heated beverages, flavored iced teas, chains that mixed items (taxable and zero-rated), the definition of “substantially all” for zero-rated sales and the inconsistent tax treatment based on the point of sale?

These food and beverage related items would also temporarily have no GST/HST charged:
Restaurant meals, whether dine-in, takeout, or delivery (including meals at cafés, pubs, food trucks, and other food and beverage establishments).

What type of penalties will be imposed if a business makes an error?

The CRA will take a practical approach to compliance. They will dedicate their efforts towards situations in which businesses willfully and egregiously refuse to comply with the temporary measures, such as those who collect GST/HST but do not remit it to the CRA. Businesses who make reasonable efforts to comply with the legislation will not be the focus of their compliance actions.

Are items such as bars, chips, snacks, and drinks all of which have some sort of dietary supplement including protein in them part of the GST Holiday?

These items, as long we they meet ALL of the following criteria will be included in the GST Holiday:

  • Compete directly with other similar products that are not enhanced by protein, caffeine, vitamins, and/or minerals (sold in a similar aisle in a store and are marketed in similar fashion)
  • Considered by the average person to be a food to satisfy hunger
  • Considered by Health Canada to be a food

Would printed music books (sheet music in book form) be exempt?

Based on how CRA has interpreted the expression "printed book" which may contain printed words, printed pictures, diagrams, symbols, or other visual aids, including music and Braille, “sheet music”, as the term is commonly understood, would be considered printed books and would qualify for temporary GST/HST relief. However, please note that if the music is printed on sheets of paper, not bound or fastened, they would NOT be considered to be printed books, unless they are unbound versions of scripture of any religion.

Would card games, such as Dungeons & Dragon cards or Magic the Gathering, and their accessories such as dice and figurines, be part of the GST Holiday?

A structured card game with a structured set of goals and rules that is played that uses physical pieces is subject to the GST/HST relief if the game is designed for the use by a child under 14 years of age. The marketing of the game would give indication as to whether the game is marketed to a child under 14 years of age or towards other teenagers or adults. The treatment of accessories will depend on the nature of the accessory. Dice are relieved of the GST/HST as are accessories that are replacement, refills or supplementary components of a qualifying game. 

Pre-orders for food (catering or other food services) that will be delivered after Dec 14th. Ex: a business orders pizza for a staff party on Dec 5th and it will only be delivered on or after Dec 14th.

The date that a booking is made is not relevant to the application of GST/HST relief. If the food service is rendered to the customer (i.e. the prepared food is provided to the recipient) during the eligible period and the payment takes place during the eligible period, the service will be subject to the relief.

Will tabletop holiday decorations (i.e. decorative metal trees, Santa figures, reindeer figures or statues, snowmen etc.) be GST exempt?

The GST/HST relief is for Christmas trees or a similar decorative tree, natural or artificial. There is no size limit. Tabletop decorations that are in the form of a decorative tree would qualify. Other holiday decorations do not qualify.

How does the GST Holiday work for gift baskets? The CRA’s pre-existing position applied to gift baskets that contain food is based on the value of the contents.

The CRA’s pre-existing position applied to gift baskets that contain food is based on the value of the contents. If 90% or more of the basket’s value comes from zero-rated items (e.g., fruits), the supply is zero-rated. When the value of the component parts, each of which is taxable, exceeds 10% of the total value of the supply, the supply of the gift basket is taxable. During the eligible period, qualifying goods like food and non-alcoholic beverages are included in the zero-rated category, potentially allowing more gift baskets to qualify for zero-rated treatment. 

How will it work for refunds of items that were GST exempt following the GST Holiday?

It is up to the business to determine the acceptance of any product based on their practice and policies. If a business accepts the return of a product, they can choose not to refund or credit the customer the GST/HST that was previously paid. More information regarding how a registrant is to treat returns or adjustments can be found here: General Information for GST/HST Registrants - Canada.ca.

Where a consumer was not reimbursed an amount of GST/HST by a supplier who accepted a return, the consumer may within 2 years of having paid the amount of tax, claim a rebate from the CRA for that amount of tax if it exceeds $2.00. More information on claiming rebates for amounts of tax paid in error can be found here: General Application for GST/HST Rebates - Canada.ca.

Is the GST Holiday applicable to those who run volunteer groups that give their profits back to a hospital, such as a charity run small café?

If a charity run small café made taxable sales (i.e., charged GST/HST) of food and beverages prior to the GST Holiday, those same sales would be relieved of GST/HST during the GST Holiday period.

Is used clothing part of the GST Holiday if the items are listed on the resources currently available?

Yes, the GST/HST relief for children’s clothing applies to both new and used clothing.

Can a 15% flat discount be provided at the register rather than reprogramming my POS terminal?

