Sales Taxes for Video Producers Agenda – – – – – – Introduction & disclaimer Two sales taxes that you must understand Why should you care? GST / HST PST Q&A Sales Taxes for Video Producers Jim Westwell, CGA - experienced in the film & television industry I am NOT a tax practitioner – I will share my experiences and past practices to help put things in context This session is for general information and discussion – – You should seek professional advice or do your own research for specific issues Ask for a guidance from tax help lines Two sales taxes that you must understand: GST - Goods & Services Tax - Federal PST - Provincial Sales Tax - Province of BC Why should you care? – Failure to comply can cost you BIG BUCKS Imputed - All taxable sale will be assessed as if you charged on a tax included basis Heavy penalties and interest for 3 years retroactive GST - Goods and Services Tax A “value added tax” - Hits the supply chain Federal jurisdiction - Canadian territory Applies to most good &/or services – Exceptions: Payroll Basic Groceries Medical & Dental Services Financial Services & Interest Insurance & residential rents GST -Goods and Services Tax Almost everyone pays the GST - No Exemptions – Except for “0 Rated” sales such as exports (and above exceptions) If you ship a finished DVD to a customer outside of Canada - No GST If you only supply services to a foreign client in Canada - Charge GST – Place of service rules GST -Goods and Services Tax Final GST liability is with the final consumer of the product or service All others who pay GST along the supply chain can claim GST paid or incurred as an Input Tax Credit (ITC) – Supply chain vendors MUST be registered for GST to claim Input Tax Credits GST -Goods and Services Tax Registration requirements: – – If you charge GST If you have revenues of $30,000 per year If registered you must charge and remit GST on all sales You can opt to file tax returns – – – Monthly Quarterly Annually GST -Goods and Services Tax Accounting records must be kept – – – Record all sales and taxes charged thereon Record all expenses and GST paid thereon Record all Capital (Equipment & Software) purchases and GST paid thereon Your records can be your best friend or worst enemy – – Do them right and DO NOT cut corners You will eventually be audited so be ready GST -Goods and Services Tax Receipt requirements – $30.00 (including all taxes) or over: Amount of GST or statement that GST is included and identification of items taxed Supplier’s GST registration number – $150 or over: Above requirements Purchaser’s name Terms of payment Description to identify each item GST -Goods and Services Tax Tax returns – – – – – File on time and stay off their radar Report all sales for the period even if you have not collected the receivable Calculate the total GST charged for the period (collected or not) Calculate total GST incurred (Input tax Credit) for the period (paid or not) Pay or claim a refund on the difference GST -Goods and Services Tax “Quick Method” – – – Annual sales (including tax) under $200,000 No need to account for GST Input Tax Credits Remit a flat percent of sales plus tax: 4% of first $30,000 of sales including GST tax 5% on remaining sales and GST billed You keep the difference – Can still claim Input Tax Credits on capital items - such as cameras, software & computers GST -Goods and Services Tax Example of “Quick Method” Annual sales & tax -50,000+3,500=$53,500 Remit: – – – – – 4% on first $30,000 = $1,200 5% on remaining 23,500 = 1,175 Total tax paid $2,375 Total tax collected 3,500 Net Input Tax Credit $1,125 GST -Goods and Services Tax Harmonized Sales Tax - HST – All GST registrants must collect and remit 15% of “taxable supply” in: Nova Scotia New Brunswick Newfoundland & Labrador – – Same rules as GST Make payment s to CRA GST -Goods and Services Tax Self-assessment – – Any goods that you have taken from the business on which as an ITC has been claimed Any goods and services that you import into Canada that were not taxed at the border Space on the tax form to report & offset against other tax issues – Beware: This is a standard target of opportunity for GST auditors PST - BC Provincial Sales Tax Retail Sales Tax Applies to sale or lease of “Tangible Personal Property “(TPP) All “Vendors” of “TPP “ must register & collect PST on sales of their product Also applies to some “Taxable Services” PST - BC Provincial Sales Tax Exemptions apply to materials that become a component part of the finished product – – – – DV tapes (assuming that the client gets them) DVD blanks & cases Ribbons & labels DVD case cover paper and toner or ink Other exemptions include groceries, books, bicycles, and services PST - BC Provincial Sales Tax Bulletin SST 053 specifies “Videotaped Events” Requires tax on ALL “charges that the customer must pay to acquire the video tape” – – – Travelling expenses Labour Other amounts PST - BC Provincial Sales Tax Video producer must pay PST on his/her “purchases for business use” – – – – Cameras, lighting, microphone & tripods Computers, software and printers Office furnishings, supplies and overhead Camera repairs (“taxable services”) PST - BC Provincial Sales Tax Bulletin SST 076 may apply if videographer services a “Motion Picture” – – May be exempt from charging PST for services if he supplies “Owner Operated Equipment” Contract must specify responsibility for operating the equipment PST - BC Provincial Sales Tax Self-assessment required: – – – On all purchases outside of BC (if not taxed or exempted) All purchases in BC that were not otherwise taxed or exempt Exempt goods for resale that are later used for personal or business use This is a favourite area for auditors so play it straight PST - BC Provincial Sales Tax Accounting records and tax returns – Same basic rules as for GST Summary Sales taxes are a serious matter Ignorance of the requirements is NOT a defense If you are in business, – – Know what is required to comply with sales tax laws and regulations Run your business accordingly Final Words of Advice Retroactive taxes, penalties and interest can KILL your business and put you into personal bankruptcy so don’t fool around. Be honest and the auditors will lose interest in you Thanks for your attention. Questions and Comments