If the GST/HST legislation stipulates that a certain product qualifies for GST/HST relief during the GST Holiday period, sales of that qualifying item during the period should be treated as zero-rated during the period. Providing a 15% discount on sales of qualifying products does not permit a business to remove the GST/HST on a qualifying product that is not subject to GST/HST during the period. There would still be an indication of GST/HST charged and the retailer would be required to account for that amount of tax in their usual GST/HST return filing.

For chocolate is it only single pieces or boxes? Or is this not included in the GST Holiday?

Yes, all food that is for human consumption other than foods sold through a vending machine or food that includes cannabis, is included in the GST/HST relief. This includes all chocolate whether sold in single pieces or boxes.

Are delivery charges taxable and where they would not be taxable (food and non food deliveries)?

Delivery charges are dealt with in one of two ways depending on the agreement between the supplier and customer for the supply of any qualifying goods or services. The GST/HST relief during the GST Holiday period applies to the delivery charges related to the qualifying goods or services (including food delivery services) if the supplier is required to transport the qualifying items to the recipient (e.g., to the customer's premises) as part of the agreement terms for the supply, and the supplier remains responsible for the qualifying goods until it is delivered to the customer. The shipment in these circumstances is considered to be a single supply of qualifying goods or services, with the delivery included in the supply. The GST/HST relief can be applied to the delivery charges even if the charges are shown separately on the supplier's invoice.

What about businesses where customers go make their own wine?

  • Wine-making kits containing only the ingredients to make wine (grape juice concentrate, yeast, etc.) are already relieved of GST/HST prior to the eligible period.
  • Wine-making kits that include labels, corks and shrink capsules as well as ingredients are also already relieved of GST/HST prior to the eligible period.
  • Wine-making kits containing additional items such as apparatus, equipment or material used in the manufacture of wine are subject to GST/HST and remain subject to GST/HST during the eligible period.

Are deliveries for non-food related items treated the same way as food deliveries for the GST Holiday?

Generally, deliveries to consumers (such as most online shopping) are shipped on behalf of the seller. This means CRA considers those items delivered when the item arrives at the destination address.

However, under a special rule included in the proposed GST Holiday measure, if a supplier:

  • Uses a shipping service (common carrier or consignee) for delivery on behalf of the recipient, we consider the item to have been delivered to the recipient at the time the supplier transfers the item to the shipping service
  • Sends the item by mail or courier to the recipient, we consider the item to have been delivered to the recipient at the time the supplier mails the item or transfers it to the courier

How does this apply to B and B's (accommodation, parking, wifi and a hot breakfast as part of a package deal)?

  • The provision of a meal is subject to GST/HST relief during the eligible period.
  • There is no GST/HST relief during the period for the provision of short-term accommodation (like a stay in a bed and breakfast).
  • Where a free breakfast is provided as inclusion in a package for customers, there is no GST/HST relief as the customer is acquiring short term accommodation that includes a free breakfast.

What about handmade items? Would it matter if they are Christmas/Holiday themed items or designed for children?

If a handmade item falls within the list of qualifying items, it would qualify for GST/HST relief.

A snowmobile dealer who sells children's snowsuits as well as boots and mittens. Parents often buy these outfits for their children because they are very warm and they don't want their children to be cold in the school yard during our hard Canadian winters. They're not always worn for snowmobiling and could be viewed as NOT part of the specialized clothing designed for sports activities. Would they qualify for the GST Holiday or not?

It is recognized that snowsuits, boots, and mittens may have multiple uses. Those goods in children’s sizes that can reasonably be worn outside of recreational activities qualify for the temporary GST/HST break. Snowsuits, boots, and mittens designed for children and in the following sizes qualify for the temporary GST/HST break where it is reasonable that they can be worn outside of recreational activities:

  • Snowsuits in children’s sizes extra small, small, large, and medium
  • Children’s boots with an insole length of 24.25 centimetres or less
  • Mittens in sizes and styles designed for children

Given that the foods listed on the qualified list are packaged in food containers as a supplier of these containers, are they part of the GST Holiday?

No. The sale of a container on its own does not qualify for the temporary GST/HST break. While the temporary GST/HST break applies throughout the supply chain, only food itself, including food packaged in containers qualify. For example, food sold by a manufacturer to a wholesaler, by wholesaler to a retailer, and a by a retailer to a consumer. The temporary GST/HST break does not apply to components used in the food manufacturing or packaging process that are not food themselves.

What about activity cubes and tables for infants and toddlers?

An activity cube for infants that is a toy designed for learning or play qualifies for the temporary GST/HST break. Goods that function as furniture and are primarily marketed and represented as furniture rather than a toy would generally not qualify for the temporary GST/HST break.

Books that included a story and stickers? Crafts that are mostly stickers (ie Sticky mosaics/Diamond art)?

A printed book that is predominantly a story book containing some stickers would qualify for the temporary GST/HST break. However, stickers, sticker books, crafts, and craft books would not qualify for the temporary GST/HST break.

When a book is packaged with or includes other elements that would not qualify for the temporary GST/HST break, a case-by-case decision would need to be made by determining whether the product is predominantly a printed book or predominantly something else.

Are cross word puzzle books included in the definition of printed books for this GST Holiday?

In general, crossword puzzle books are not included in the definition of printed books, as they are books designed primarily for writing on. Therefore, crossword puzzle books do not qualify for the GST/HST holiday. However, crossword puzzle magazines, "find-a-word" magazines and similar publications issued on a periodic basis are considered periodicals and not books for writing on. These are considered to be printed books if 5% or less of their total space is devoted to advertising and they are acquired by subscription. Such magazines or periodicals would qualify for the GST/HST holiday if all the consideration is paid during the relief period and only for those magazines or periodicals that are delivered during the relief period.

Single serve ice creams that are sold at hockey arenas and at gas stations?

Single serve ice cream served at any venue would qualify for the GST/HST relief.

A member in NB is a pottery painting store and some of the pottery that you can paint doubles as something decorative, but also something you can use. For ex: a piggy bank, a mug, or a Christmas tree (used for decoration only though). Would these clay items that look like trees fall under the decorative trees that are permissible for the GST Holiday?

No, these items would not qualify for GST/HST relief unless the pottery was specifically marketed and sold as a Christmas or a similar decorative tree. Items that can become Christmas trees after they have been painted by a purchaser would not qualify.

What microscope or telescopes or STEM items are part of the GST Holiday, and which ones aren’t?

To qualify for the GST/HST relief during the eligible period, a scientific related item must be a toy, toy set or toy system that is designed for children under 14 years of age for either learning or play purposes. Such scientific items must also be a toy, toy set or toy system that either a) imitates another item, for example, a toy telescope or b) involves building, creating or assembling structures, objects or models by using pieces, parts, materials or modelling compound – such as kids’ toy scientific kits. Globes, telescopes or microscopes that are not designed for use by a child under 14 years of age would not qualify for GST/HST relief during the eligible period even if children may use them. Products that are not qualifying toys that people buy for children to use are not eligible for GST/HST relief during the eligible period.

Can musical instruments be considered a child’s toy?

No, musical instruments are not children’s toys. Musical instruments continue to be subject to GST/HST during the eligible period. 

Banquet Halls: Can you please provide an explanation of how this works for the food that is included in a price per person package? What is applicable to banquet halls? What is the ruling?

If a banquet hall charges a customer for the provision, preparation and serving of food during the eligible period, the supply of the food is not subject to GST/HST during the eligible period. If, however, a banquet hall makes a supply of a package that includes the provision of food and the there is one fee for the package that is not separately itemized and the customer cannot select individual components of the package to acquire, the banquet hall is likely making a single supply of a package to the customer that includes the provision of food. It will be necessary for the banquet hall to determine the predominant nature of that supply to determine if GST/HST relief applies during the eligible period. For example, if a venue holds a concert for a professional performer and charges a flat fee that provides the customer with entrance to the event plus some complimentary food and beverages, the nature of the supply is a supply of a non-qualifying service (access to a concert) even though some incidental food and beverages are provided. The supply is not subject to GST/HST relief during the eligible period. If, however, a venue holds a function at their location and the fee provides a set prepared meal, a set glass of wine and includes a shot of whisky all supplied as a single supply, the nature of the supply is a supply of a service of qualifying food and beverages even though it might include the provision of a non-qualifying service (the provision of the shot of whisky). In this case, the supply is subject to GST/HST relief during the eligible period.

Newspaper subscriptions: E.g., John Smith purchases a subscription for the paper that is delivered starting December 25, 2024, until December 24, 2025. So, it is "paid for in full during the vacation period" but delivery is each week until December 2025 - it is not "delivered or made available to the buyer between December 14, 2024, and February 15, 2025" in full. Would this scenario meet the requirements for delivery and for newspaper items under the GST Holiday?

Yes, if an annual print newspaper subscription is paid in full on December 24, 2024, the print newspapers that are delivered between December 25, 2024 and February 15, 2025 qualify for the GST/HST relief. Any print newspapers delivered after February 15, 2025 would not qualify.

Auction houses: Would the items be included if they fall under the eligible list of items listed on the CRA website?

Yes, qualifying goods sold at an auction house would also be relieved of GST/HST.

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. We will also update this page as more information becomes available.

GST/HST Holiday Posters

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